25.0906.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives D. Johnston, Koppelman
A BILL for an Act to amend and reenact section 23-02.1-15 of the North Dakota Century Code,
relating to registration of birth by judicial determination.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 23-02.1-15 of the North Dakota Century Code is
amended and reenacted as follows:
23-02.1-15. Delayed registration of birth.
1.If the birth of an individual born in this state has not been registered, a birth record
may be filed in accordance with the regulations of the department of health and human
services. The birth record must be registered subject to such evidentiary requirements
asprescribed by the department of health and human services shall prescribe to
substantiate the alleged facts of birth.
2.A birth record registered one year or more after the date of occurrence must be
marked "delayed" and show on the face of the birth record the date of delayed
registration.
3.A summary statement of the evidence submitted in support of the delayed registration
must be endorsed on the birth record.
4.a.If an applicant does not submit the minimum documentation required in the
regulations for delayed registration or when the state registrar finds reason to
question the validity or adequacy of the birth record or documentary evidence,
the state registrar may not register the delayed birth record and shall advise the
applicant of the reasons for this action.
b.If the deficiencies are not corrected, the state registrar shall advise the applicant
of the right of appeal to a court of competent jurisdiction for a judicial
determination of the birth facts.
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HOUSE BILL NO. 1302
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24 Sixty-ninth
Legislative Assembly
c.A birth record issued by judicial determination may not specify the record was
issued by judicial determination.
b.d.The department of health and human services by regulationrule may provide for
the dismissal of an application that is more than one year old and is not being
actively pursued.
5.A report of live birth may not be registered for a deceased individual one year or more
after that individual's date of birth.
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