New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter II - Administrative Rules and Regulations
Subchapter A - Vital Records And Personal Information
Part 36 - Delayed Registration Of An Unrecorded Birth
Supporting Documents
Section 36.11 - Proof required in support of application for delayed registration of an unrecorded birth

Universal Citation: 10 NY Comp Codes Rules and Regs § 36.11

Current through Register Vol. 47, No. 12, March 26, 2025

The following supporting proof, or such proof as may in the opinion of the commissioner be considered the equivalent thereof, shall be submitted by an applicant for delayed registration of birth:

(a) Persons under 12 years of age. If the person whose birth it is desired to register is under 12 years of age, the supporting proof shall consist of one document, such as a hospital record of the birth, a baptismal certificate, a church or synagogue record, a school entrance certificate, or a census record, provided that such document shows the name of the person whose birth is to be registered, the date of birth, place of birth and the names of the parents. In the event that such document is not available, the supporting proof may consist of an affidavit by a competent person who has personal knowledge of the date and place of birth and the names of the parents of the person whose birth it is desired to record. If the certificate of birth submitted for delayed registration is signed by a parent, and an affidavit is submitted as supporting proof, such affidavit shall be made by some person outside the immediate family of the person whose birth it is desired to register.

(b) Persons over 12 but under 18 years of age. If the person whose birth it is desired to register is over 12 but under 18 years of age, the application for such delayed registration shall be supported by two written records or certified copies thereof, other than affidavits, made at least five years prior to the date of application, showing the name, date and place of birth and the names of the parents of such person.

(c) Persons over 18 years of age; certificate signed by parent. If the person whose birth it is desired to register is 18 years of age or over, and if the certificate of birth submitted for delayed registration is signed by one of the parents, the application shall be supported by two written records or certified copies thereof, as follows:

(1) At least one of these records shall show the name, date of birth, place of birth, and names of the parents of such person, which record shall have been originally made when the person was a minor upon information furnished by a person other than the person whose birth it is desired to register.

(2) The other written record, not an affidavit, shall have been made at least five years prior to the date of application and shall show the name, the place of birth, the date of birth, and the names of the parents of such person.

(d) Persons over 18 years of age; certificate signed by such person. If the person whose birth it is desired to register is 18 years of age or over, and if the certificate of birth submitted for delayed registration is signed by such person, the application shall be supported by three written records, or certified copies thereof, as follows:

(1) At least one written record shall show the name, date of birth, place of birth, and names of the parents of such person, which record shall have been originally made when the person was a minor upon information furnished by a person other than the person whose birth it is desired to register.

(2) The other two written records shall have been made at least five years prior to the date of application and shall show the name, the place of birth, the date of birth, and the names of the parents of such person; only one of these may be an affidavit by a competent person who was old enough at the time the birth occurred to have personal knowledge of the date and place of birth and the names of the parents.

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