Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since April 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


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

Rule R436-4. Delayed Registration of Birth.

As in effect on April 1, 2019

Table of Contents

R436-4-1. Registration - Ten Days to One Year.

(1) By authority of Subsection 26-2-8(1), certificates of birth filed after ten days, but within one year from the date of birth, shall be registered on the standard birth certificate in the manner prescribed in Section 26-2-5. Such certificate shall not be marked "Delayed."

(2) The State Registrar may require additional evidence in support of the facts of birth and an explanation of why the birth certificate was not filed within the required ten days.

R436-4-2. Delayed Birth Certificate Form.

All certificates registered one year or more after the date of birth are to be registered on a delayed birth certificate form prescribed by the State Registrar.

R436-4-3. Who May Request the Registration of and Sign a Delayed Birth Certificate.

(1) If the birth of any person born in this state is not recorded in this state, the registrant (if 18 or older), the registrant's parent(s) or guardian, next of kin, or person older than the registrant having personal knowledge of the facts of birth, may request the registration of a delayed birth certificate subject to these rules and instructions issued by the State Registrar.

(2) Each delayed birth certificate shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered. The registrant must be 18 years of age or over and competent to swear to the accuracy of the facts stated therein. If not, the certificate shall be signed and sworn to by one of the following in the indicated order of priority:

(a) One of the parents of the registrant;

(b) The guardian of the registrant;

(c) A relative who is older than the registrant;

(d) Any person older than the registrant having personal knowledge of the facts of birth.

(3) A delayed birth certificate shall not be filed for deceased individuals when application is made more than seven years after the birth is alleged to have occurred.

R436-4-4. Facts to be Established for a Delayed Registration of Birth.

(1) The minimum facts which must be established by documentary evidence shall be the following:

(a) The full name of the person at the time of birth;

(b) The date and place of birth;

(c) The full maiden name of the mother;

(d) The full name of the father; except that if the mother was not married either at the time of conception or at any time during pregnancy, the name of the father shall not be entered on the delayed certificate except as provided in R436-3-4.

R436-4-5. Documentary Evidence - Requirements.

(1) To be acceptable for filing, the name of the registrant and the date and place of birth entered on a delayed birth certificate shall be supported by at least:

(a) Two pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed in less than seven years after the date of birth;

(b) Three pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed seven years or more after the date of birth.

(2) Facts of parentage shall be supported by at least one of the above documents, which is not an affidavit of personal knowledge.

R436-4-6. Documentary Evidence - Acceptability.

(1) Documents presented, such as census, hospital, church, and school records, must be from independent sources and shall be in the form of the original record or duly certified copy thereof or a signed statement from the custodian of the record or document. All documents submitted into evidence, other than an affidavit of personal knowledge, must have been established at least ten years prior to the date of application or must have been established prior to the applicant's tenth birthday. Applications for delayed registration more than seven years after the birth must have at least one document that was established within 15 years of the date of birth.

(2) To be acceptable, an affidavit of personal knowledge must be prepared by one or both parents, other relative, or any person older than the registrant who has knowledge of the facts, and must be signed before an official authorized to administer oaths.

R436-4-7. Abstraction of Documentary Evidence.

(1) The State Registrar shall abstract on the delayed birth certificate a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:

(a) The title or description of the document;

(b) The name and relationship of the affiant, if the document is an affidavit of personal knowledge, or the custodian, if the document is an original or certified copy of a record or a signed statement from the custodian;

(c) The date the document being abstracted was originally filed;

(d) The information regarding the birth facts contained in the document.

(2) All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.

R436-4-8. Certification by the State Registrar.

The State Registrar shall, by signature, certify:

(1) That no prior birth certificate is on file for the person whose birth is to be recorded;

(2) That the evidence submitted to establish the facts of birth has been reviewed;

(3) That the abstract of the evidence appearing on the delayed birth certificate accurately reflects the nature and content of the documents submitted to establish the facts of the birth.

R436-4-9. Dismissal After One Year.

Applications for delayed certificates which are inactive for one year may be dismissed at the discretion of the State Registrar.

R436-4-10. Delayed Registration of Birth Resulting in Stillbirth.

(1) If the parent or parents of a stillborn child request a certificate of birth resulting in stillbirth for the stillborn child that has not been registered within one year after the date of delivery, the state registrar shall search for the certificate of fetal death required under Section 26-2-14.

(2) If a certificate of fetal death for the stillborn was registered in the state of Utah, the state registrar shall provide the parent or parents a certificate of birth resulting in stillbirth based on the facts on the certificate of fetal death, with no additional documentary evidence required. Correction of errors or omissions on the original certificate of fetal death will be made in accordance with R436-3, except that an affidavit from one parent is sufficient to establish the name of the stillborn child.

(3) If a certificate of fetal death was not registered for the stillborn, the minimum facts that the applicant must establish by documentary evidence to register the birth resulting in stillbirth are:

(a) date of delivery.

(b) place of delivery.

(c) full maiden name of the mother.

(d) full name of the father, except that if the mother was not married either at the time of conception or at any time during the pregnancy, the name of the father shall not be entered on the certificate except as provided in 436-3-5.

(e) gestation of 20 weeks or more, as reported by the physician in attendance.

(f) name of delivery attendant.

KEY

vital statistics, evidence

Date of Enactment or Last Substantive Amendment

December 19, 2002

Notice of Continuation

March 20, 2018

Authorizing, Implemented, or Interpreted Law

26-2-8; 26-2-19; 26-2-14.1; 26-2-14.2


Additional Information

Contact

For questions regarding the content or application of rules under Title R436, please contact the promulgating agency (Health, Center for Health Data, Vital Records and Statistics). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.