37.8.303    DELAYED BIRTH CERTIFICATE

(1) Any person born in the state of Montana whose birth was not properly recorded within one year after the birth may file and receive a delayed birth certificate if the requirements of this rule are met.

(2) The birth must be filed on a Montana delayed birth registration form available from the department.

(3) The person filing the form must submit to the department documents proving the applicant's name, the date and place of birth and the applicant's parents' names. Documentation of the name of the applicant and the date and place of birth must be supported by at least the following:

(a) if the record is filed within five years after the date of birth, either a health care facility record created at the time of birth and two pieces of documentary evidence meeting the requirements of (4) or, if a health care facility record is not available, three pieces of such documentary evidence; or

(b) if the record is filed five years or more after the date of birth, three pieces of documentary evidence meeting the requirements of (5) .

(4) For any person under the age of five, the documents must be dated at least one year before the date of the application or within the first year of birth.

(5) Any document submitted in evidence for any person five years of age or older must be dated at least five years before the date of application or within three years after the date of birth.

(6) No two of the documents submitted as evidence may be from the same source and only one document may be a sworn affidavit. A sworn affidavit must state the date and place of birth of the applicant, establish the age of the affiant and the fact that the affiant was present at the birth and be signed by a person who is at least 10 years older than the applicant for the delayed birth certificate.

(7) Of the documents that are not sworn affidavits, at least one must establish the place, month, day and year of birth; one must establish the town or county and state of birth; and they must establish the full names of both parents, including the mother's maiden name.

(8) Only official copies of documents will be accepted. Affidavits from notary publics that they have examined documents will not be accepted in lieu of official documents. Altered documents will not be accepted.

(9) If an application for a delayed birth certificate is incomplete or does not meet the department's issuance criteria as listed above, the department shall notify the applicant of:

(a) the problems;

(b) the procedures necessary to rectify the problems; and

(c) the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed birth certificate.

(10) If, after notification, the application is not actively pursued for a period of 180 days, the application and supporting documents will be returned to the applicant and a new fee, application and supporting documentation will be required to reapply.

History: Sec. 50-15-102 and 50-15-204, MCA; IMP, Sec. 50-15-103 and 50-15-204, MCA; Eff. 12/31/72; AMD, Eff. 12/5/74; AMD, 1981 MAR p. 1188, Eff. 10/16/81; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03.