1998 Minnesota Statutes

     144.217 Delayed certificates of birth. 

    Subdivision 1.    Evidence required for filing.  Before 
 a delayed certificate of birth is registered, the person 
 presenting the delayed certificate for registration shall offer 
 evidence of the facts contained in the certificate, as required 
 by the rules of the commissioner. In the absence of the evidence 
 required, the delayed certificate shall not be registered. 

    Subd. 2.    Court petition.  If a delayed certificate 
 of birth is rejected under subdivision 1, a person may petition 
 the appropriate court for 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. The petition shall state: 

    (a) That the person for whom a delayed certificate of birth 
 is sought was born in this state; 

    (b) That no certificate of birth can be found in the office 
 of the state or local registrar; 

    (c) That diligent efforts by the petitioner have failed to 
 obtain the evidence required in subdivision 1; 

    (d) That the state registrar has refused to register a 
 delayed certificate of birth; and 

    (e) Other information as may be required by the court. 

    Subd. 3.    Court order.  The court shall fix a time 
 and place for a hearing on the petition and shall give the state 
 registrar ten days' notice of the hearing.  The state registrar 
 may appear and testify in the proceeding. If the court is 
 satisfied from the evidence received at the hearing of the truth 
 of the statements in the petition, the court shall order the 
 registration of the delayed certificate. 

    Subd. 4.    Filing the order.  A certified copy of the 
 order shall be filed with the state registrar, who shall forward 
 a copy to the local registrar in the district of birth.  
 Certified copies of the order shall be evidence of the truth of 
 their contents and be admissible as birth certificates. 

    HIST: 1978 c 699 s 7