2010 Arkansas Code
Title 20 - Public Health And Welfare
Subtitle 2 - Health And Safety
Chapter 18 - Vital Statistics Act
Subchapter 4 - Births and Adoptions
§ 20-18-403 - Judicial procedure to register birth.

20-18-403. Judicial procedure to register birth.

(a) If the State Registrar of Vital Records refuses to file a certificate of birth under 20-18-401 or 20-18-402, a petition may be filed with a court of competent jurisdiction 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.

(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:

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

(2) That no certificate of birth of the person can be found in the Division of Vital Records of the Department of Health;

(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with 20-18-401 or 20-18-402 and regulations adopted pursuant to 20-18-401 or 20-18-402;

(4) That the state registrar has refused to file a certificate of birth; and

(5) Such other allegations as may be required.

(c) The petition shall be accompanied by a statement of the state registrar made in accordance with 20-18-401 or 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.

(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.

(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.

(f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.