Idaho Administrative Code
Title IDAPA 16 - Health and Welfare, Department of
Rule 16.02.08 - VITAL STATISTICS RULES
Section 16.02.08.650 - LATE OR DELAYED REGISTRATION OF BIRTH
Universal Citation: ID Admin Code 16.02.08.650
Current through August 31, 2023
01. Late Registration -- Fifteen Days to One Year. (3-15-22)
a. Birth certificates filed after fifteen
(15) days, but within one (1) year from the date of birth, will be registered
on the standard form of live birth certificate in the manner prescribed in
Section 39-255, Idaho Code. Such
certificate will not be marked as delayed. (3-15-22)
b. In any case where the certificate is
signed by someone other than the attendant or person in charge of the
institution where birth occurred, a notarized statement setting forth the
reason must be attached to the certificate. The State Registrar may require
additional evidence in support of the facts of birth.
(3-15-22)
02. Form of Delayed Birth Certificate. All certificates registered one (1) year or more after the date of birth will be registered on a delayed birth certificate form. (3-15-22)
03. Who May Request the Registration of and Sign a Delayed Birth Certificate. (3-15-22)
a. Any person
born in this state whose birth is not recorded in this state, or the parent,
guardian, next of kin of that person, or older person acting for the registrant
and 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. (3-15-22)
b. Each delayed birth certificate must be
signed and sworn to before a notary public by the person whose birth is to be
registered if such person is eighteen (18) years of age or older and is
competent to sign and swear to the accuracy of the facts stated therein;
otherwise, the certificate must be signed and sworn to by one (1) of the
following in the indicated order of priority: (3-15-22)
i. One (1) of the parents of the registrant;
or (3-15-22)
ii. The guardian of
the registrant; or (3-15-22)
iii.
The next of kin of the registrant; or (3-15-22)
iv. Any older person over eighteen (18) years
of age having personal knowledge of the facts of birth.
(3-15-22)
04. Facts to be Established for a Delayed Registration of Birth. The minimum facts that must be established by documentary evidence are the following: (3-15-22)
a. The original full
name of the registrant; (3-15-22)
b. The date of birth and place of birth;
(3-15-22)
c. The full maiden name
of the mother; and (3-15-22)
d. The
full name of the father, unless the registrant was born out of wedlock, in
which case the name of the father will not be entered on the delayed
certificate except as provided in Sections
39-250,
39-255, or
39-257, Idaho Code, and rules
adopted in accordance with these statutes. (3-15-22)
05. Delayed Registration Following a Legal Change of Status. (3-15-22)
a.
When evidence is presented reflecting a legal change of status by adoption,
legitimation, paternity determination, acknowledgment of paternity, or a
court-ordered name change, a new delayed certificate may be established to
reflect such change. (3-15-22)
b.
In such cases changing legal status, when no birth certificate is found, the
delayed certificate may be filed reflecting the information established by the
legal change. (3-15-22)
06. Documentary Evidence -- Requirements. (3-15-22)
a. To be
acceptable for filing, the name of the registrant and the date and place of
birth entered on a delayed birth certificate must be supported by at least:
(3-15-22)
i. Two (2) pieces of documentary
evidence, only one (1) of which may be an affidavit of personal knowledge, if
the record is filed within seven (7) years after the date of birth.
(3-15-22)
ii. Three (3) pieces of
documentary evidence, only one (1) of which may be an affidavit of personal
knowledge, if the record is filed seven (7) years or more after the date of
birth. One (1) document must be dated within seven (7) years after the date of
birth. (3-15-22)
b. Facts
of parentage must be supported by at least one (1) document. This document may
be one (1) of the documents above other than an affidavit of personal
knowledge. (3-15-22)
07. Documentary Evidence -- Acceptability. (3-15-22)
a. The State Registrar may establish a
priority of best evidence. (3-15-22)
b. Documents presented, such as census,
hospital, church, and school records, must be from independent sources and be
in the form of the original record or a certified copy of the original or a
notarized statement and copy from the custodian of the record or document.
(3-15-22)
c. All documents
submitted in evidence, other than an affidavit of personal knowledge, must have
been established at least ten (10) years prior to the date of application or
have been established prior to the applicant's seventh birthday.
(3-15-22)
d. An affidavit of
personal knowledge, to be acceptable, must be made by a parent of the applicant
or an older person other than a parent, who is over eighteen (18) years of age
and be signed before a notary public. In all cases, the affiant must be at
least ten (10) years older than the applicant and have personal knowledge of
the facts of birth. (3-15-22)
08. Abstraction of Documentary Evidence. (3-15-22)
a. The State
Registrar, or a designated representative, will abstract on the delayed birth
certificate a description of each document submitted to support the facts shown
on the delayed birth certificate. This description will include: (3-15-22)
i. The title or description of the document;
(3-15-22)
ii. The name and address
of the affiant, if the document is an affidavit of personal knowledge, or of
the custodian, if the document is an original or certified copy of a record or
a notarized statement from the custodian; (3-15-22)
iii. The date of the original filing of the
document being abstracted; and (3-15-22)
iv. The information regarding the birth facts
contained in the document. (3-15-22)
b. All documents submitted in support of the
delayed birth registration will be returned to the applicant after review,
provided, however, that the State Registrar may make and keep on file abstracts
or photocopies of any such documents. (3-15-22)
09. Certification by the State Registrar. The State Registrar, or a designated representative, will by signature certify: (3-15-22)
a. That no prior
birth certificate is on file for the person whose birth is to be recorded;
(3-15-22)
b. That the State
Registrar or a designated representative has reviewed the evidence submitted to
establish the facts of birth; and (3-15-22)
c. That the abstract of the evidence
appearing on the delayed birth certificate accurately reflects the nature and
content of the documents. (3-15-22)
10. Dismissal After One Year. Applications for delayed certificates that have not been completed within one (1) year from the date of application may be dismissed at the discretion of the State Registrar. Upon dismissal, the State Registrar will so advise the applicant, and all documents submitted in support of such registration will be returned to the applicant. (3-15-22)
Disclaimer: These regulations may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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