Current through Register Vol. 47, No. 6, September 18, 2024
All Iowa births registered one year or more after the date of
the birth shall be prepared on a Delayed Certificate of Live Birth form. The
state registrar shall require documentary evidence to prove the facts of the
birth pursuant to subrule 96.18(2). The delayed birth record shall be
registered and maintained solely at the state registrar's office.
(1)
Application
-certificate form. A completed Delayed Certificate of Live
Birth form shall be signed before a notary and filed with the state registrar
by the following applicants in the indicated order of priority:
a. The registrant, if 18 years of age or
older, whose birth occurred in Iowa but was not recorded within one year of the
birth;
b. The registrant's parent
or current legal court-appointed guardian; or
c. If no parent or legal guardian exists, a
member of the registrant's family who has direct tangible interest and
entitlement and who is competent to affirm to the accuracy of the
information.
(2)
Facts to be established.
a.
The applicant shall submit a notification of record search certified by the
state registrar, which shall indicate that no prior certificate of live birth
is on file for the person whose delayed birth record is to be filed. The
notification of record search shall be returned to the applicant and shall not
be exchanged for a certified copy of delayed certificate of live
birth.
b. The applicant shall
substantiate the following with documentary evidence:
(1) The full name of the registrant at the
time of the birth, except that the delayed certificate may reflect the name
established by adoption or legitimation when such evidence is
submitted;
(2) The date and place
of the birth;
(3) The full name of
the mother prior to any marriage as it is listed on her birth
certificate;
(4) The full name of
the mother at the time of the birth; and
(5) The full name of the mother's legal
spouse. However, if the mother was not married at the time of conception or
birth or at any time during the period between conception and birth, the name
of a second parent shall not be entered on the delayed certificate unless the
child has been adopted or legitimated or parentage has been determined by a
court of competent jurisdiction.
(3)
Documentary evidence.
a. To be acceptable for purposes of
registration, the name of the registrant and the date and place of birth
entered on a Delayed Certificate of Live Birth form shall be supported at a
minimum by the following documentary evidence:
(1) Two pieces of dated documentary evidence
if the Delayed Certificate of Live Birth form is filed within seven years after
the registrant's date of birth; or
(2) Three pieces of dated documentary
evidence if the Delayed Certificate of Live Birth form is filed seven years or
more after the registrant's date of birth.
b. Each piece of documentary evidence must be
from an independent source. Facts of parentage shall be supported by at least
one of the documents.
c.
Documentary evidence shall be in the form of the original record, a certified
copy thereof, or a notarized statement from the custodian of the record or
document on the custodian's letterhead.
d. All documentary evidence submitted shall
consistently support the facts of birth to be established.
e. All documentary evidence shall have been
executed at least five years prior to the date of filing or shall have been
established prior to the registrant's seventh birthday.
f.Documents not acceptable to establish a delayed certificate
of live birth include, but are not limited to:
(1) Baptismal record,
(2) Confirmation record,
(3) Family bible entries,
(4) Hospital commemorative birth
certificate,
(5) Crib
card,
(6) Cradle roll,
(7) Baby book memento, and
(8) Personal affidavit.
(4)
Abstraction and
certification by the state registrar. The state registrar shall
abstract on the Delayed Certificate of Live Birth form a description of each
document submitted to support the facts of birth. This description shall
include:
a. The title or description of the
document;
b. The name and address
of the custodian who has attested to the fact on the original documents in the
custodian's custody;
c. The date of
the original filing of the document being abstracted; and
d. The information regarding the registrant's
birth and parentage.
(5)
Acceptance of documentary evidence for registration.
a. The state registrar shall by signature
certify that:
(1) No prior certificate of live
birth is on file for the person whose birth is to be recorded;
(2) The evidence has been reviewed and
substantiates the alleged facts of the birth; and
(3) The abstract of the evidence appearing on
the Delayed Certificate of Live Birth form accurately reflects the nature and
content of the documents.
b. All documents submitted in support of the
delayed registration of live birth shall be returned to the applicant after
review, abstraction, and registration.
(6)
Denial of registration.
a. When the applicant does not submit
substantiating evidence or the state registrar finds reason to question the
validity or adequacy of the evidence submitted to establish a delayed
certificate of live birth, the state registrar shall not register the delayed
certificate of live birth. The written notice of refusal from the state
registrar shall include:
(1) The rejected
form;
(2) The Delayed Birth
Evidence Refusal form; and
(3)
Information related to the applicant's right of appeal to the district court
pursuant to Iowa Code sections
144.17
and
144.18.
b. The application to establish a
delayed certificate of live birth shall be dismissed if not actively pursued
within six months of the date the notice of refusal was sent to the
applicant.
(7)
Duties of the county registrar. The county registrar may
assist the registrant, registrant's parent, or current court-appointed guardian
in the completion and notarization of the delayed form, excluding the portion
restricted for state use only. The county registrar may forward the form,
documents and fees to the state registrar for final review and possible
acceptance.
(8)
Fees. Administrative and certified copy fees shall be charged
as provided in rule
641-95.6 (144).
