Part VIII. Delayed Birth Registration
12VAC5-550-230. Late registration and delayed registration defined.
A. The registration of a nonrecorded birth after the statutory time prescribed for filing but within one year from the date of birth shall be a "late birth registration." As such, its filing shall be subject to the requirements of 12VAC5-550-250 but shall not be considered a "delayed registration." The registration of a nonrecorded birth after one year from the date of birth shall be a "delayed birth registration."
B. For those births occurring more than one year but less than seven years prior to the date of filing, the birth registrations shall be prepared and filed on the certificate of live birth form in use at the time of birth and shall be plainly marked in the upper margin "delayed registration." Such certificates shall be subject to the requirements of 12VAC5-550-250 and not subject to 12VAC5-550-260.
C. The registration of a nonrecorded birth seven or more years after the date of birth shall be a "delayed birth registration" and shall be registered by the State Registrar on special forms provided for such purposes and shall be subject to the requirements of 12VAC5-550-260.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 8.1, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-240. Who may file a late or delayed birth certificate and conditions.
A. A person born in the Commonwealth of Virginia whose birth is not recorded, or his parent or guardian, legal representative, or an older person having knowledge of the facts of birth, may file a certificate of birth after the time prescribed for filing subject to the procedures and requirements established by these regulations and instructions issued by the State Registrar.
B. No delayed Certificate of Birth shall be registered for a deceased person.
C. Application for delayed certificates that have not been completed within one year from the date of application may be dismissed at the discretion of the State Registrar. Upon dismissal, the State Registrar shall so advise the applicant and all documents submitted in support of such registration shall be returned to the applicant.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 8.2, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-250. Procedures and requirements for late birth registration and delayed birth registration within seven years of date of birth.
A. Late birth registrations and delayed birth registrations filed within seven years of the date of birth shall be prepared and filed on the certificate of live birth form in use at the time of birth. To be acceptable for filing, the certificate must be signed by the physician or other person who attended the birth; or if the birth occurred in a hospital, the hospital administrator, or his designated representative, may sign the certificate; or if the physician or other person who attended the birth is not available, and the birth did not occur in a hospital, the certificate may be signed by one of the parents, provided that a notarized statement is attached to the certificate outlining the reason why the certificate cannot be signed by the attendant.
B. The State Registrar or the city or county registrar may require the presentation of additional evidence in support of the facts of birth or an explanation for the delay in filing in any case where there appears to him reason to question the adequacy of the registration. Home birth records shall follow procedures in 12VAC5-550-100 C.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 8.3, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-260. Procedure and requirements for delayed birth registration seven or more years after date of birth.
A. Application for a delayed birth registration after seven years have elapsed since the date of birth shall be made to the State Registrar and shall be filed according to instructions issued by the State Registrar.
B. If a prior birth certificate is located for the registrant, a delayed birth certificate shall not be filed. The final acceptance of a delayed birth certificate for filing shall remain in a pending status until evidence is submitted in support thereof satisfactory to the State Registrar as outlined in subsection E of this section, or until one year from the date of application, in which event the application shall lapse.
C. The following facts concerning the person whose birth is to be registered must be established:
1. The full name of the person at the time of birth, except that the delayed certificate may reflect a name established by adoption or legitimation when such evidence is submitted;
2. The date and place of birth; and
3. The names of the parents, except that if the mother of the child was not married to the father of the child at the time of birth, or during the 10 months preceding such birth, the name of the father shall not be entered on the delayed certificate unless the child has been adopted or legitimated, or parentage has been determined by a court of competent jurisdiction pursuant to § 32.1-257 of the Code of Virginia, or both natural parents present a sworn acknowledgement of paternity.
D. Delayed birth certificates shall be prepared on forms supplied by the State Registrar. Each such delayed certificate shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if such person is available and is competent to sign and swear to the accuracy of the facts stated therein; if not, the application shall be signed and sworn to by one of the parents, guardian, legal representative, or by an older person having knowledge of the facts of birth.
E. The birth facts entered on the delayed certificate shall be supported by at least three pieces of documentary evidence; except that:
1. If one of the documents was established before the registrant's seventh birthday, only two such documents shall be required.
2. If the person whose birth is being registered is 15 years of age or under, only two such documents shall be required.
F. All documents used shall be primary evidence, such as school admission records, physician's records, insurance applications, baptismal records, federal census abstracts, immunization records, or passports. Only one affidavit of personal knowledge shall be used as an additional supporting document.
G. Facts of parentage need only be supported by one such document described in subsection F of this section.
H. Documents shall be in the form of the original or certified or true copies of the original.
I. All documents, except the affidavit of personal knowledge, shall be returned to the applicant after review.
J. Whether delayed certificates and documentary evidence submitted conform with this chapter and are acceptable for filing shall be determined by the State Registrar. If, in his judgment, an applicant does not submit the documentation required in support of the facts of birth or if there appears reason to question the delayed registration, the delayed birth certificate shall not be accepted and the applicant shall be advised of its deficiencies.
1. If a delayed birth certificate is acceptable for filing, the State Registrar or his designated representative shall abstract on the delayed birth certificate form a description of each document submitted in support of the delayed registration, including the kind and title of the document; the name and relationship of the affiant if the document is an affidavit of personal knowledge; the date the document was originally established; and
2. The State Registrar or his designated representative shall then enter the date of filing of the delayed registration, and by his signature thereto shall certify:
a. That no prior birth certificate is on file for the person whose birth is to be registered.
b. That the documentary evidence submitted to establish the facts of birth has been reviewed and is in conformity with the stated facts.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 8.4, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-270. Cancellation records.
When the State Registrar shall be satisfied that a late or a delayed birth certificate was obtained through fraud or misrepresentation, he shall give to the person named in the certificate a notice in writing of his intention to cancel said certificate. The notice shall give such person an opportunity to appear to show cause why the certificate should not be cancelled. The notice may be served on such person or in the case of a minor or incompetent to his parent or guardian by forwarding the notice by certified mail to his last known address on file in the Division of Vital Records and Health Statistics. Any appeal shall be governed by the provisions of the Virginia Administrative Process Act pursuant to Title 9, Chapter 1.1:1 of the Code of Virginia.
Statutory Authority
§ 32.1-273 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 8.5, eff. April 1, 1995.