338-17.5 Judicial procedure to establish facts of birth. (a) If a delayed certificate of birth is rejected under section 338-16, a petition may be filed with the circuit court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.

(b) The petition shall be accompanied by a statement of the registration official made in accordance with section 338-16(d) and all documentary evidence which was submitted to the registration official in support of such registration.

(c) The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth fifteen days' notice of said hearing. Such official, or the official's authorized representative, may appear and testify in the proceeding.

(d) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this State, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order to establish a record of birth.

(e) The clerk of the court shall forward a copy of the order to the state registrar of vital statistics not later than the 10th day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics in accordance with section 338-13. [L 1972, c 66, pt of 1(3); gen ch 1985; am L 1986, c 339, 45]

 

 

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