Full question:
We were planning on a family trip during Christmas this year. I had filed an application to procure my 6 years old son’s birth certificate in order to apply for a passport. We had to submit a lot of additional documents along with the application. The state registrar has now rejected our application. What do I do not obtain my son’s certificate of birth?
- Category: Paternity
- Date:
- State: Alabama
Answer:
According to Code of Ala. § 22-9A-9, when applying for a birth certificate, the registrar can request documents to verify the information. If the documents are not complete, the registrar may reject the application. In this case, Code of Ala. § 22-9A-10 allows you to seek legal recourse through the circuit court.
To proceed, you can file a petition with the circuit court in the county where you or your child was born. This petition must include:
- That your child was born in Alabama.
- That no birth certificate can be found in the Office of Vital Statistics.
- That you have made diligent efforts to obtain the required evidence.
- That the State Registrar has refused to register a delayed birth certificate.
- Any other necessary allegations.
Include a statement from the State Registrar and all documents you submitted. The court will schedule a hearing and notify the State Registrar. They can appear to testify or provide evidence by affidavit.
If the court finds that your child was born in Alabama, it will issue an order to establish a birth certificate, including details such as your child's name, date and place of birth, and parentage. The court clerk will send this order to the State Registrar, who will then register it as a delayed birth certificate.
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.