36-333.02. Delayed birth certificate registration

A. If a birth certificate of a person who is born in this state is not registered within one year after the date of birth, a person authorized by this chapter may submit to the state registrar information and evidentiary documents that support the creation and registration of a delayed birth certificate.

B. The state registrar may waive the information and evidentiary document requirements in subsection A of this section for a birth that occurred before 1970.

C. The state registrar shall create a delayed birth certificate that includes a listing of the information and evidentiary documents submitted pursuant to subsection A of this section.

D. The state registrar shall register a delayed birth certificate if the information and evidentiary documents are accurate and complete, support the creation and registration of the delayed birth certificate and are submitted pursuant to this chapter and rules adopted pursuant to this chapter.

E. If the state registrar determines that the information and evidentiary documents are not accurate and complete or do not support the creation and registration of the delayed birth certificate, the state registrar shall not create and register the delayed birth certificate, shall notify the person requesting a delayed birth certificate of the reasons for not creating and registering the delayed birth certificate and shall advise the person requesting a delayed birth certificate of that person's right to petition for a court order pursuant to section 36-333.03.

F. The state registrar shall establish documentation requirements for Native Americans who were born before 1970 and who are requesting delayed birth certificates. If a requesting party presents documents that do not meet the documentation requirements established by the state registrar, the director shall review the documents submitted and determine whether to create and register a delayed birth certificate.