Section 13A. If it is claimed that a child was born in a city or town in this commonwealth and the clerk or registrar of such city or town has no record thereof, said clerk or registrar may receive an affidavit, signed and sworn to by a parent of such child, or, in his discretion, by some credible person or persons having knowledge of the case, setting forth the facts relating to such birth, in the manner provided by section one, and documentary evidence substantiating such facts beyond reasonable doubt. The minimum documentary evidence to be required in accordance with this section shall be determined by regulation as provided for in section four of chapter seventeen. If said clerk or registrar is satisfied as to the truth and accuracy of the statements in such affidavit and the sufficiency of the evidence submitted therewith, he shall make a record of such birth.
A person who is unable to furnish such an affidavit for the establishment of his birth record may petition the clerk or registrar of the city or town wherein it is claimed his birth occurred for the recording of his birth. If the evidence submitted by the petitioner is satisfactory to said clerk or registrar as a basis for establishing such record, he shall accept the same and record the birth. If, however, in the opinion of said clerk or registrar such evidence is not satisfactory, he shall refuse in writing to record the birth. Such person may then present a petition, together with such written refusal and his evidence to establish the validity of such record, to a judge of the probate court of the county in which such city or town is located. Written notice shall be given to said clerk or registrar of the time and place of the hearing on such petition. After such hearing, if it is the opinion of the court that such birth should be recorded, it shall be so ordered. Upon receipt of such order from said judge, said clerk or registrar shall establish the record.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 46 - Return and Registry of Births, Marriages and Deaths
Section 11/2 - Certificates of Birth Resulting in Stillbirth; Filing
Section 1a - Birth Records of Abandoned Children or Foundlings
Section 1b - Filing Reports of Out-of-State Births or Adoptions
Section 1c - Filing Reports of Out-of-State Deaths
Section 1d - Adoption of Surname Upon Marriage
Section 2 - Separate Registries for Births, Deaths and Marriages
Section 2a - Disclosure of Information About Vital Statistics; Conditions
Section 2b - Pre-Adoption Birth Certificates; Application for Inspection by Adopted Persons
Section 2c - Pre-Adoption Birth Certificates; Access by Child of Deceased Adopted Parent
Section 3 - Physician's Record of Birth; Out of Hospital Birth
Section 3a - Hospital Administrator's Duties; Report; Verification
Section 3b - Birth Without Immediate Admittance to Hospital for Postnatal Care; Report
Section 3d - Acknowledgments and Adjudications of Paternity; Records Available to Iv–d Agency
Section 4 - Birth Without Attending Physician; Report; Recording; Petition; Hearing
Section 4a - Local Officials; Processing of Birth Certificates
Section 4b - Artificial Insemination
Section 6 - Notification of Births and Deaths
Section 7 - Report of Births and Deaths at Sea
Section 7a - Report of Births on Airplanes; Penalty for Violation
Section 8 - Penalty for Failure to Report Births and Deaths
Section 10 - Death Certificates of Veterans; Contents; Penalty for Violation
Section 11 - Duties of Undertakers
Section 13 - Correction of Records
Section 13a - Correction of Birth Records; Procedure
Section 14 - Penalty for False Returns
Section 17 - Birth Records; State Registrar; Originals; Certified Copies
Section 17a - Marriage Records; State Registrar; Originals; Certified Copies
Section 17b - Death Records; State Registrar; Originals; Certified Copies
Section 17d - Amended Birth, Marriage and Death Records; Certified Copies to Holders of Originals
Section 19 - Use of Records as Evidence
Section 19a - Unauthorized Reproduction of Records; Penalty
Section 19b - Certified Copies of Birth Records; Restricted Information Regarding Mother
Section 19c - Authentication of Copies of Birth, Marriage and Death Records; Use as Evidence
Section 20 - Births and Deaths in Tewksbury Hospital; Records
Section 22 - Registrars of Vital Statistics
Section 23 - Prosecution of Persons Failing to File Required Reports
Section 24 - Statements of Births and Deaths; Penalty
Section 25 - Disposition of Fines and Forfeitures
Section 27 - Clerks; Penalty for Neglecting Required Duties
Section 28 - Administration of Oaths
Section 29 - Attestation of Certificates
Section 30 - Alteration, Forgery or Counterfeiting; Penalty
Section 31 - Adoption Contact Information Registry
Section 34 - Agreements to Verify Existence of Birth, Marriage or Death Records