General Assembly Raised Bill No. 5241
February Session, 2012 LCO No. 955
*00955_______PH_*
Referred to Committee on Public Health
Introduced by:
(PH)
General Assembly
Raised Bill No. 5241
February Session, 2012
LCO No. 955
*00955_______PH_*
Referred to Committee on Public Health
Introduced by:
(PH)
AN ACT CONCERNING DELAYED BIRTH REGISTRATION.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 7-57 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
(a) Any adult or the parent or legal guardian [of the person] of any minor who is one year of age or older, for whose birth no certificate is on file, may request a delayed registration of birth by making, under oath, an affidavit, with two other persons having first hand knowledge of the facts [, make, under oath, an affidavit as to the matters required to be set forth in a birth certificate under the provisions of section 7-48] relating to such birth in the manner and form prescribed by the commissioner, and [file the same in the office of the registrar of vital statistics of the town in which such birth occurred. Such registrar] submitting such affidavits to the department. An adult, parent or legal guardian requesting a delayed registration of birth shall also submit to the department documentary evidence of the name, date and place of birth of the person for whom a delayed registration of birth is requested. Such documentary evidence shall be sufficient to enable the department to determine that the birth did, in fact, occur on the date and at the place alleged by the adult, parent or legal guardian making the request. If the department determines that the evidence submitted is sufficient to determine the facts of the birth, the department shall [thereupon] prepare a birth certificate based upon the information contained in [such affidavit and file the same with such affidavit in the same manner as any other birth certificate, including filing] the affidavits and other documentary evidence submitted to the department. The department shall transmit a copy of such certificate [with the department] to the registrar of the town where the birth occurred and to the registrar of the town where the minor's mother resided at the time of birth.
(b) If the adult, parent or legal guardian making the request for a delayed registration of birth is unable to furnish an affidavit and documentary evidence of the birth that is satisfactory to the [registrar of such town] department, such adult, [or] parent or legal guardian may apply to the court of probate for the district where such birth occurred for an order requiring [such] the registrar to prepare a certificate of birth of such adult or such minor. [containing the matters so required to be set forth.] Such court shall, with [or without] notice and hearing, [ascertain the facts as to the matters so required and] review the evidence submitted to the department and may require the adult, parent or legal guardian making the request to submit additional evidence to such court to prove the facts of the birth. Such additional evidence may include witness testimony or a sample of the adult's or a parent's tissue or hair suitable for DNA (deoxyribonucleic acid) analysis. The adult, parent or legal guardian requesting the delayed registration of birth shall be responsible for the cost of any DNA analysis required by the court, except the department shall pay such cost for any such person who is found by the court to be indigent. The adult, parent or legal guardian seeking such order shall have the burden of proving the facts of the birth by a preponderance of the evidence. The court may issue an order directing [such] the registrar of the town where the birth occurred to issue [such] a delayed birth certificate based upon the facts, as determined by the court from the evidence presented and as set forth in such order. [After issuing any such certificate, such] Upon receipt of a certified copy of any such court order, the registrar shall make a record of such birth. [, including in such record reference to such certificate and the affidavit or order of the court.] Birth certificates registered one year or more after the date of birth shall be marked "delayed" and indicate (1) the date of the delayed registration, (2) the name, sex, date of birth, place of birth and any other identifying information prescribed by the commissioner, as such facts of the birth have been determined based upon the evidence presented to the department or the court, as the case may be, and (3) when the facts of the birth are determined by court order, a statement that the birth is registered pursuant to court order. [The provisions of sections 7-42 and 7-73 shall apply to the acts of the registrar under this section.]
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2012 7-57
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2012
7-57
Statement of Purpose:
To clarify the requirements for obtaining a delayed birth certificate.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]