CHAPTER 44:09:02
BIRTH REGISTRATION
Section
44:09:02:01 and 44:09:02:02 Repealed.
44:09:02:03 Who may request delayed birth certificate.
44:09:02:04 Delayed birth certificate form.
44:09:02:05 Facts to be established for delayed birth certificate.
44:09:02:06 Requirements for documents used as evidence for delayed birth certificate.
44:09:02:07 Requirements for filing a delayed birth certificate.
44:09:02:08 Repealed.
44:09:02:09 Insufficient evidence.
44:09:02:10 Certifying to facts on delayed birth certificates.
44:09:02:11 Dismissal of delayed birth application after one year.
44:09:02:12 Late filing of birth certificate.
44:09:02:13 Out-of-institution birth.
44:09:02:01. Transmittal of out-of-wedlock birth records.Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.
44:09:02:02. Foundling registration.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.
44:09:02:03. Who may request delayed birth certificate. Any person born in this state whose birth is not recorded or the person's parent, guardian, or legal representative may request the registration of a delayed certificate of birth from the Department of Health.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-42.
Law Implemented:SDCL 34-25-42.
44:09:02:04. Delayed birth certificate form. Any birth registered pursuant to SDCL 34-25-42 shall be on a delayed birth certificate form prescribed by the Department of Health.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-42.
Law Implemented:SDCL 34-25-42.
44:09:02:05. Facts to be established for delayed birth certificate. The minimum facts for a delayed birth certificate that must be established by documentary evidence are the following:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother; and
(5) The full name of the father. However, if the mother was not married either at the time of conception or birth, the name of the father may not be entered on the delayed certificate unless paternity has been established.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-13.1, 34-25-13.3, 34-25-15, 34-25-42.
44:09:02:06. Requirements for documents used as evidence for delayed birth certificate. Any document presented as evidence for a delayed birth certificate, such as census, hospital, church, and school records, must be in the form of the original record, a certified copy, an authenticated copy, or a signed statement from the custodian of the record or document. An affidavit of personal knowledge may not be used to establish a delayed certificate of birth.
Any document submitted in evidence for any person seven years of age and older must be dated at least seven years before the date of application or within three years after the date of birth. For any person under seven years of age, the document must be dated at least one year before the date of application or within the first year of life.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-42.
Law Implemented:SDCL 34-25-42.
44:09:02:07. Requirements for filing a delayed birth certificate. For a delayed birth certificate to be acceptable for filing, the name of the applicant and the date and place of birth must be supported by a hospital record created at the time of birth or two pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed within seven years after the date of birth; or three pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed seven years or more after the date of birth.
Any parent's name as required in § 44:09:02:05 shall be supported by at least one piece of documentary evidence as specified in § 44:09:02:06.
If documentation cannot be provided as required in this chapter, a delayed birth certificate is acceptable for filing with an order from a court of competent jurisdiction which directs the Department of Health to establish a delayed birth certificate and establishes the facts as follows:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother;
(5) The full name of the father; and
(6) The gender at the time of birth.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
44:09:02:08. Proof of parentage.Repealed.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 26 SDR 89, effective January 9, 2000.
44:09:02:09. Insufficient evidence. If an applicant does not submit the minimum documentation required for a delayed registration of birth or if the Department of Health finds reason to question the validity or adequacy of the certificate or the documentary evidence, the delayed certificate may not be filed. The applicant shall be advised of the denial of the application and the right to an administrative hearing and judicial review.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-42.
Law Implemented:SDCL 34-25-42.
Cross-Reference: Procedure for administrative hearings, SDCL 1-26-16 to 1-26-29.
44:09:02:10. Certifying to facts on delayed birth certificates. Unless the delayed certificate of birth was established by court order, 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 of legal age and is competent to sign. 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; or
(3) The legal representative acting for the registrant.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
44:09:02:11. Dismissal of delayed birth application after one year. The Department of Health may dismiss any application for a delayed birth certificate that has not been completed within one year from the date of application.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-42.
Law Implemented:SDCL 34-25-42.
44:09:02:12. Late filing of birth certificate. A late certificate of birth must be filed on the standard certificate of live birth provided by the Department of Health. Such a certificate may not be marked "Delayed." For a late certificate of birth to be acceptable for filing, the Department of Health may require a hospital record created at the time of birth.
Source: 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority:SDCL 34-25-8.
Law Implemented:SDCL 34-25-8.
44:09:02:13. Out-of-institution birth. If a birth occurs in this state outside a hospital or institution and the birth certificate is filed within one year after birth, a standard certificate of live birth must be completed at the office of the local registrar or at the Department of Health vital records office by the individual responsible for filing the certificate and filed with evidence as follows:
(1) Evidence of pregnancy, as follows:
(a) A prenatal record from a licensed health care provider;
(b) A written statement from a physician or other licensed health care provider qualified to determine pregnancy;
(c) A record of a home visit by a public health nurse or other licensed health care provider; or
(d) Other evidence acceptable to the secretary of health;
(2) Evidence that the infant was born alive, as follows:
(a) A statement from the physician or other licensed health care provider who saw or examined the infant;
(b) An observation of the infant during a home visit by a public health nurse; or
(c) Other evidence acceptable to the secretary of health; and
(3) Evidence of the mother's presence in this state on the date of the birth, as follows:
(a) If the birth occurred in the mother's residence:
(i) A driver's license or a state-issued identification card which includes the mother's current residence on the face of the license or card;
(ii)A rent receipt that includes the mother's name and address;
(iii) Any type of utility, telephone, or other bill that includes the mother's name and address; or
(iv) Other evidence acceptable to the secretary of health;
(b) If the birth occurred outside the mother's place of residence and the mother is a resident of this state:
(i) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and that the premises is located in the state; and
(ii)Evidence of the mother's residence in the state similar to that required in subdivision (3)(a) of this section; or
(c) If the mother is not a resident of this state, clear and convincing evidence that the birth occurred in this state.
Source: 24 SDR 60, effective November 13, 1997.
General Authority:SDCL 34-25-9.1.
Law Implemented:SDCL 34-25-9.1.
