(a) When a certificate of birth of a person born in
this state has not been registered before the one-year anniversary
of the date of birth, a delayed certificate of birth may be submitted
in accordance with regulations of the Vital Statistics Unit. No delayed
certificate of birth shall be registered until the evidentiary requirements
as specified in regulation have been met.
(b) A certificate of birth submitted under this section
shall be marked "Delayed" and show the date of registration. The delayed
certificate of birth shall contain a summary statement of the evidence
submitted in support of the delayed registration. Probate records
and delayed records may not be abstracted.
(c) An application to file a delayed certificate of
birth for a birth in this state not registered before the one-year
anniversary of the date of birth shall be made to the State Registrar.
(d) No delayed certificate of birth shall be registered
for a deceased person.
(e) When an applicant as defined by regulation does
not submit the minimum documentation required in the regulations for
delayed registration or when the State Registrar has cause to question
the validity or adequacy of the applicant's (sworn, notarized, witnessed)
statement or the documentary evidence, and if the deficiencies are
not corrected, the State Registrar shall not register the delayed
certificate of birth. The State Registrar shall advise the applicant
of the reasons for this action, and shall further advise the applicant
of his or her right to file a petition in the county probate court
of the county in which the birth occurred for an order establishing
a record of the person's date of birth, place of birth, and parentage.
(f) The State Registrar may provide for the dismissal
of an application that is not actively pursued.
Source Note: The provisions of this §181.60 adopted to be effective August 11, 2013, 38 TexReg 4896