S.D. Admin. R. 44:09:02:07

Current through Register Vol. 51, page 67, December 16, 2024

Section 44:09:02:07 - Requirements for filing a delayed birth certificate

For a delayed birth certificate to be acceptable for filing, the name of the applicant and the date and place of birth must be supported by a hospital record created at the time of birth or two pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed within seven years after the date of birth; or three pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed seven years or more after the date of birth.

Any parent's name as required in § 44:09:02:05 shall be supported by at least one piece of documentary evidence as specified in § 44:09:02:06.

If documentation cannot be provided as required in this chapter, a delayed birth certificate is acceptable for filing with an order from a court of competent jurisdiction which directs the Department of Health to establish a delayed birth certificate and establishes the facts as follows:

(1) The full name of the person at the time of birth;

(2) The month, day, and year of birth;

(3) The state where the birth occurred;

(4) The full maiden name of the mother;

(5) The full name of the father; and

(6) The gender at the time of birth.

S.D. Admin. R. 44:09:02:07

SL 1975, ch 16, § 1; 6 SDR 93, effective 7/1/1980; 24 SDR 60, effective 11/13/1997; 26 SDR 89, effective 1/9/2000; 31 SDR 213, effective 7/4/2005.

General Authority: SDCL 34-25-42.

Law Implemented: SDCL 34-25-42.