23-02.1-15. Delayed registration of birth

23-02.1-15. Delayed registration of birth 1. If the birth of an individual born in this state has not been registered, a birth record may be filed in accordance with the regulations of the department of health and human services. The birth record must be registered subject to such evidentiary requirements as the department of health and human services shall prescribe to substantiate the alleged facts of birth. 2. A birth record registered one year or more after the date of occurrence must be marked "delayed" and show on the face of the birth record the date of delayed registration. 3. A summary statement of the evidence submitted in support of the delayed registration must be endorsed on the birth record. 4. a. If an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the state registrar finds reason to question the validity or adequacy of the birth record or documentary evidence, the state registrar may not register the delayed birth record and shall advise the applicant of the reasons for this action. If the deficiencies are not corrected, the state registrar shall advise the applicant of the right of appeal to a court of competent jurisdiction for a judicial determination of the birth facts. b. The department of health and human services by regulation may provide for the dismissal of an application that is more than one year old and is not being actively pursued. 5. A report of live birth may not be registered for a deceased individual one year or more after that individual's date of birth.