130A-106. Establishing fact of birth by persons without certificates.
(a) A person born in this State not having a recorded certificate of birth, may file a verified petition with the clerk of the superior court in the county of the petitioner's legal residence or place of birth, setting forth the date, place of birth and parentage, and petitioning the clerk to hear evidence, and to find and adjudge the date, place and parentage of the birth of the petitioner. Upon the filing of a petition, the clerk shall set a hearing date, and shall conduct the proceeding in the same manner as other special proceedings. At the time set for the hearing, the petitioner shall present evidence to establish the facts of birth. If the evidence offered satisfies the court, the court shall enter judgment establishing the date, place of birth and parentage of the petitioner, and record it in the record of special proceedings. The clerk shall certify the judgment to the State Registrar who shall keep a record of the judgment. A copy shall be certified to the register of deeds of the county in which the petitioner was born.
(b) Repealed by Session Laws 2007-323, s. 30.10(f), effective August 1, 2007, and applicable to all costs assessed or collected on or after that date.
(c) The record of birth established under this section, when recorded, shall have the same evidentiary value as other records covered by this Article. (1941, c. 122; 1957, c. 1357, s. 1; 1969, c. 1031, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 2007-323, s. 30.10(f).)
Structure North Carolina General Statutes
North Carolina General Statutes
§ 130A-90 - Vital statistics program.
§ 130A-92 - Duties of the State Registrar.
§ 130A-93 - Access to vital records; copies.
§ 130A-93.1 - Fees for vital records copies or search; automation fund.
§ 130A-95 - Control of local registrar.
§ 130A-96 - Appointment of deputy and sub-registrars.
§ 130A-97 - Duties of local registrars.
§ 130A-98 - Pay of local registrars.
§ 130A-99 - Register of deeds to preserve copies of birth and death records.
§ 130A-100 - Register of deeds may perform notarial acts.
§ 130A-101 - Birth registration.
§ 130A-102 - Contents of birth certificate.
§ 130A-104 - Registration of birth one year or more after birth.
§ 130A-105 - Validation of irregular registration of birth certificates.
§ 130A-106 - Establishing fact of birth by persons without certificates.
§ 130A-108 - Certificate of identification for individual of foreign birth.
§ 130A-109 - Birth certificate as evidence.
§ 130A-110 - Registration of marriage certificates.
§ 130A-111 - Registration of divorces and annulments.
§ 130A-112 - Notification of death.
§ 130A-113 - Permits for burial-transit, authorization for cremation and disinterment-reinterment.
§ 130A-114 - Fetal death registration; certificate of birth resulting in stillbirth.
§ 130A-115 - Death registration.
§ 130A-116 - Contents of death certificate.
§ 130A-117 - Persons required to keep records and provide information.
§ 130A-118 - Amendment of birth and death certificates.
§ 130A-120 - Certification of birth dates furnished to veterans' organizations.