31-10-12. Judicial procedure to establish facts of birth.

If a delayed birth certificate is rejected under the provisions of Code Section 31-10-11, a petition signed and sworn to by the petitioner may be filed in either the superior court or the probate court in the county of residence of the person for whom a delayed birth certificate is sought for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered and shall allege:#

1. (1)

   That the person for whom a delayed birth certificate is sought was born in this state;#

2. (2)

   That no birth certificate of such person can be found in the files of the State Office of Vital Records or the office of any local custodian of vital records;#

3. (3)

   That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section 31-10-11 and regulations adopted pursuant thereto;#

4. (4)

   That the state registrar has refused to register a delayed birth certificate; and#

5. (5)

   Such other allegations as may be required.#

The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section 31-10-11 and all documentary evidence which was submitted to the state registrar in support of such registration.#

The superior court or probate court, as the case may be, shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days’ notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding.#

If the superior court or probate court finds, from the evidence presented, that the person from whom a delayed birth certificate is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and such other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a delayed birth certificate. This order shall include the birth data to be registered, a description of the evidence presented as prescribed by Code Section 31-10-11, and the date of the court’s action.#

The clerk of superior court or the probate court, as the case may be, shall forward each such order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar and shall constitute the birth certificate from which certified copies may be issued in accordance with this chapter.#