193.115. Court order constituting birth certificate, petition, procedure.

MISSOURI STATUTES AND CODES

193.115. Court order constituting birth certificate, petition, procedure.

Court order constituting birth certificate, petition, procedure.

193.115. 1. If a delayed certificate of birth is rejected under theprovisions of section 193.105, a petition signed and sworn to by thepetitioner may be filed with a court of competent jurisdiction for an orderestablishing a record of the date and place of the birth and the parentageof the person whose birth is to be registered.

2. Such petition shall be made on a form prescribed or approved bythe state registrar and shall allege:

(1) That the person for whom a delayed certificate of birth is soughtwas born in this state;

(2) That no certificate of birth of such person can be found in thedepartment or the office of any local custodian of birth certificates;

(3) That diligent efforts by the petitioner have failed to obtain theevidence required in accordance with section 193.105, and regulationsadopted pursuant thereto;

(4) That the state registrar has refused to register a delayedcertificate of birth;

(5) Such other allegations as may be required.

3. The petition shall be accompanied by a statement of the stateregistrar made in accordance with section 193.105 and all documentaryevidence which was submitted to the state registrar in support of suchregistration.

4. The court shall fix a time and place for hearing the petition andshall give the state registrar thirty days' notice of said hearing. Thestate registrar or his authorized representative may appear and testify inthe proceeding.

5. If the court finds, from the evidence presented, that the personfor whom a delayed certificate of birth is sought was born in this state,it shall make findings as to the place and date of birth, parentage, andsuch other findings as may be required and shall issue an order, on a formprescribed or approved by the state registrar, to establish a certificateof birth. This order shall include the birth data to be registered, adescription of the evidence presented, and the date of the court's action.

6. The clerk of the court shall forward each such order to the stateregistrar not later than the tenth day of the calendar month following themonth in which it was entered. Such order shall be registered by the stateregistrar and shall constitute the certificate of birth.