Before a delayed record of birth is registered, the person presenting the delayed vital record for registration shall offer evidence of the facts contained in the vital record, as required by the rules of the commissioner. In the absence of the evidence required, the delayed vital record shall not be registered. No delayed record of birth shall be registered for a deceased person.
If a delayed record of birth is rejected under subdivision 1, a person may petition the appropriate court in the county in which the birth allegedly occurred 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:
(1) that the person for whom a delayed record of birth is sought was born in this state;
(2) that no record of birth can be found in the Office of Vital Records;
(3) that diligent efforts by the petitioner have failed to obtain the evidence required in subdivision 1;
(4) that the state registrar has refused to register a delayed record of birth; and
(5) other information as may be required by the court.
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 vital record.
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