§338-17.5  Judicial procedure to establishfacts of birth.  (a)  If a delayed certificate of birth is rejected undersection 338-16, a petition may be filed with the circuit court for an orderestablishing a record of the date and place of the birth and the parentage ofthe person whose birth is to be registered.

(b)  The petition shall be accompanied by astatement of the registration official made in accordance with section338-16(d) and all documentary evidence which was submitted to the registrationofficial in support of such registration.

(c)  The court shall fix a time and place forhearing the petition and shall give the registration official who refused toregister the petitioner’s delayed certificate of birth fifteen days’ notice ofsaid hearing.  Such official, or the official’s authorized representative, mayappear and testify in the proceeding.

(d)  If the court from the evidence presentedfinds that the person for whom a delayed certificate of birth is sought wasborn in this State, it shall make findings as to the place and date of birth,parentage, and such other findings as the case may require and shall issue anorder to establish a record of birth.

(e)  The clerk of the court shall forward acopy of the order to the state registrar of vital statistics not later than the10th day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics inaccordance with section 338-13. [L 1972, c 66, pt of §1(3); gen ch 1985; am L1986, c 339, §45]