(a) If a delayed certificate of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner may be filed with a circuit court of any county in this state in which he or she resides or was born, for an order establishing a birth record.
(b) The petition shall allege each of the following:
(1) The person for whom a delayed certificate of birth is sought was born in this state.
(2) No certificate of birth can be found in the Office of Vital Statistics.
(3) Diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Section 22-9A-9.
(4) The State Registrar has refused to register a delayed certificate of birth.
(5) Other allegations as may be required.
(c) The petition shall be accompanied by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary evidence which was submitted to the State Registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the State Registrar 10 days notice of the hearing. The State Registrar or the authorized representative of the State Registrar may appear and testify in the proceedings, or evidence may be received by affidavit.
(e) If the court finds, from the evidence presented, that the person for whom a delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of birth, parentage, and other findings as may be required and shall issue an order to establish a certificate of birth. The court order shall include each of the following:
(1) The full name and sex of the person for whom the birth certificate is sought.
(2) A statement that person was born in this state.
(3) The date of birth and county of birth.
(4) The full maiden name of the mother.
(5) The full name of the father, if legally established.
(6) A description of the evidence presented.
(7) The date of the action of the court.
(f) The clerk of the court shall forward each order to the State Registrar not later than the tenth day of the calendar month following the month in which the order was entered. The order shall be registered by the State Registrar and shall constitute the authority for placing a delayed certificate of birth on file.
Structure Code of Alabama
Title 22 - Health, Mental Health, and Environmental Control.
Title 1 - Health and Environmental Control Generally.
Chapter 9A - Vital Statistics.
Section 22-9A-1 - Definitions.
Section 22-9A-2 - Office of Vital Statistics and Statewide System of Vital Statistics.
Section 22-9A-3 - Appointment of State Registrar of Vital Statistics; Duties of State Registrar.
Section 22-9A-4 - Registration Districts.
Section 22-9A-5 - Local Registrars and Deputy Registrars of Vital Statistics.
Section 22-9A-6 - Content of Certificates and Reports.
Section 22-9A-7 - Registration of Births.
Section 22-9A-8 - Registration of Infants of Unknown Parentage.
Section 22-9A-9 - Delayed Registration of Birth.
Section 22-9A-10 - Judicial Procedure to Establish Facts of Birth.
Section 22-9A-11 - Court Reports of Adoption.
Section 22-9A-11.1 - Issuance of Certificate of Foreign Birth Without Judicial Proceedings.
Section 22-9A-13 - Reports of Fetal Death; Reports of Induced Termination of Pregnancy.
Section 22-9A-13.1 - Certificate of Birth Resulting in Stillbirth.
Section 22-9A-14 - Death Registration.
Section 22-9A-15 - Delayed Registration of Death.
Section 22-9A-16 - Authorization for Final Disposition.
Section 22-9A-17 - Marriage Registration.
Section 22-9A-18 - Divorce Registration.
Section 22-9A-19 - Amendment of Vital Records.
Section 22-9A-20 - Reproduction of Vital Records.
Section 22-9A-21 - Disclosure of Information From Vital Records.
Section 22-9A-22 - Copies or Data From the System of Vital Statistics.
Section 22-9A-24 - Persons Required to Keep Records and to Furnish Information.
Section 22-9A-25 - Enforcement.
Section 22-9A-26 - Penalty for Violation of Chapter or Rules of the State Board of Health.