Full question:
I run a construction company and we just moved from Alabama to North Carolina because my company received a contract for a series of large-scale projects that will take at least 12 years to complete. When I tried to get my son enrolled in a private school, they required us to produce his birth certificate for completing the process. Up until now, we never thought about getting his birth certificate. He turned 13 this year. My parents are still in Alabama and can help out with the procedure. Will the delay in applying for the certificate cause any legal issues?
- Category: Paternity
- Date:
- State: Alabama
Answer:
Code of Ala. § 22-9A-9 provides the provisions relating to obtaining a delayed birth certificate for a child that was born in the state of Alabama. Typically, per Code of Ala. § 22-9A-7, the parents of the child are to apply for the birth certificate within 5 days after the birth of the child. It reads:“(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Office of Vital Statistics, or as otherwise directed by the State Registrar, within five days after the birth and shall be registered if it has been completed and filed in accordance with this section.
***”
Code of Ala. § 22-9A-9 categorizes the delay in obtaining into three time frames and provides different guidelines for each time frame. The time frames are as follows:***”
1. Within a period of one year, from the date of birth of the child.
2. Between one year and five years, from the date of birth of the child.
3. Beyond five years, from the date of birth of the child.
2. Between one year and five years, from the date of birth of the child.
3. Beyond five years, from the date of birth of the child.
The relevant time frame in the given case is the third time frame as the child is 13 years old. Clause (3) of the Code of Ala. § 22-9A-9 is the applicable provision in this case which lays down the procedure for obtaining the birth certificate of the child. It reads:
“***
(3) Certificates of birth filed five years or more after the date of birth may be filed for living persons and shall be made on a delayed certificate of birth form prescribed by the State Registrar and shall show on their face the date of the delayed registration. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
a. Any living person born in this state whose birth is not recorded in this state, or his or her parent, guardian, next of kin, or older person acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to this section and instructions issued by the State Registrar.
b. Each delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered, if the person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated in the certificate; otherwise, the certificate shall be signed and sworn to by one of the following in the indicated order of priority:
1. One of the parents of the registrant.
2. The guardian of the registrant.
3. The next of kin of the registrant.
4. Any older person having personal knowledge of the facts of birth.
c. The minimum facts that shall be established by documentary evidence shall be each of the following:
1. The full name of the person at the time of birth.
2. The date of birth and place of birth.
3. The full maiden name of the mother.
4. The full name of the father, except that if the mother was not married either at the time of conception or birth, the name of the father shall not be entered on the delayed certificate.
d. To be acceptable for filing, the name of the registrant and the date and place of birth entered on a delayed certificate of birth shall be supported by at least three pieces of documentary evidence, only one of which may be an affidavit of personal knowledge. Facts of parentage shall be supported by at least one document which may be one of the documents described above other than an affidavit of personal knowledge. All documents submitted in support of the delayed birth registration shall be returned to the applicant.
e. Documents presented shall be from independent sources and shall be in the form of the original record or a duly certified copy or excerpt thereof from the custodian of the records or documents. All documents submitted in evidence, other than an affidavit of personal knowledge, shall have been established at least five years prior to the date of application or have been established prior to the tenth birthday of the applicant. An affidavit of personal knowledge, to be acceptable, shall be prepared by one of the parents, other relative, or any older person, and shall be signed before an official authorized to administer oaths. In all cases, the affiant shall be at least 10 years older than the applicant and have personal knowledge of the facts of birth.
***”
(3) Certificates of birth filed five years or more after the date of birth may be filed for living persons and shall be made on a delayed certificate of birth form prescribed by the State Registrar and shall show on their face the date of the delayed registration. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
a. Any living person born in this state whose birth is not recorded in this state, or his or her parent, guardian, next of kin, or older person acting for the registrant and having personal knowledge of the facts of birth may request the registration of a delayed certificate of birth, subject to this section and instructions issued by the State Registrar.
b. Each delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered, if the person is 18 years of age or over and is competent to sign and swear to the accuracy of the facts stated in the certificate; otherwise, the certificate shall be signed and sworn to by one of the following in the indicated order of priority:
1. One of the parents of the registrant.
2. The guardian of the registrant.
3. The next of kin of the registrant.
4. Any older person having personal knowledge of the facts of birth.
c. The minimum facts that shall be established by documentary evidence shall be each of the following:
1. The full name of the person at the time of birth.
2. The date of birth and place of birth.
3. The full maiden name of the mother.
4. The full name of the father, except that if the mother was not married either at the time of conception or birth, the name of the father shall not be entered on the delayed certificate.
d. To be acceptable for filing, the name of the registrant and the date and place of birth entered on a delayed certificate of birth shall be supported by at least three pieces of documentary evidence, only one of which may be an affidavit of personal knowledge. Facts of parentage shall be supported by at least one document which may be one of the documents described above other than an affidavit of personal knowledge. All documents submitted in support of the delayed birth registration shall be returned to the applicant.
e. Documents presented shall be from independent sources and shall be in the form of the original record or a duly certified copy or excerpt thereof from the custodian of the records or documents. All documents submitted in evidence, other than an affidavit of personal knowledge, shall have been established at least five years prior to the date of application or have been established prior to the tenth birthday of the applicant. An affidavit of personal knowledge, to be acceptable, shall be prepared by one of the parents, other relative, or any older person, and shall be signed before an official authorized to administer oaths. In all cases, the affiant shall be at least 10 years older than the applicant and have personal knowledge of the facts of birth.
***”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
