CHAPTER 1. BIRTH: ESTABLISHING PUBLIC RECORD OF TIME AND PLACE
IC 34-28
ARTICLE 28. SPECIAL PROCEEDINGS:MISCELLANEOUS CIVIL PROCEEDINGS ANDREMEDIES
IC 34-28-1
Chapter 1. Birth: Establishing Public Record of Time and Place
IC 34-28-1-1
Application of resident; procedure
Sec. 1. (a) This section applies to a person who is a resident ofIndiana.
(b) To establish a public record of the time and place of a person'sbirth the person must:
(1) have been a bona fide resident, for more than six (6) months,of the county where the application is filed; and
(2) file a verified application and petition in the circuit orsuperior court of the county.
(c) The circuit court, the superior court, or the judge of the circuitor superior court shall hear and determine the matter set out in theapplication and petition, without the intervention of a jury.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-2
Application of nonresident; procedure
Sec. 2. (a) This section applies to a person who:
(1) was born in Indiana; and
(2) is not a resident of Indiana at the time of the application.
(b) The person may file a verified application in the circuit orsuperior court of the county of the person's birth for an order toestablish a public record of the time and place of the birth of theapplicant.
(c) The court or the judge shall hear and determine the matter setout in the application and petition without the intervention of a jury.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-3
Clerk of court to provide forms for petition
Sec. 3. The clerk of the court shall provide the forms for thepetition in the same manner as other forms are provided for by law.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-4
Publication of notice of application; form
Sec. 4. (a) This section applies to any person, resident ornonresident, who has filed an application in any court as provided inthis chapter.
(b) Except as provided in subsection (c), the applicant shall givenotice of the application by one (1) insertion in a qualified
newspaper of general circulation, printed and published in the countywhere the application is filed.
(c) If no newspaper is published in the county where theapplication is filed, the applicant shall give notice in the closestnewspaper printed and published in an adjoining county.
(d) The notice must be in the following form:
Birth Certificate
Notice is given that ____________ has filed a petition in the_______ Court of _________ County, Indiana, to have the time andplace of his (her) birth determined. This petition is set for hearing onthe ________ day of _______, _______.
____________________________
Clerk of the _______ Court.
(e) The notice shall be published at a cost not to exceed one dollarand fifty cents ($1.50), and if the applicant cannot publish the noticefor that amount, notice shall be given by posting the notice at a doorof the courthouse. The clerk of the court shall post the notice and fileproof of its posting.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-5
Hearing and determination on application
Sec. 5. Upon the filing of proof of notice by publication orposting, as provided in section 4 of this chapter, the court or judgemay hear the application and enter a determination of status of theapplicant as to time and place of birth.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-6
Jurisdictional requirements; supporting testimony of twofreeholders
Sec. 6. Before the court or judge has jurisdiction to determine theapplication, the applicant must demonstrate:
(1) that at least two (2) freeholders, either of the county of theresidence of the applicant or of the county of birth have:
(A) knowledge of the facts stated in the application; or
(B) reason to believe that the facts are true; and
(2) to the satisfaction of the court or the judge that the applicantmeets the qualifications provided in this chapter for the filingof the application.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-7
Appearance of applicant; conduct of hearing; finality ofdetermination; rehearing
Sec. 7. (a) The applicant may appear:
(1) in person; and
(2) with or without an attorney.
(b) If the applicant appears without an attorney, the judge shallconduct the hearing of the applicant and the examination of the
witnesses.
(c) The judge may continue the hearing from time to time.
(d) Except as provided in subsection (e), the determination of thecourt or the judge, after conclusion of the hearing, is final.
(e) Upon petition for sufficient cause, if the court or judge setsaside the former order and assigns the application for rehearing anddetermination, the determination of the court on rehearing is final.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-8
Copy of court decree as evidence
Sec. 8. A copy of the decree of the court or judge certified underthe seal of the clerk of the court is prima facie evidence in any court,board, council, or commission of Indiana to show time and place ofbirth of the person named in the decree.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-9
Index record; copy of judgment and decree to vital records division
Sec. 9. (a) The clerk of the court shall:
(1) make and keep an index record to be known as the birthcertificate record; and
(2) enter the judgment and decree into the proper index of therecord.
(b) The clerk shall also send a certified copy of the judgment anddecree to the division of vital records, state department of health,Indianapolis, Indiana. The judgment and decree shall be consideredto be a delayed certificate of birth under IC 16-37-2.
As added by P.L.1-1998, SEC.24.
IC 34-28-1-10
Collection of fee
Sec. 10. The clerk shall collect the fee provided in IC 33-37-4-4.However, a fee may not be collected if the petitioner is a resident ofIndiana.
As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004,SEC.122.
IC 34-28-1-11
Dismissal of application for want of prosecution
Sec. 11. Where the applicant fails to prosecute the cause for onehundred twenty (120) days after filing the application, the court orjudge shall dismiss the application for want of prosecution, and theclerk of the circuit court shall destroy the application immediatelyfollowing the dismissal.
As added by P.L.1-1998, SEC.24.