Sec 36-333.03. Record of birth; petition; requirements; notice; court order; definition

A. If a delayed birth certificate for a person who is born in this state is not created and registered pursuant to section 36-333.02, that person or, if the person is under eighteen years of age, the person's parent or legal guardian may petition the court for an order to establish a record of the person's date of birth, place of birth and parentage.

B. The petition must allege:

1. That the person for whom a delayed birth certificate is requested was born in this state.

2. That the person's birth is not registered in another state or country.

3. That a record of birth for the person cannot be found in this state's vital records.

4. That despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the creation and registration of a delayed birth certificate.

5. That the state registrar has refused to create and register a delayed birth certificate.

6. Any other allegations the petitioner believes would be useful to the court.

B. The petitioner shall submit to the court a copy of the notification provided pursuant to section 36-333.02, subsection E and all information and evidentiary documents that were submitted to the state registrar to support the request for the registration of a delayed birth certificate.

C. The court shall set a date, time and place for a hearing on the petition and shall provide notice of the date, time and place to the state registrar and the petitioner at least twenty days before the hearing. The state registrar may appear and testify at the hearing.

D. If the court finds that the evidence presented for the petitioner supports the creation and registration of a delayed birth certificate, the court shall establish the facts of birth, including parentage and any other findings that may be required, and shall issue an order to create and register a delayed birth certificate on a form that is provided by the state registrar and that includes the facts of birth, a description of the information and evidentiary documents submitted to the court and the date of the court's action.

E. The clerk of the court shall forward an order issued pursuant to subsection D of this section to the state registrar not later than the tenth day of the calendar month following the month in which the court issued its order. Based on the information contained in the order, the state registrar shall create and register a delayed birth certificate that includes a list of the information and evidentiary documents as stated in the order.

F. For the purposes of this section, "court" means the superior court or tribal court.