ARM 37.8.303. DELAYED BIRTH CERTIFICATE

(1) Any person born in the state of Montana whose birth was not properly recorded within one year after the birth may have their birth record filed as a delayed birth certificate if the requirements of this rule are met. (2) The request for a delayed birth certificate must be filed by the individual, the individual’s parents, or the individual’s adult children on a Montana delayed birth registration form available from the department. (3) The person filing the form must submit to the department at least three documents proving the individual's name, the date and place of birth, and the individual's parents' names. The documentation must meet the following minimum requirements: (a) Each document must be dated at least one year before the date of the application or within the first year of birth. (b) Each document must include the individual’s month, date, and year of birth or age, and their full name as it should appear on the birth certificate. (c) Each of the documents must be from separate sources. (d) One document may be an affidavit from an individual present at the birth and at least 18 years of age at that time. (e) Of the documents that are not an affidavit, at least one document must establish the town or county and state of birth of the individual, and one document must establish the full names of both parents, including the mother’s maiden name. (f) Copies of documents issued by a government agency must be certified. Altered documents of any kind will not be accepted. (4) If an application for a delayed birth certificate is incomplete or does not meet the department's issuance criteria as listed above, the department shall notify the individual of: (a) the deficiencies; (b) the procedures necessary to rectify the deficiencies; and (c) the right to seek an order from a court of competent jurisdiction to obtain registration of the delayed birth certificate. (5) If, after notification, the application is not actively pursued for a period of 180 days, the application and supporting documents will be returned to the applicant and a new fee, application and supporting documentation will be required to reapply.