2006 Code of Virginia § 32.1-260 - Petition for court order establishing record of birth when delayed certificate rejected; hearing; n...

32.1-260. Petition for court order establishing record of birth whendelayed certificate rejected; hearing; notice; findings; registration ofcourt order.

A. If a delayed certificate of birth is rejected under the provisions of 32.1-259, a petition for an order establishing a record of the date and placeof the birth and the parentage of the person whose birth is to be registeredmay be filed with the circuit court of the county or city in which the personresides; or if the person is a citizen of this Commonwealth without a fixedresidence or a resident of another state, the petition may be to the circuitcourt of the county or city in which such person's birth occurred. In case ofa minor who has no parent or guardian, the application may be made by hisnext friend.

B. Such petition shall allege:

1. That the person for whom a delayed certificate of birth is sought was bornin this Commonwealth;

2. That no record of birth of such person can be found in the records of theState Registrar or the county or city registrar;

3. That diligent efforts by the petitioner have failed to obtain the evidencerequired by regulations pursuant to 32.1-259; and

4. That the State Registrar has refused to register a delayed certificate ofbirth; and

5. Such other allegations as may be required.

C. The petition shall be accompanied by the notice of the State Registrarmade in accordance with subdivision D 1 of 32.1-259 and all documentaryevidence which was submitted to the State Registrar in support of suchregistration.

D. The court shall fix a time and place for hearing the petition and thepetitioner shall give the State Registrar five days' notice of said hearing.The State Registrar, or his authorized representative, may appear and testifyin the proceeding.

E. If the court finds from the evidence presented that the person for whom adelayed certificate of birth is sought was born in this Commonwealth, itshall make findings as to the place and date of birth, parentage, and suchother findings as may be required and shall issue an order to establish arecord of birth on a form furnished by the State Registrar. This order shallinclude the birth data to be registered, a description of the evidencepresented in the manner prescribed by 32.1-259, and the date of the court'saction.

F. The clerk of court shall forward each such form to the State Registrar notlater than the tenth day of the calendar month following the month in whichthe order was entered. Such form shall be registered by the State Registrarand shall constitute the certificate of birth, from which certifications maybe issued in accordance with 32.1-272.

(Code 1950, 32-353.18; 1954, c. 201; 1956, c. 260; 1960, c. 451; 1979, c.711; 1983, c. 240.)