(b) One document prepared within 5 years of the date of the event and 1 document
prepared not less than 5 years before the date of application.
(c) One document prepared within 5 years of the date of the event and an affidavit of
personal knowledge of the birth from an older relative.
(d) Two documents prepared not less than 5 years before the date of application
and an affidavit of personal knowledge of the birth from an older relative.
(e) Three documents prepared not less than 5 years before the date of application.
(7) Documents submitted in support of a request to establish a delayed birth
certificate which contain signs of erasure, alterations, or changes to the pertinent
information shall not be accepted.
(8) The state registrar shall review each application and the evidence submitted in
support of the application. When the documentary evidence is insufficient to support the
application, the state registrar may require the submission of additional documentary
evidence. The state registrar shall dismiss an application when additional evidence
requested or the required fee is not received within 6 months of the request for the
additional evidence or the fee. When an application is dismissed, the state registrar
shall send a written notice of dismissal to the applicant and shall return the documentary
evidence. The application fee submitted shall be retained. The state registrar shall deny
an application when the applicant refuses to submit the required fee or complete an
application, when the applicant is not eligible to apply, or when the applicant cannot
provide satisfactory documentary evidence in support of the application. When an
application is denied, a written notice of denial shall be forwarded to the applicant
indicating the reason for the denial. All documentary evidence shall be returned to the
applicant. The application fee submitted shall be retained, except when the applicant is
not eligible to apply.
(9) If, after review of the application and the evidence, the state registrar is
satisfied that the evidence supports the request, the state registrar shall prepare a
delayed registration of birth on a form prescribed by the state registrar and shall place
the record in the active files of the system of vital statistics. A delayed registration of
birth shall show on its face a summary statement of the evidence submitted in support
of the delayed registration of birth and shall be marked "delayed." A copy of the
delayed registration of birth shall be forwarded to the local registrar for the area
where the birth occurred. The documentary evidence shall be returned to the applicant.
(10) If the state registrar becomes aware that a delayed registration of birth prepared
by the department is invalid or that the evidence received in support of the delayed birth
certificate is false or invalid, the delayed registration of birth shall be rescinded. The
state registrar shall forward a notice of the rescission to the last known address of the
applicant. The state registrar shall notify the local registrar of the rescission of the
record and shall instruct the local registrar to remove the record from the files.
History: 1981 AACS.
R
325.3221
Delayed registration of death; application; establishment;
evidence; review of application and evidence; dismissal or denial of application;
preparation and filing of registration; rescission of registration.
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