North Dakota Code 23-02.1-15 – Delayed registration of birth
1. If the birth of an individual born in this state has not been registered, a birth record may be filed in accordance with the regulations of the department of health and human services. The birth record must be registered subject to such evidentiary requirements as the department of health and human services shall prescribe to substantiate the alleged facts of birth.
Terms Used In North Dakota Code 23-02.1-15
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Individual: means a human being. See North Dakota Code 1-01-49
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- year: means twelve consecutive months. See North Dakota Code 1-01-33
2. A birth record registered one year or more after the date of occurrence must be marked “delayed” and show on the face of the birth record the date of delayed registration.
3. A summary statement of the evidence submitted in support of the delayed registration must be endorsed on the birth record.
4. a. If an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar finds reason to question the validity or adequacy of the birth record or documentary evidence, the state registrar may not register the delayed birth record and shall advise the applicant of the reasons for this action. If the deficiencies are not corrected, the state registrar shall advise the applicant of the right of appeal to a court of competent jurisdiction for a judicial determination of the birth facts.
b. The department of health and human services by regulation may provide for the dismissal of an application that is more than one year old and is not being actively pursued.
5. A report of live birth may not be registered for a deceased individual one year or more after that individual’s date of birth.