Code of Colorado Regulations
1000 - Department of Public Health and Environment
1006 - Center for Health and Environmental Data (1006, 1009 Series)
5 CCR 1006-1 - VITAL STATISTICS
Section 4 - REGISTRATION OF BIRTH
Universal Citation: 5 CO Code Regs 1006-1 ยง 4
Current through Register Vol. 47, No. 17, September 10, 2024
SECTION 4.1Sex Designation
The record and certificate may identify the sex designation as female or male at the time of birth and may be amended pursuant to Section 5.5 to identify the sex designation as female, male or "X".
SECTION 4.2Delayed Registration of Birth
Any birth registered 1 year or more after the date of birth, constitutes a delayed registration of birth.
A.
1. Any
individual eighteen years of age or older or an emancipated minor, born in the
state of Colorado whose birth is not registered in this state may request the
registration of a delayed report of birth.
2. If an individual is under 18 years of age,
the request for registration of a delayed report of birth may be submitted by
one of the following in the indicated order of priority:
a. One of the parents of the
registrant,
b. The legal guardian
of the registrant,
c. The legal
custodian of the registrant, or
d.
In the absence, inability or refusal of a parent, guardian or legal custodian,
any next of kin who is eighteen years of age or older, at least ten years older
than the registrant, and has personal knowledge of the facts of live
birth.
B.
1. An individual requesting registration of a
delayed report of birth must provide a sworn, signed and notarized statement
that establishes in the form and manner required by the State Registrar:
a. The full name of the person at the time of
live birth;
b. The date of birth
and place of live birth;
c. The
full name of the mother prior to first marriage;
d. The full name of the father unless
parentage needs to be amended pursuant to Section 5.
2. To establish these facts, the requestor
must submit the following documentation:
a.
One document showing name;
b. Two
documents proving birthdate or age (at least one showing actual
birthdate);
c. Two documents
proving birthplace; and,
d. One
document proving parentage.
At least one of the documents identified above must be have been created during the first 10 years of life. One document may be a sworn affidavit that is notarized.
3. The State Registrar may require additional
evidence in support of the facts of birth and/or an explanation of why the
report of birth was not registered within the required ten days.
C. The State Registrar, or their
designee, shall determine the acceptability of all documentary evidence
submitted. All documents must be internally consistent. Each document must be
verifiable and originate from separate sources and must be in the form of the
original record or a duly certified copy thereof or a signed statement from the
custodian of the record or document. Documents may include, but are not limited
to:
1. Census records;
2. Hospital records;
3. Military records;
4. Social security records;
5. Voter registration records;
6. School records; or
7. Other documents as designated by the State
Registrar.
D. The
submission and documentation shall be reviewed and upon approval, an abstract
will be developed. The abstract will identify each document submitted to
support the facts shown on the delayed birth certificate including, the title
or description of the document, the date of the original filing of the document
being abstracted, and the information regarding the birth facts contained in
the document. The abstract will be attached to the delayed certificate of
birth. Original documents submitted in support of the delayed birth
registration shall be returned to the applicant after review and
abstraction.
E.
1. The State Registrar, or their designee,
shall, by signature, certify that no prior birth certificate is on file for the
person whose birth is to be recorded, that the evidence submitted has been
reviewed and abstracted, and that the documentation establishes the facts of
birth.
2. Births registered after
ten days, but within one year from the date of birth, shall not be marked
"delayed."
F. Requests
for delayed certificates which have not been completed within one year from the
date of application may be dismissed at the discretion of the State Registrar.
Upon dismissal, the State Registrar shall so advise the applicant and all
original documents submitted in support of such registration shall be returned
to the applicant
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