Section 146-9-5 - Registration at Ages Eight Years and OlderA. Form 1. Births registered eight or more years after the date of birth shall be recorded on the delayed birth registration form and filed with the Office of Vital Statistics. The form shall be signed and sworn to before an official authorized to take oaths, by the person applying for the delayed registration.2. Any certified copy of a delayed birth registration shall be made by photocopying the original or by transferring the information it contains onto the "copy of a delayed birth registration" form.B. Who May Apply 1. Ages 8-14 Years The delayed birth registration shall be submitted by the parent(s) or guardian of the registrant.
2. Emancipated Minor The delayed birth registration shall be submitted by the registrant.
3. Ages 15 and Older The delayed birth registration shall be submitted by the registrant.
4. Mentally Incompetent Persons Aged 15 and Older The delayed birth registration shall be submitted by the parent(s) or guardian of the registrant.
C. Facts to be Established The minimum facts which must be established by documentary evidence shall be the following:
1. Birth Facts a. The full name of the person at the time of birth;c. The date of birth (month, day, year) and place of birth (town, state);2. Parentage a. The full maiden name of the mother;b. The full name of the father;D. Documentary Evidence - Requirements1. Ages 8-14 Years a. The full name of the registrant, date and place of birth must be supported by at least two pieces of documentary evidence, only one of which may be an affidavit of personal knowledge.b. Parentage must be supported by at least one document, which may be an affidavit of personal knowledge.2. Ages 15 and Older a. The full name of the registrant, date and place of birth must be supported by at least three pieces of documentary evidence, only one of which may be an affidavit of personal knowledge.b. Parentage must be supported by at least one document, which may be an affidavit of personal knowledge.3. Consistency Among Documents All documents submitted as evidence must be in agreement as to the facts which they are to establish. Different documents may be used in support of specific birth facts, but they may not contradict one another in any of the birth facts to be established. On all documents used to support the name, names must be spelled alike and be given in the same order as shown on the application. Documents which contain only the first initial of one of the applicant's middle name(s) may be used as evidence to support date, place of birth and parentage.
E. Documentary Evidence - Acceptability 1. Documents presented, such as census, hospital, church, health care, and school records, must be from independent sources and shall be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document.2. All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least five years prior to the date of application, or shall be a copy or abstract of a record made at least five years prior to the date of application.3. An affidavit of personal knowledge, to be acceptable, must be prepared by one of the parents, other relative, or any older person having personal knowledge of the facts of birth and must be signed before an official authorized to administer oaths. In all cases, the affiant must be 18 years of age or older, be at least five years older than the applicant, and have personal knowledge of the facts of birth.F. Abstraction of Documentary Evidence The Office of Vital Statistics shall abstract on the delayed birth registration a description of each document submitted to support the facts shown. This description shall include:
1. The title or description of the document;2. The name and address of the affiant, if the document is an affidavit of personal knowledge, or of the custodian, if the document is an original or certified copy of a record or a signed statement from the custodian;3. The date of the original filing of the document being abstracted;4. The information regarding the birth and parentage facts contained in the document. All documents submitted in support of the delayed birth registration shall be returned to the applicant after review.
G. Certification by the State Registrar The state registrar shall, by certified statement with a seal, certify:
1. That no prior birth certificate is on file, in the registrar's files or at the municipality where the birth occurred, for the person whose birth is to be recorded;2. That the evidence submitted to establish the facts of birth has been reviewed;3. That the abstract of the evidence appearing on the delayed birth registration accurately reflects the nature and content of the document.4. That the delayed birth registration is accepted for registration.H. Distribution After the delayed birth registration has been accepted and registered by the Office of Vital Statistics, certified copies shall be forwarded to the municipal clerk at the place of birth.
I. Deficiencies When the applicant does not submit the minimum documentation specified in this chapter, or when the state registrar has reasonable cause to question the validity or adequacy of the documentation, and if the deficiencies are not corrected, the registrar shall not accept the delayed birth registration but shall advise the applicant of its deficiencies and request that further documentation be submitted.
J. Dismissal after One Year Applications for delayed registration which have not been completed within one year from the date of application may be dismissed at the discretion of the state registrar. Upon dismissal, the registrar shall so advise the applicant and all documents submitted in support of such registration shall be returned to the applicant.
10- 146 C.M.R. ch. 9, § 5