Will a delay in applying for my son's birth certificate cause legal issues?

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:

According to Alabama law (Code of Ala. § 22-9A-9), you can obtain a delayed birth certificate for your son since he is now 13 years old. Typically, parents must apply for a birth certificate within five days of a child's birth (Code of Ala. § 22-9A-7). However, since your son is older than five years, you fall under the third time frame for delayed registration.

Here’s what you need to know about the process:

  1. Delayed birth certificates can be filed for living persons born in Alabama whose births were not recorded. You or someone with personal knowledge of the birth can apply.
  2. The application must be made using a delayed certificate of birth form prescribed by the State Registrar, which will indicate the date of delayed registration.
  3. You need to provide at least three pieces of documentary evidence to support the application, showing:
    • Your son's full name at birth.
    • The date and place of birth.
    • The full maiden name of the mother.
    • The full name of the father, if applicable.
  4. Documents must be from independent sources, and at least one must be a certified copy or original record. An affidavit of personal knowledge can be included but is limited to one.
  5. All documents must have been established at least five years before applying or before your son's tenth birthday.

In summary, while there is a delay in obtaining the birth certificate, it should not cause legal issues as long as you follow the proper procedures outlined in the law.

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.

FAQs

A delayed birth certificate is an official document issued for individuals whose births were not recorded within the standard timeframe. In Alabama, parents can apply for one if the birth was not registered within five days of the child's birth. This process allows for the legal recognition of the birth after the fact, provided that sufficient evidence is submitted to support the application.