# Title 33 — State Department of Health

## Article 33-04 — Health Statistics

## Chapter 33-04-06 — Delayed Registration of Births

### § 33-04-06-01. Registration - Seven days to one year.

Records of birth filed after seven days, but within one year from the date of birth, shall be registered
using the electronic birth registration system in the manner prescribed in North Dakota Century Code
section 23-02.1-13. Such records shall not be marked "delayed".
If the record is signed by someone other than the attendant, a notarized statement setting forth the
reason therefore must accompany the record. The state registrar may require additional evidence in
support of the facts of birth or an explanation for the delay in filing.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-02. Delayed record of birth form.

All records registered one year or more after the date of the birth are to be registered on a form
prescribed by the state registrar.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-03. Who may request the registration of and sign a delayed record of birth.

Any person born in this state whose birth is not recorded in this state, or the person's parent,
guardian, next of kin, or an authorized representative may request the registration of a delayed record
of birth, subject to these rules and instructions issued by the state registrar.
Each delayed record 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 such person is of legal age and is
competent to sign and swear to the accuracy of the facts stated therein; otherwise the record 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. An authorized representative.

History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-04. Facts to be established for a delayed registration of birth.

The minimum facts which must be established by documentary evidence shall be all of the
following:
1. The full name of the person at the time of birth.
2. The date of birth and the place of the birth.
3. The full maiden name of the mother.
4. The full name of the father; except that if the mother was not married to the father of the child
either at the time of conception or birth, the name of the father shall not be entered on the
delayed record unless otherwise determined in a court paternity action, or unless an
acknowledgment of paternity signed by both parents is received stating the surname of the
child to be the legal surname of the mother or father.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-05. Delayed registration following a legal change of status.

When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity
determination, or acknowledgment of paternity, a new delayed record may be established to reflect
such changes.
The existing record and evidence upon which the new record was based shall be placed in a
special file. Such files shall not be open to inspection except upon order of a court of competent
jurisdiction or by the state registrar for purposes of properly administering the vital records registration
program.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-06. Documentary evidence - Requirements.

To be acceptable for filing, the name of the registrant and date and place of birth entered on the
delayed record of birth shall be supported by at least:
1. Two pieces of documentary evidence, only one of which may be an affidavit of personal
knowledge, if the record is filed within seven years after the date of birth.
2. Three pieces of documentary evidence, only one of which may be an affidavit of personal
knowledge, if the record is filed seven years or more after the date of birth.
Facts of parentage need be supported by only one document which may be one of the documents
above other than the affidavit of personal knowledge.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15

### § 33-04-06-07. Documentary evidence - Acceptability.

The state registrar may establish a priority of best evidence.
All documents submitted in evidence, other than an affidavit of personal knowledge, must have
been established at least ten years prior to the date of application and at least one of those documents
must have been established prior to the applicant's tenth birthday.
An affidavit of personal knowledge, to be acceptable, must be prepared by one of the parents, the
next of kin, or any older person and must be signed before an official authorized to administer oaths.
The affiant must be at least ten years older than the applicant, except that if the affiant is a member of
the applicant's immediate family, the affiant need only be at least four years older than the applicant,
and have personal knowledge of the facts of birth.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-08. Abstraction of documentary evidence.

The state registrar, or the state registrar's designated representative, shall abstract on the delayed
record of birth a description of each document submitted to support the facts shown on the delayed
birth record. The description shall include:
1. The title or description of the document.
2. The name and address of the affiant, if the document is an affidavit of personal knowledge, or
of the custodian, if the document is an original or certified copy of a record or signed
statement.
3. The date of the original filing of the document being abstracted.
4. The information regarding the birth facts contained within the document.
All documents submitted in support of the delayed birth registration shall be returned to the applicant
after review and abstraction.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-15
### § 33-04-06-09. Certification by the state registrar.

The state registrar, or the state registrar's designated representative, shall, by the state registrar's
signature, certify:
1. That no prior birth record is on file for the person whose birth is to be recorded.
2. That the state registrar has reviewed the evidence submitted to establish the facts of birth.
3. That the abstract of the evidence appearing on the delayed record of birth accurately reflects
the nature and the content of the document.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04

### § 33-04-06-10. Dismissal after two years.

Applications for delayed records of birth which have not been completed within two years from the
date of application may be dismissed at the discretion of the state registrar.
History: Amended effective January 1, 2008.
General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-04
