| 13 | | - | (b) If [unable to furnish an affidavit satisfactory to the registrar of such town] the department denies the request for a delayed registration of birth, such adult, [or] parent or legal guardian may [apply to] petition the court of probate for the district where such birth occurred for an order requiring [such registrar] the department to prepare a certificate of birth of such adult or such minor. [containing the matters so required to be set forth] The petitioner shall include with the petition the affidavits and other documentary evidence submitted to the department in accordance with subsection (a) of this section. Such court shall [, with or without notice and hearing, ascertain the facts as to the matters so required and issue an order directing such registrar to issue such a certificate based upon the facts set forth in such order. After issuing any such certificate, such registrar shall make a record of such birth, including in such record reference to such certificate and the affidavit or order of the court. ] schedule a hearing and cause notice of the hearing to be given to the following persons: (1) The petitioner; (2) if the delayed registration of birth is sought for a minor, (A) the parent or legal guardian of the minor, and (B) if the minor is twelve years of age or older, the minor; (3) the commissioner; and (4) any such other person as the court may determine has an interest in the hearing. The commissioner or the commissioner's authorized representative may appear and testify at such hearing. The petitioner shall have the burden of proving the facts of the birth. If the court finds by a preponderance of the evidence that the birth occurred on the date and at the place alleged by the petitioner, the court shall issue an order containing the person's name, sex, date of birth, place of birth and any other identifying information as the court deems appropriate and directing the department to issue a delayed birth certificate. Upon receipt of a certified copy of any such order, the department shall prepare a birth certificate based on the facts set forth in the court's order and transmit a copy of the certificate to the registrar of the town where the birth occurred and to the registrar of the town where the mother resided at the time of birth. |
|---|
| 20 | + | (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.] |
|---|