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RULE §181.60Delayed Certification of Birth

(a) When a certificate of birth of a person born in this state has not been registered before the one-year anniversary of the date of birth, a delayed certificate of birth may be submitted in accordance with regulations of the Vital Statistics Unit. No delayed certificate of birth shall be registered until the evidentiary requirements as specified in regulation have been met.

(b) A certificate of birth submitted under this section shall be marked "Delayed" and show the date of registration. The delayed certificate of birth shall contain a summary statement of the evidence submitted in support of the delayed registration. Probate records and delayed records may not be abstracted.

(c) An application to file a delayed certificate of birth for a birth in this state not registered before the one-year anniversary of the date of birth shall be made to the State Registrar.

(d) No delayed certificate of birth shall be registered for a deceased person.

(e) When an applicant as defined by regulation does not submit the minimum documentation required in the regulations for delayed registration or when the State Registrar has cause to question the validity or adequacy of the applicant's (sworn, notarized, witnessed) statement or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not register the delayed certificate of birth. The State Registrar shall advise the applicant of the reasons for this action, and shall further advise the applicant of his or her right to file a petition in the county probate court of the county in which the birth occurred for an order establishing a record of the person's date of birth, place of birth, and parentage.

(f) The State Registrar may provide for the dismissal of an application that is not actively pursued.

Source Note: The provisions of this §181.60 adopted to be effective August 11, 2013, 38 TexReg 4896

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