Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 500 - ILLINOIS VITAL RECORDS CODE › Section 500.30 - Delayed Records of Birth

Current through Register Vol. 48, No. 28, July 12, 2024
a) Persons
			 born within the State of Illinois for whom no prior registration of birth has
			 been made and for whom no certificate of birth has been created may apply for
			 and receive a certificate of birth provided all requirements of this Section
			 are met.
b) Application may be made
			 by the person to whom the record relates if the applicant is eighteen (18)
			 years of age or older on the date of application. A parent or legal guardian
			 may make application on behalf of an applicant who is under eighteen (18) years
			 of age on the date of application. Application shall be made on forms provided
			 by the State Registrar and shall be filed with the local registrar of the
			 district in which the applicant was born. For purposes of this Section, a
			 foundling whose place of birth is unknown shall be presumed to have been born
			 in the district in which found.
c)
			 The application shall include all information required by the application form,
			 and shall be accompanied by documents which prove all facts necessary to
			 complete the certificate of birth to the satisfaction of the State Registrar.
			 In evaluating the proof submitted to substantiate the birth facts, the State
			 Registrar shall take into consideration that documents created at the time of
			 birth or immediately thereafter constitute the best evidence of the facts to be
			 proved. Either the original document, a certified photograph or transcript of
			 the original document, or a certified statement of the pertinent facts in a
			 document may be accepted as proof. Documents shall show when and with what
			 agency or official the information was originally recorded, including any
			 particular identifying number and the complete address of such agency or
			 official. If the birth occurred at home, the State Registrar may require the
			 applicant to provide documents proving that the mother resided at the address
			 where the child was born and that such residency included the date of birth of
			 the child.
d) The State Registrar
			 may verify the authenticity and accuracy of any document submitted and any
			 statement made to prove any fact necessary to complete the certificate of
			 birth. In the event that the documents are not acceptable to the State
			 Registrar, the applicant shall be so advised. If the State Registrar determines
			 that a document has apparently been altered or may be counterfeit, law
			 enforcement authorities shall be so informed. Applications which are
			 incomplete, based upon misrepresentation, or are accompanied by documents which
			 appear to be altered or counterfeit shall be rejected, and the birth record
			 shall not be filed until a court determination of the facts has been
			 made.
e) The State Registrar may,
			 but need not, return any documents, excepting only affidavits, to the persons
			 who submitted the documents.
f) If
			 the name of the person whose birth is to be registered has ever been changed,
			 the name at birth and the name later acquired shall be entered in the
			 appropriate items on the application. A certified copy of the court order or
			 decree shall be submitted if the name was acquired by court action; otherwise,
			 a statement explaining the circumstances relating to the change of name shall
			 be submitted.
g) If the mother was
			 not married to the father of the child either at the time of conception, birth,
			 or any time in between, the name of the father shall not be entered on the
			 birth record without the written consent of the mother and the person to be
			 named as the father; unless a determination of paternity has been made by a
			 court of competent jurisdiction, in which case a certified copy of the court
			 order shall be submitted. The written consent may be furnished by separate
			 statements by the mother and father, or by having both of them sign in the
			 appropriate items on the application.
h) If the child is more than three (3) days
			 and less than one (1) year of age on the date of application, the local
			 registrar may require the parent or legal guardian to appear in person with the
			 child as a prerequisite to forwarding the certificate of birth to the State
			 Registrar. The birth shall be registered on the current Certificate of Live
			 Birth and shall be signed by:
1) The
			 physician in attendance at or immediately (within 72 hours) after the birth, or
			 in the absence of such a person;
2)
			 Any other person in attendance at or immediately (within 72 hours) after the
			 birth, or in the absence of such a person; or
3) The father, the mother, or in the absence
			 of the father and the inability of the mother, the person in charge of the
			 premises where the birth occurred. (Section 12 of the Act).