Fla. Admin. Code R. 64V-1.001

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64V-1.001 - Delayed Birth Registration Requirements; Fees

(1) All delayed birth registrations must be accompanied by an Application for Florida Delayed Certificate of Birth, DH Form 521 (04/16), hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07184, and the fee required by subsection (2), of Rule 64V-1.014, F.A.C., and by documents described in subsection (2), of Rule 64V-1.001, F.A.C., which substantiate the following facts of birth:

(a) Name at the time of birth of the registrant;

(b) Date of birth of the registrant;

(c) State of birth of the registrant as Florida;

(d) Mother's/Parent's name including her maiden surname; and,

(e) Father's/Parent's name; except that if the parents were not married at the time of the registrant's birth, the father's name shall not be entered on the delayed certificate except by an affidavit of acknowledgment of paternity signed by both parents before a notarizing official or two witnesses, or by order of a court of competent jurisdiction.

(2) The minimum requirements for documentary evidence are as follows:

(a) A statement that the birth actually occurred by an official of the hospital where the delivery occurred or where the registrant was admitted immediately after delivery, or

(b) If the registrant was not delivered in a hospital or admitted immediately after delivery or if hospital records are not available, a statement, based on professional case records of the event, by a Florida licensed physician, certified nurse midwife, Florida licensed midwife, or a public health nurse employed by the department; who attended the delivery, or

(c) Two supporting documents establishing birth facts contained in subsection (1), of Rule 64V-1.001, F.A.C., except for item listed in paragraphs (1)(d) and (e), of Rule 64V-1.001, F.A.C., for which only one document is required:

1. School record of registrant,

2. Social Security record of registrant,

3. Military record of registrant or military record of parent or guardian showing dependent data regarding the registrant,

4. Insurance policy application or personal history sheet,

5. Census records,

6. Other evidence on file in the Office of Vital Statistics taken from other registrations,

7. Medical treatment record for registrant,

8. Records maintained by the department or other state agency, State of Florida which substantiate the birth, or

9. Other verifiable records, except for those in subsection (6), of Rule 64V-1.001, F.A.C.

(3) Documentation required in paragraph (2)(c), of Rule 64V-1.001, F.A.C., must have been established at least 5 years prior to filing unless applicant is under the age of 10. In such cases, the documents submitted must have been established at least 1 year prior to the date of filing for a delayed certificate.

(4) If documents listed in subsection (2), of Rule 64V-1.001, F.A.C., cannot be obtained, the applicant may file for a delayed birth certificate under the provisions of Section 382.0195, F.S.

(5) The Application for Florida Delayed Certificate of Birth, DH Form 521 (04/16), must be signed by a parent or guardian before a notarizing official for a registrant under the age of 18. A registrant 18 years or older, or if disability of nonage has been removed and the registrant provides proof of such removal, must sign this form before a notarizing official.

(6) Self serving affidavits and family bible records are not acceptable sources of primary documentary evidence but may be used to further substantiate the facts of birth.

(7) Documents submitted shall be in the form of an original record or duly certified copy thereof or a signed and certified statement from the custodian of the records. All documents submitted are subject to verification with the originating source.

(8) Delayed birth certificates issued pursuant to this section, except for clerical errors, cannot be amended without a court order.

(9) The state registrar or his or her designated representative shall abstract on the Delayed Certificate of Birth a description of each document submitted to support the facts shown on the delayed record. This description shall include:

(a) The title or description of the document;

(b) The date of the original filing of the document being abstracted; and,

(c) The information regarding the birth facts contained in the document.

(10) Applications for delayed certificates which have not been completed within 1 year from the date of the application shall be dismissed. Upon dismissal, the State Registrar shall so advise the applicant and all documents submitted in support of the delayed birth registration shall be returned to the applicant at last known address after review.

(11) Upon receipt of the required forms, fees and documentary evidence, the department shall electronically create and issue a Delayed Certification of Birth, DH Form 520, Nov. 07, hereby incorporated by reference and available from the Florida Department of Health, State Office of Vital Statistics, P.O. Box 210, Jacksonville, FL 32231-0042, and at https://www.flrules.org/Gateway/reference.asp?No=Ref-07185.

Fla. Admin. Code Ann. R. 64V-1.001

Rulemaking Authority 382.003(10), (11), 382.0255(3) FS. Law Implemented 382.003(7), (11), 382.019 FS.

New 1-1-77, Formerly 10D-49.13, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.013, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08, Amended by Florida Register Volume 42, Number 139, July 19, 2016 effective 7/31/2016.

New 1-1-77, Formerly 10D-49.13, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.013, Amended 11-11-98, 7-18-00, 2-29-04, 10-19-04, 5-13-08, 7-31-16.