44:09:02:07Requirements

for filing a delayed birth certificate. For a delayed birth certificate to be acceptable for filing, the name of the applicant and the date and place of birth must be supported by a hospital record created at the time of birth or two pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed within seven years after the date of birth; or three pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed seven years or more after the date of birth. Any parent's name as required in § 44:09:02:05 shall be supported by at least one piece of documentary evidence as specified in § 44:09:02:06. If documentation cannot be provided as required in this chapter, a delayed birth certificate is acceptable for filing with an order from a court of competent jurisdiction which directs the Department of Health to establish a delayed birth certificate and establishes the facts as follows: (1) The full name of the person at the time of birth; (2) The month, day, and year of birth; (3) The state where the birth occurred; (4) The full maiden name of the mother; (5) The full name of the father; and (6) The gender at the time of birth.

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.