Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 105 - Vital Statistics › Subchapter 3 - Birth Registration › Section 310:105-3-2 - Delayed birth certificates

Current through Vol. 41, No. 20, July 1, 2024
(a)
When delayed birth certificate required.
If a live birth is not
				registered before the person has reached or passed his first birthday, the
				birth shall be registered on the delayed certificate of birth form.
(b)
Facts to be established.
In
				filing a delayed registration of birth, the facts of the date and place of
				birth along with the parentage of birth shall be established.
(c)
Evidence required.
(1)
Age one year to ten years.
For a registrant who has reached or passed his first birthday but has not
				reached his tenth birthday, the facts of birth shall be established by two
				records, one of which may be an affidavit signed by a parent or guardian and
				the other an affidavit signed by the health care provider. If the birth was not
				attended by a health care provider, a record of the birth made at or near the
				birth may be used as the second record to establish the facts of the birth. If
				no record of the birth can be produced, the Department shall investigate the
				facts of the birth before accepting the delayed birth certificate for
				registration.
(2)
Older than
				ten years.
For the registrant who has reached or passed his tenth
				birthday, the facts of birth shall be established by three (3) records, each
				from a different and independent source. To be acceptable as proof the records
				must have been made ten (10) years or more prior to the filing of the
				certificate, with the exception of the affidavit, and must contain information
				about the registrant to support the facts shown on the delayed certificate. An
				affidavit of personal knowledge may be used as one, but only one, of the three
				records of proof. All three records shall indicate the name of the registrant,
				the correct birth date or age of registrant, and at least two of the records
				shall reflect the birthplace of the registrant to be Oklahoma, and one of the
				records shall indicate the parentage as claimed by the registrant.
(3)
Signature.
The registrant or
				his parent, if a minor at the time of application, shall sign the affidavit on
				the face of the delayed birth certificate form before a Notary Public attesting
				to the authenticity of the information as set forth on the face of the form. In
				those instances where the registrant is unable to sign his name, he shall make
				his mark and two witnesses shall sign verifying the same, all before a Notary
				Public.
(4)
Investigation.
The Commissioner may investigate the facts of any
				birth for which a delayed birth certificate is filed. No copies of the
				registration shall be made until the Commissioner is satisfied that the facts
				as listed in the registration can be adequately established.
(5)
Unacceptable application.
A
				delayed birth certificate form shall not be registered and no copies shall be
				issued when it is known that the registrant is deceased.
(6)
Fraudulent application.
At
				any time the State Commissioner of Health or the State Registrar of Vital
				Statistics finds that a delayed certificate of birth has been established by
				using fraudulent documents or affidavits, the Commissioner or State Registrar
				shall "void" such certificate by stamping the face of said certificate
				"void".
(7)
Duplicate
				certificates.
In those instances where it is found that a registrant has
				filed a delayed certificate of birth and also has another certificate of birth
				already on file, the Commissioner or State Registrar shall "void" the delayed
				certificate filed most recently by stamping the face of said certificate as
				"void".
(8)
Copies of voided
				certificates.
In instances where certificates have been voided,
				certified copies shall not be issued.
(9)
Amendments.
Delayed
				certificates of birth shall not be amended except in cases of judicial
				determination of parentage.