Kentucky Administrative Regulations › Title 901 - CABINET FOR HEALTH AND FAMILY SERVICES - OFFICE OF ADMINISTRATIVE SERVICES › Chapter 5 - Vital Statistics › Section 901 KAR 5:020 - Delayed birth registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 213.046, 213.056
NECESSITY, FUNCTION, AND CONFORMITY: KRS 213.046 relating to
				Vital Statistics requires the Cabinet for Health and Family Services to
				register all births that occur in Kentucky. KRS 194A.050(1) requires the
				secretary to promulgate all administrative regulations authorized by applicable
				state laws necessary to operate programs and fulfill the responsibilities
				vested in the cabinet. This administrative regulation establishes a uniform
				procedure for registering births which were not reported at the time of
				birth.
Section 1. Definitions. "Delayed
			 birth registration" means the registration of a nonrecorded birth after the
			 time prescribed by KRS 213.046.
Section
			 2. Delayed Birth Registration.
(1) A delayed birth certificate prepared by
			 an institution or bearing the bona fide signature of the physician or midwife
			 shall be accepted by the State Registrar of Vital Statistics for registration
			 if filed before the child is seven (7) years old.
(2) If a birth did not occur in an
			 institution, the physician or midwife is deceased or otherwise not available,
			 or if there was no professional attendant at the birth, the birth certificate
			 shall be accepted for registration if it meets the following criteria. It is:
(a) Completed by a parent or nearest living
			 relative;
(b) Supported by the
			 affidavit of the parent or nearest living relative; and
(c) Supported by a document that:
1. Was established more than one (1) year
			 prior to the date of the application; and
2. Reflects the date of birth, place of
			 birth, and name of the parents.
(3) Any birth certificate presented for
			 registration more than seven (7) years after birth occurred shall be prepared
			 on form VS-B-5, "Established Certificate of Birth and Affidavits".
(4) Information contained on the VS-B-5 shall
			 be supported by the following material:
(a)
			 The affidavit of a parent or nearest living relative of legal age no less than
			 ten (10) years older than the applicant;
(b) The affidavit of a nonrelative of legal
			 age no less than ten (10) years older than the applicant, showing the
			 applicant's date of birth, place of birth, and names of parents;
(c) One (1) document which was established no
			 less than ten (10) years prior to the date of application showing the date of
			 birth, place of birth and names of parents. If the individual whose birth is to
			 be recorded is between the ages of seven (7) and seventeen (17), the document
			 used shall be established no less than three (3) years prior to the date of
			 application.
(5) If the
			 affidavits required in paragraphs (a) and (b) of subsection (4) are not
			 obtainable an acceptable document that meets the requirements of subsection
			 (4)(c) of this section shall be substituted for each affidavit.
(6) Acceptable documents for paragraph (c) of
			 this subsection may include:
(a) Insurance
			 policies;
(b) Census, hospital,
			 school or church records;
(c)
			 Marriage application forms;
(d)
			 Military records;
(e) Birth
			 certificate of a child;
(f)
			 Employment records;
(g) Physician's
			 office records;
(h) Local health
			 department records;
(i) Passports;
			 or
(j) Voter's registration
			 records.