§ 35-1-415 — Judicial procedure to establish facts of birth

(a) If a delayed certificate of birth is rejected under
the provisions of this act, 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. The petition shall be made on a
form prescribed and furnished by the state registrar of vital
records and shall allege:
(i) The person for whom a delayed certificate of
birth is sought was born in this state;
(ii) No record of birth of such person can be found
in the office of the state or local custodian of birth records;
(iii) Diligent efforts by the petitioner have failed
to obtain the evidence required in accordance with this act;
(iv) The state registrar of vital records has refused
to register a delayed certificate of birth; and
(v) Such other allegations as may be required.
(b) The petition shall be accompanied by a statement of
the registration official made in accordance with this act and
all documentary evidence which was submitted to the registration
official in support of registration. The petition shall be sworn
to by the petitioner.
(c) The court shall fix a time and place for hearing the
petition and shall give the registration official who refused to
register the petitioner's delayed certificate of birth
appropriate notice of the hearing. Such official, or his
authorized representative, may appear and testify in the
proceeding.
(d) If the court from the evidence presented finds that
the person for whom a delayed certificate of birth is sought was
born in this state, it shall make findings as to the place and
date of birth, parentage and such other findings as the case may
require, and shall issue an order on a form prescribed and
furnished by the state registrar of vital records to establish a
record of birth. This order shall include the birth data to be
registered, a description of the evidence presented in the
manner prescribed by this act, and the date of the court's
action.
(e) The clerks of courts of competent jurisdiction shall
forward a certified copy of the order to the state registrar of
vital records 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 of vital records and shall
constitute the record of birth, from which copies may be issued
in accordance with this act.