Filing a Delayed Birth Certificate

PURPOSE: This rule establishes procedures for registering a birth certificate for an individual when a birth certificate is not registered within the prescribed time period and establishes the delayed birth certificate form to be registered with the Department of Health and Senior Services for each birth occurring in this state. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) No delayed certificate of live birth shall be registered for a deceased individual. (2) All delayed certificates of live birth shall be processed and registered only at the State Bureau of Vital Records. (3) For an individual born in Missouri for whom no prior birth certificate is on file with the Bureau of Vital Records that can be reasonably presumed to belong to the individual, the following procedures shall be used to apply for a delayed certificate of live birth: (A) Before an individual’s twelfth birthday, the registration of live birth shall be on a certificate of live birth form as described in 19 CSR 10-10.040. The basic procedure shall be as nearly as practicable the same as for registering a current certificate of live birth. Out of hospital or institution births may require proof of pregnancy and proof of presence in Missouri prior to registration; or (B) After an individual’s twelfth’s birthday, the registrant or registrant’s parent(s) shall complete the Application/Certificate to Record Birth After Twelfth Birthday in accordance with the instructions contained in the application. The Application/ Certificate to Record Birth After Twelfth Birthday as published on March 2024 by Missouri Department of Health and Senior Services is incorporated by reference in this rule and may be obtained at Missouri Department of Health and Senior Services, Bureau of Vital Records, 930 Wildwood Drive, Jefferson City, MO 65109 or www.health.mo.gov. This rule does not incorporate any subsequent amendments or additions. (4) If a delayed certificate of live birth is rejected under the provisions of section 193.105, RSMo, registrant may file a petition, as prescribed in section 193.115, RSMo, with a court AND SENIOR SERVICES of competent jurisdiction for an order establishing a record of the full name, date and place of birth, and the parentage of the individual whose birth is to be registered. Registrant(s) shall complete form CV310 Petition for Establishing Record of Birth After 12th Birthday as published on July 2024 by the State Judicial Review Committee, which is incorporated by reference in this rule and may be obtained at www.courts.mo.gov. This rule does not incorporate any subsequent amendments or additions. (5) A court order shall be required to amend a delayed certificate of birth once the certificate of live birth has been established. AUTHORITY: sections 193.035, 193.105, and 193.115, RSMo 2016.* This rule was previously filed as 13 CSR 50-150.030 and 19 CSR 30-10.020. Original rule filed Sept. 6, 1955, effective Sept. 16, 1955. Changed to 19 CSR 10-10.030 July 30, 1998. Amended: Filed March 12, 1999, effective Sept. 30, 1999. Amended: Filed Oct. 4, 2024, effective April 30, 2025. *Original authority: 193.035, RSMo 1984, amended 1993, 1995; 193.105, RSMo 1984; and 193.115, RSMo 1984, amended 2005.