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20-18-403. Judicial procedure to register birth.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-403. Judicial procedure to register birth.
(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in this state;
(2) That no certificate of birth of the person can be found in the Division of Vital Records;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402;
(4) That the state registrar has refused to file a certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approve
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-18-403
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d886604f67b243dce20010bed5fc1e8c6191e053aab6ec2aab26b92bbd7d723c
Source location: content.xml paragraph 17642
Stored source content
20-18-403. Judicial procedure to register birth.
(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in this state;
(2) That no certificate of birth of the person can be found in the Division of Vital Records;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402;
(4) That the state registrar has refused to file a certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action.
(f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-401. Birth registration generally.
(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records of the Department of Health, or as otherwise directed by the State Registrar of Vital Records, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section.
(b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth.
(c) When a birth occurs outside an institution:
(1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority:
(A) The physician in attendance at or immediately after the birth, or in the absence of such a person;
(B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or
(C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and
(2) The division shall determine what evidence may be required to establish the fact of birth.
(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the pl
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-18-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-402. Delayed registration of birth.
(a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met.
(b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration.
(c) No delayed certificate of birth shall be registered for a deceased person.
(d)(1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction.
(2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-18-402. This identifies an authority to review, not proof of applicability.