048-11 Wyo. Code R. § 11-1

Current through April 27, 2019

Section 11-1 - Births

All births registered one (1) year or more after the date of birth are to be registered on a special "Delayed Certificate of Birth" form. Delayed birth registrations may not be filed for deceased persons.

(a) The following individuals may request delayed registration of a birth if it occurred in this state and has not been previously recorded:

(i) The person whose birth is to be registered if of legal age in Wyoming;

(ii) If the person whose birth is to be registered is under legal age in Wyoming, or unable to make the request, the registrant's parent or legal guardian.

(b) The Delayed Certificate of Birth shall provide the following information supported by documentary evidence:

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

(ii) The date of birth;

(iii) The state of birth and either the city or county of birth;

(iv) The full maiden name of the mother;

(v) The full name of the father in accordance with the provisions of Chapter 3, Section 2.

(c) The type of evidence required for filing a Delayed Certificate of Birth is dependent upon the age of the registrant.

(i) If the registrant is under twelve (12) years of age, one piece of documentary evidence shall be required.

(ii) If the registrant is twelve (12) years of age or over, three ( 3 ) pieces of documentary evidence are required. One (1) piece of evidence must have been established prior to the registrant's twelfth birthday.

(d) Documentary evidence:

(i) The document must have been established at least five (5) years prior to the starting of the delayed file unless the registrant is under the age of twelve (12);

(ii) If the registrant is under the age of twelve (12), the document must have been established prior to the starting of the delayed file and within the first three (3) years of life.

(iii) The document must show the date it was originally established;

(iv) The document must show the information exactly the same as the information to be placed on the certificate;

(v) The copy of the document must be certified as a true copy of the original by the custodian of the document and show the date the copy was issued;

(vi) Affidavits of personal knowledge are not acceptable as evidence.

(e) The upper portion of the Delayed Certificate of Birth form must be signed and sworn to before a notary public or an official authorized to administer oaths. The applicant shall not alter the form.

(i) If the registrant is under legal age in Wyoming, the delayed form shall be signed by the registrant's parent or legal guardian.

(ii) If the registrant is of legal age in Wyoming, the registrant shall sign the delayed form. If the registrant is female, she must sign her maiden name plus her married name, if applicable. If the registrant is legally incompetent, the delayed form shall be signed by the registrant's legal guardian.

(f) The State Registrar of Vital Records, or a designated representative, shall abstract on the Delayed Certificate of Birth a description of each document submitted to support the facts shown on the delayed birth certificate. This description shall include:

(i) The title or description of the document;

(ii) The name and address of the custodian of the document;

(iii) The date the document was created;

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

(g) All documents submitted in support of the delayed birth registration, shall be returned to the applicant after completion of the filing.

(h) For all delayed certificates prepared by Vital Records Services, the State Registrar, or a designated representative, shall certify:

(i) That no prior birth certificate is on file for the person whose birth is to be recorded;

(ii) That the evidence submitted has been reviewed and found it to be sufficient to establish the facts of birth;

(iii) The abstract of the evidence appearing on the Delayed Certificate of Birth accurately reflects the nature and content of the documents submitted to establish the facts of birth.

(i) When the State Registrar finds reason to question the validity or adequacy of the documentary evidence submitted, applications for delayed certificates may be dismissed. Upon dismissal, the applicant shall be advised in writing of the State Registrar's decision. A fee for searching the birth files as provided for by Chapter 14, Section 3, (f), will be retained. All remaining fees will be returned to the applicant by Vital Records Services.

(j) Once a delayed certificate has been accepted for filing, it cannot be changed except by court order.

(k) When an adoption decree is received, and no original birth certificate is on file, a delayed certificate of birth shall be established before the substitute certificate is completed. The delayed certificate and evidence shall be placed in a sealed confidential envelope subject to inspection only by court order. (See Chapter 4, Section 1(d) )

048-11 Wyo. Code R. § 11-1