Part 36 - Delayed Registration Of An Unrecorded Birth

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Statutory Authority: 
Public Health Law, Section 391

Section 36.1 - Definitions

GENERAL PROVISIONS

Section 36.1 Definitions.

(a) Delayed registration of birth is the registration of a birth one year or more after its occurrence.

(b) A supporting affidavit is a sworn statement substantiating the facts entered on the birth certificate.

(c) A written record is one which confirms the facts entered on the birth certificate.
 

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Section 36.5 - Certificate made by attendant at birth

MAKING OF CERTIFICATES

36.5 Certificate made by attendant at birth. If the physician or licensed midwife who attended the birth is alive and can be located, the certificate shall be made by such physician or licensed midwife.
 

Effective Date: 
Wednesday, May 31, 2000
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Section 36.6 - Certificate made by parent

36.6 Certificate made by parent.

If the physician or midwife who attended the birth has died or cannot be located, or if the birth was not attended professionally, the certificate of birth shall be made by one of the parents.
 

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Section 36.7 - Making of the certificate of birth in all other cases

36.7 Making of the certificate of birth in all other cases. If the physician or midwife who attended the birth has died or cannot be located and if neither of the parents can be conveniently reached or if both parents have died, the following procedure should apply:

(a) If the person whose birth it is desired to register is under 18 years of age, the certificate shall be made by the guardian of such person.

(b) If the person whose birth it is desired to register is 18 years of age or over, the certificate shall be made by that person.
 

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Section 36.10 - Official certification that record of birth is not on file required

SUPPORTING DOCUMENTS
36.10 Official certification that record of birth is not on file required. Each application for the delayed registration on an unrecorded birth shall be accompanied by a statement issued either by the local registrar of the community where the birth is believed to have occurred or by the State Department of Health to the effect that a search of the records has been made and that no record bearing the name of the person whose birth is to be recorded was found.

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Section 36.11 - Proof required in support of application for delayed registration of an unrecorded birth

36.11 Proof required in support of application for delayed registration of an unrecorded birth. The following supporting proof, or such proof as may in the opinion of the commissioner be considered the equivalent thereof, shall be submitted by an applicant for delayed registration of birth:

(a) Persons under 12 years of age. If the person whose birth it is desired to register is under 12 years of age, the supporting proof shall consist of one document, such as a hospital record of the birth, a baptismal certificate, a church or synagogue record, a school entrance certificate, or a census record, provided that such document shows the name of the person whose birth is to be registered, the date of birth, place of birth and the names of the parents. In the event that such document is not available, the supporting proof may consist of an affidavit by a competent person who has personal knowledge of the date and place of birth and the names of the parents of the person whose birth it is desired to record. If the certificate of birth submitted for delayed registration is signed by a parent, and an affidavit is submitted as supporting proof, such affidavit shall be made by some person outside the immediate family of the person whose birth is desired to register.

(b) Persons over 12 but under 18 years of age. If the person whose birth it is desired to register is over 12 but under 18 years of age, the application for such delayed registration shall be supported by two written records or certified copies thereof, other than affidavits, made at least five years prior to the date of application, showing the name, date and place of birth and the names of the parents of such person.

(c) Persons over 18 years of age; certificate signed by parent. If the person whose birth it is desired to register is 18 years of age or over, and if the certificate of birth submitted for delayed registration is signed by one of the parents, the application shall be supported by two written records or certified copies thereof, as follows:

(1) At least one of these records shall show the name, date of birth, place of birth, and names of the parents of such person, which record shall have been originally made when the person was a minor upon information furnished by a person other than the person whose birth it is desired to register.

(2) The other written record, not an affidavit, shall have been made at least five years prior to the date of application and shall show the name, the place of birth, the date of birth, and the names of the parents of such person.

(d) Persons over 18 years of age; certificate signed by such person. If the person whose birth it is desired to register is 18 years of age or over, and if the certificate of birth submitted for delayed registration is signed by such person, the application shall be supported by three written records, or certified copies thereof, as follows:

(1) At least one written record shall show the name, date of birth, place of birth, and names of the parents of such person, which record shall have been originally made when the person was a minor upon information furnished by a person other than the person whose birth it is desired to register.

(2) The other two written records shall have been made at least five years prior to the date of application and shall show the name, the place of birth, the date of birth, and the names of the parents of such person; only one of these may be an affidavit by a competent person who was old enough at the time the birth occurred to have personal knowledge of the date and place of birth and the names of the parents.
 

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