DAR File No. 42339

Health, Center for Health Data, Vital Records and Statistics

Rule R436-6

Delayed Registration of Birth or Death

Notice of Proposed Rule

(Repeal)

DAR File No.: 42339
Filed: 11/22/2017 03:24:48 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This filing repeals Rule R436-6 because it is unnecessary. Requirements for court-ordered delayed registration of birth and death are established in Section 26-2-15 and the rule repeats what is stated in the code.

Summary of the rule or change:

This rule is repealed in its entirety because it is unnecessary.

Statutory or constitutional authorization for this rule:

• Title 26, Chapter 2

Anticipated cost or savings to:

the state budget:

There are no anticipated savings or anticipated costs to the state budget with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

local governments:

There are no anticipated savings or anticipated costs to local governments with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

small businesses:

There are no anticipated savings or anticipated costs to small businesses with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated savings or anticipated costs to other persons with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no anticipated compliance costs for businesses with this rule filing as it only repeals a rule that repeats requirements already established in state statute.

Joseph K. Miner, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Richard Oborn at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at roborn@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/16/2018

This rule may become effective on:

01/23/2018

Authorized by:

Joseph Miner, Executive Director

R436. Health, Center for Health Data, Vital Records and Statistics.

[R436-6. Delayed Registration of Birth or Death.

R436-6-1. Court Ordered Delayed Registration of Birth.

When there is evidence that a live birth has occurred, but no birth certificate is on file or a certified copy of the birth certificate cannot be obtained, interested persons may petition for a court order establishing the date, time and place of birth. The petition shall be filed with the clerk of the district court in the county:

(a) Where the birth is alleged to have occurred; or

(b) Where the person whose birth it is sought to establish usually resides.

Persons who were not born in Utah and are not residents of Utah shall not qualify for birth certificate registration under this rule.

Residents of Utah, born outside of Utah and petitioning to register their birth under this rule, shall provide the court evidence that no birth certificate is on file at the place where they were born or that they are unable to obtain a certified copy of their birth certificate from the place where they were born.

Foreign born children who are becoming residents of Utah through adoption proceedings, and who have no original birth certificate on file or are unable to obtain a certified copy of their birth certificate, may have a court order delayed birth certificate registered in Utah. A court order establishing the date, time, and place of birth, should be obtained prior to the court order of adoption. However, the court order of adoption may include the findings of fact regarding the date and place of birth to meet this requirement.

Delayed registrations of birth filed under this rule shall show the actual place of birth, to the extent known, on the birth certificate filed with the State Registrar. This delayed registration shall carry no presumption of United States citizenship.

 

R436-6-2. Court Ordered Delayed Registration of Death.

When there is evidence that a death has occurred, but no death certificate is on file or a certified copy of the death certificate cannot be obtained, interested persons may petition for a court order establishing the fact, time, and place of death. The petition shall be filed with the clerk of the district court in the county:

(a) Where the death is alleged to have occurred; or

(b) Where the deceased usually resided at the date of the alleged death.

A death alleged to have occurred outside of Utah to a non-resident of Utah shall not qualify for death certificate registration under this rule.

 

KEY: vital statistics, court records, birth

Date of Enactment or Last Substantive Amendment: 1989

Notice of Continuation: December 3, 2012

Authorizing, and Implemented or Interpreted Law: 26-2-15]