Utah Code 26B-8-109. Birth certificates — Petition for issuance of delayed certificate — Court procedure
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(1)
Terms Used In Utah Code 26B-8-109
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - 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.
- Local registrar: means a person appointed under Subsection 26B-8-102(3)(b). See Utah Code 26B-8-101
- Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
- Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- register: means acceptance by the local or state registrar of a certificate and incorporation of the certificate into the permanent records of the state. See Utah Code 26B-8-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
- Vital statistics: means the data derived from registered certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, dissolution of marriage, or annulment. See Utah Code 26B-8-101
(1)(a) If registration of a certificate of birth under Section 26B-8-108 is denied, the person seeking registration may bring an action by a verified petition in the Utah court encompassing where the petitioner resides or in the district encompassing Salt Lake City.(1)(b) The petition shall request an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(2) The petition shall be on a form furnished by the state registrar and shall allege:
(2)(a) the person for whom registration of a delayed certificate is sought was born in this state and is still living;
(2)(b) no registered certificate of birth of the person can be found in the state office of vital statistics or the office of any local registrar;
(2)(c) diligent efforts by the petitioner have failed to obtain the evidence required by department rule; and
(2)(d) the state registrar has denied the petitioner’s request to register a delayed certificate of birth.
(3) The petition shall be accompanied by a written statement of the state registrar indicating the reasons for denial of registration and all documentary evidence which was submitted in support of registration.
(4) The court shall fix a time and place for hearing the petition and shall give the state registrar 15 days’ notice of the hearing. The state registrar or his authorized representative may appear and testify at the hearing.
(5)
(5)(a) If the court finds the person for whom registration of a certificate of birth is sought under Section 26B-8-108 was born in this state, it shall make findings as to the place and date of birth, parentage, and other findings as may be required and shall issue an order, on a form prescribed and furnished by the state registrar, to establish a court-ordered delayed certificate of birth.
(5)(b) The order shall include the birth data to be registered, a description of the evidence presented, and the date of the court’s action.
(5)(c) The clerk of the court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which the order was entered.
(5)(d) The order described in Subsection (5)(a) shall be registered by the state registrar and constitutes the certificate of birth.