333-011-0230 Registering Live Births that Occur Outside a Facility More Than One Year after the Date of Birth (1) When a live birth that occurred outside a licensed medical facility has not been registered within one year from the date of birth, an application for a delayed registration of live birth may be submitted. The applicant shall complete a delayed report of live birth application form prescribed by the state registrar, pay the delayed filing fee, and shall provide additional documentation described in this rule. (a) If the proposed registrant is age 18 or older, the proposed registrant must file the application unless the proposed registrant has a legal guardian due to incapacity. If the proposed registrant is age 18 or older and has a legal guardian due to incapacity, the legal guardian may file the application on behalf of the proposed registrant. (b) If the proposed registrant is less than age 18, the mother, the father if legal relationship is established, the legal guardian, or a state agency with physical custody may file the application. (c) No delayed report of live birth shall be registered for a deceased person. (2) A delayed registration of birth application form shall be signed by the person authorized to request a delayed registration of birth as described in subsections (1)(a) and (b) of this rule and sworn to before an official authorized to administer oaths, swearing to the accuracy of the facts stated therein. (3) In addition to completing the delayed registration of live birth application, the applicant must submit documents to establish the facts of birth including: (a) The full name of the proposed registrant at the time of birth; (b) The date of birth; (c) The place of birth within Oregon; (d) The mother’s full name at birth and current full legal name; and (e) Proof that a record does not currently exist in Oregon. (4) If the mother was not married either at the time of conception or birth or within 300 days prior to the birth, the state registrar shall not enter the name of the father on the delayed record of live birth for a minor child except upon receipt of a voluntary acknowledgment of paternity as provided in OAR 333-011-0270 or upon receipt of a court order establishing paternity. (5) A delayed registration of birth application completed and submitted to the state registrar within 10 years of the birth of the proposed registrant must include three pieces of documentary evidence that support the facts of birth. (a) One of the three documents must establish the mother’s residence address in Oregon within 30 days of the date of the live birth and inclusive of the date of birth. A personal affidavit cannot be used to establish residence. (b) One document other than a personal affidavit must have the full name at birth of the proposed registrant, the date of birth, and the full legal name or the full name at birth of the mother. This document must be dated either: (A) Before the first birthday of the proposed registrant; or (B) At least one year prior to the date of the application. (c) One of the documents may be a personal affidavit. To be accepted, a personal affidavit must be signed by a person who is at least 18 years of age and is at least 10 years older than the proposed registrant. That person must have personal knowledge of the facts of birth and not be a family member of either parent. (d) In addition to the facts of birth, information on the identity of the mother and father is required. (A) Evidence of the identity of the mother shall include: (i) An official identification document from a government agency that includes a photograph of the mother; and (ii) A certified copy of the mother’s record of birth; or (iii) Other official documents acceptable to the state registrar. (B) Evidence of the identity of the father if the father is to be listed on the record of live birth shall include: (i) An official identification document from a government agency that includes a photograph of the father; and (ii) A certified copy of the father’s record of birth; or (iii) Other official documents acceptable to the state registrar. (C) If a parent’s current legal name does not match the name on his or her record of birth, evidence of the legal name change through court order, marriage or other legal process must be provided. (e) If the father is listed on the birth report because the mother and father are married, a certified copy of a marriage record for the mother and the father must be submitted. (6) If a delayed registration of live birth application is completed and submitted to the state registrar 10 years or later after the date of birth of the proposed registrant, at least three pieces of documentary evidence shall be submitted with the application for delayed record of live birth. (a) All documents must have been established: (A) Prior to the proposed registrant's 10th birthday and at least one year prior to the date of application; or (B) At least 10 years prior to the date of application. (b) One document must have the full name at birth of the proposed registrant, the date of birth or age, the place of birth within Oregon, and the mother’s first and last name prior to marriage. (c) The remaining two documents must have the name of the proposed registrant, the date of birth or age, and place of birth. One document of the three must include the registrant’s first and last name, date of birth and place of birth within Oregon. (d) The father will be included on the record of live birth if the proposed registrant is age 18 or older and the evidence submitted documents the identity and relationship. (e) Documents in addition to the three required may include first and last names only and do not need to include the date of birth and place of birth if sufficient information appears in the document to clearly identify the proposed registrant as the subject of the document. These documents may be used to correct the spelling of a name or to add information missing from the three documents required, such as a parent’s place of birth. Statutory/Other Authority: ORS 432.113 Statutes/Other Implemented: ORS 432.113 History: PH 17-2013, f. 12-26-13, cert. ef. 1-1-14