Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Delayed registration.
For a person born in Minnesota whose birth is not recorded,
the registrant age 18 or older, parent, guardian, or legal representative who
demonstrates tangible interest may file with a registrar documentation of birth
for a delayed registration of birth. The person filing the documentation of
birth must use a form prescribed by the state registrar and provide a certified
statement that a birth record is not on file in Minnesota. In addition to
meeting the requirements of part
4601.0600, subpart
4, documentation of birth for
a delayed registration must meet the requirements of this part.
Subp. 2.
Verification by
registrar.
Before registering the birth record, the registrar must
ensure that no prior birth record is registered for the person whose birth is
to be registered.
Subp. 3.
Delayed registration within seven years of birth.
To file documentation of birth for a delayed registration of
birth within seven years of the birth:
A. A person filing the documentation must
provide the information required under part
4601.0600, subpart
4.
B. For a birth that occurred in or en route
to an institution, the person filing the documentation must provide:
(1) a notarized statement from the person in
charge of the institution where the birth occurred or that person's designee
responsible for filing documentation of birth for the institution,
substantiating the fact of birth and documenting the reason for the delay in
filing the documentation of birth; or
(2) a notarized statement from the physician,
certified nurse midwife, or other person who attended the birth, substantiating
the fact of birth and documenting the reason for the delay in filing the
documentation of birth.
C. For a birth that did not occur in or en
route to an institution or if the institution cannot substantiate the fact of
birth information, documentation must include:
(1) the additional evidence required under
part
4601.0600, subpart 6;
(2) a document substantiating the
registrant's name, date of birth, name of the mother, and name of the father if
the parents were married or if paternity is legally established; and
(3) a notarized statement as described in
part
4601.0600, subpart 6, item B,
subitem (1).
D. A
document submitted must meet the requirements of part
4601.1100, subpart
1.
E. If a registrar determines that the
documentation of birth meets the requirements of this part, the registrar must
register the birth.
F. If a local
registrar determines that the documentation of birth does not meet the
requirements of this part, the local registrar must notify the person who
presented the information of the reasons the information or evidence presented
does not meet the requirements. The local registrar must notify the person of
the option to file documentation of birth with the state registrar.
G. If the state registrar determines that the
documentation of birth does not meet the requirements of this part, the state
registrar must notify the person who presented the information of the reasons
the information or evidence presented does not meet the requirements. The state
registrar must notify the person of the right to petition a court to establish
the record according to Minnesota Statutes, section
144.217,
subdivision 2.
Subp. 4.
Delayed registration seven or more years after birth.
To file documentation of birth for a delayed registration of
birth seven or more years after the birth:
A. A person filing documentation of birth
must provide the information required under part
4601.0600, subpart
4.
B. The person filing documentation of birth
must provide evidence of:
(1) the name of the
person at the time of birth;
(2)
the date and place of birth;
(3)
the name of the mother; and
(4) the
name of the father if the parents were married or if paternity is legally
established.
C. The
following documentation is required:
(1) at
least two documents to support the registrant's name, date, and place of birth.
If the earliest document presented to substantiate the date or place of birth
was established more than seven years after birth, one additional document is
required; and
(2) a document to
support the facts of parentage.
D. All documents submitted must meet the
requirements of part
4601.1100, subpart
1.
E. If a registrar determines that the
documentation of birth meets the requirements of this part, the registrar must
register the birth.
F. If a local
registrar determines that the documentation of birth does not meet the
requirements of this part, the local registrar must notify the person who
presented the information of the reasons the information or evidence presented
does not meet the requirements. The local registrar must notify the person of
the option to file documentation of birth with the state registrar.
G. If the state registrar determines that the
documentation of birth does not meet the requirements of this part, the state
registrar must notify the person who presented the information of the reasons
the information or evidence presented does not meet the requirements. The state
registrar must notify the person of the right to petition a court to establish
the record according to Minnesota Statutes, section
144.217,
subdivision 2.