SECTION 310:105-3-2. Delayed birth certificates

(a)   When delayed birth certificate required. If a live birth is not registered before the person has reached or passed his first birthday, the birth shall be registered on the delayed certificate of birth form.

(b)   Facts to be established. In filing a delayed registration of birth, the facts of the date and place of birth along with the parentage of birth shall be established.

(c)   Evidence required.

(1)   Age one year to ten years. For a registrant who has reached or passed his first birthday but has not reached his tenth birthday, the facts of birth shall be established by two records, one of which may be an affidavit signed by a parent or guardian and the other an affidavit signed by the health care provider. If the birth was not attended by a health care provider, a record of the birth made at or near the birth may be used as the second record to establish the facts of the birth. If no record of the birth can be produced, the Department shall investigate the facts of the birth before accepting the delayed birth certificate for registration.

(2)   Older than ten years. For the registrant who has reached or passed his tenth birthday, the facts of birth shall be established by three (3) records, each from a different and independent source. To be acceptable as proof the records must have been made ten (10) years or more prior to the filing of the certificate, with the exception of the affidavit, and must contain information about the registrant to support the facts shown on the delayed certificate. An affidavit of personal knowledge may be used as one, but only one, of the three records of proof. All three records shall indicate the name of the registrant, the correct birth date or age of registrant, and at least two of the records shall reflect the birthplace of the registrant to be Oklahoma, and one of the records shall indicate the parentage as claimed by the registrant.

(3)   Signature. The registrant or his parent, if a minor at the time of application, shall sign the affidavit on the face of the delayed birth certificate form before a Notary Public attesting to the authenticity of the information as set forth on the face of the form. In those instances where the registrant is unable to sign his name, he shall make his mark and two witnesses shall sign verifying the same, all before a Notary Public.

(4)   Investigation. The Commissioner may investigate the facts of any birth for which a delayed birth certificate is filed. No copies of the registration shall be made until the Commissioner is satisfied that the facts as listed in the registration can be adequately established.

(5)   Unacceptable application. A delayed birth certificate form shall not be registered and no copies shall be issued when it is known that the registrant is deceased.

(6)   Fraudulent application. At any time the State Commissioner of Health or the State Registrar of Vital Statistics finds that a delayed certificate of birth has been established by using fraudulent documents or affidavits, the Commissioner or State Registrar shall "void" such certificate by stamping the face of said certificate "void".

(7)   Duplicate certificates. In those instances where it is found that a registrant has filed a delayed certificate of birth and also has another certificate of birth already on file, the Commissioner or State Registrar shall "void" the delayed certificate filed most recently by stamping the face of said certificate as "void".

(8)   Copies of voided certificates. In instances where certificates have been voided, certified copies shall not be issued.

(9)   Amendments. Delayed certificates of birth shall not be amended except in cases of judicial determination of parentage.

[Source: Amended at 17 Ok Reg 2924, eff 7-13-00]