Petition for Order Establishing Fact of Birth
Utah birth certificate requirements
When a child is born in Utah, a certificate must be filed with the local registrar (county clerk) within 10 days of the child's birth. (Utah Code Section 26B-8-104(2)). If the child is born in a hospital or birthing center, they take care of that requirement. Someone else will need to take care of that requirement if a child is born at some other place, such as at home, or on the way to the hospital.
If a certificate is not filed within a year of the child's birth, then an application must be made for a delayed birth certificate. Utah Code Section 26B-8-108 and Utah Administrative Code R436-4-3.
Who can register a delayed birth certificate
Utah Administrative Code R436-4-3 specifies who may register a delayed birth certificate:
- The person whose birth was not registered (if they are 18 or older),
Or if the person is under 18:
- Their parent(s) or guardian
- Their next of kin
- A person older than them who has personal knowledge of the facts of their birth
Facts required for a delayed birth certificate
Utah Administrative Code R436-4-4 specifies what facts are required for a delayed birth certificate
- The full name of the person at the time of birth;
- The date and place of birth;
- The full maiden name of the mother;
- The full name of the father; (except that if the mother was not married either at the time of conception or at any time during pregnancy, the name of the father shall not be entered on the delayed certificate except as provided in R436-3-5 of the Utah Administrative Code.
Documents that can prove fact of birth
Utah Administrative Code R436-4-6 (rules.utah.gov) lists the kinds of evidence that are acceptable to prove the facts of birth:
- Census records
- Hospital records
- Church records
- School records
- An affidavit of personal knowledge prepared by one or both parents, other relative, or any person older than the registrant who has knowledge of the facts.
If a request for delayed birth certificate is denied
If the Office of Vital Records and Statistics denies a request for a delayed birth certificate, the person may file a petition with the district court requesting 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. The petition is filed in the district court of the county where the petitioner resides or in the judicial district for Salt Lake City Utah Code Section 26B-8-109.
Use the Checklist to help you understand and complete the forms. The Checklist is not filed with the court or served on the other party.
Forms to ask to establish fact of birth of an adult
Forms to ask to establish fact of birth of a minor child