IC 34-28 ARTICLE 28. SPECIAL PROCEEDINGS:
MISCELLANEOUS CIVIL PROCEEDINGS AND
REMEDIES
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 of
Indiana.
(b) To establish a public record of the time and place of a person's
birth 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 or
superior court of the county.
(c) The circuit court, the superior court, or the judge of the circuit
or superior court shall hear and determine the matter set out in the
application 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 or
superior court of the county of the person's birth for an order to
establish a public record of the time and place of the birth of the
applicant.
(c) The court or the judge shall hear and determine the matter set
out 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 the
petition 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 or
nonresident, who has filed an application in any court as provided in
this chapter.
(b) Except as provided in subsection (c), the applicant shall give
notice of the application by one (1) insertion in a qualified
newspaper of general circulation, printed and published in the county
where the application is filed.
(c) If no newspaper is published in the county where the
application is filed, the applicant shall give notice in the closest
newspaper 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 and
place of his (her) birth determined. This petition is set for hearing on
the ________ day of _______, _______.
____________________________
Clerk of the _______ Court.
(e) The notice shall be published at a cost not to exceed one dollar
and fifty cents ($1.50), and if the applicant cannot publish the notice
for that amount, notice shall be given by posting the notice at a door
of the courthouse. The clerk of the court shall post the notice and file
proof 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 or
posting, as provided in section 4 of this chapter, the court or judge
may hear the application and enter a determination of status of the
applicant 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 two
freeholders
Sec. 6. Before the court or judge has jurisdiction to determine the
application, the applicant must demonstrate:
(1) that at least two (2) freeholders, either of the county of the
residence 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 applicant
meets the qualifications provided in this chapter for the filing
of the application. As added by P.L.1-1998, SEC.24.
IC 34-28-1-7 Appearance of applicant; conduct of hearing; finality of
determination; 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 shall
conduct 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 the
court or the judge, after conclusion of the hearing, is final.
(e) Upon petition for sufficient cause, if the court or judge sets
aside the former order and assigns the application for rehearing and
determination, 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 under
the 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 of
birth 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 birth
certificate record; and
(2) enter the judgment and decree into the proper index of the
record.
(b) The clerk shall also send a certified copy of the judgment and
decree to the division of vital records, state department of health,
Indianapolis, Indiana. The judgment and decree shall be considered
to 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 of
Indiana. 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 one
hundred twenty (120) days after filing the application, the court or
judge shall dismiss the application for want of prosecution, and the
clerk of the circuit court shall destroy the application immediately
following the dismissal. As added by P.L.1-1998, SEC.24.
IC 34-28 ARTICLE 28. SPECIAL PROCEEDINGS:
MISCELLANEOUS CIVIL PROCEEDINGS AND
REMEDIES
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 of
Indiana.
(b) To establish a public record of the time and place of a person's
birth 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 or
superior court of the county.
(c) The circuit court, the superior court, or the judge of the circuit
or superior court shall hear and determine the matter set out in the
application 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 or
superior court of the county of the person's birth for an order to
establish a public record of the time and place of the birth of the
applicant.
(c) The court or the judge shall hear and determine the matter set
out 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 the
petition 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 or
nonresident, who has filed an application in any court as provided in
this chapter.
(b) Except as provided in subsection (c), the applicant shall give
notice of the application by one (1) insertion in a qualified
newspaper of general circulation, printed and published in the county
where the application is filed.
(c) If no newspaper is published in the county where the
application is filed, the applicant shall give notice in the closest
newspaper 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 and
place of his (her) birth determined. This petition is set for hearing on
the ________ day of _______, _______.
____________________________
Clerk of the _______ Court.
(e) The notice shall be published at a cost not to exceed one dollar
and fifty cents ($1.50), and if the applicant cannot publish the notice
for that amount, notice shall be given by posting the notice at a door
of the courthouse. The clerk of the court shall post the notice and file
proof 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 or
posting, as provided in section 4 of this chapter, the court or judge
may hear the application and enter a determination of status of the
applicant 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 two
freeholders
Sec. 6. Before the court or judge has jurisdiction to determine the
application, the applicant must demonstrate:
(1) that at least two (2) freeholders, either of the county of the
residence 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 applicant
meets the qualifications provided in this chapter for the filing
of the application. As added by P.L.1-1998, SEC.24.
IC 34-28-1-7 Appearance of applicant; conduct of hearing; finality of
determination; 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 shall
conduct 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 the
court or the judge, after conclusion of the hearing, is final.
(e) Upon petition for sufficient cause, if the court or judge sets
aside the former order and assigns the application for rehearing and
determination, 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 under
the 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 of
birth 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 birth
certificate record; and
(2) enter the judgment and decree into the proper index of the
record.
(b) The clerk shall also send a certified copy of the judgment and
decree to the division of vital records, state department of health,
Indianapolis, Indiana. The judgment and decree shall be considered
to 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 of
Indiana. 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 one
hundred twenty (120) days after filing the application, the court or
judge shall dismiss the application for want of prosecution, and the
clerk of the circuit court shall destroy the application immediately
following the dismissal. As added by P.L.1-1998, SEC.24.
IC 34-28 ARTICLE 28. SPECIAL PROCEEDINGS:
MISCELLANEOUS CIVIL PROCEEDINGS AND
REMEDIES
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 of
Indiana.
(b) To establish a public record of the time and place of a person's
birth 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 or
superior court of the county.
(c) The circuit court, the superior court, or the judge of the circuit
or superior court shall hear and determine the matter set out in the
application 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 or
superior court of the county of the person's birth for an order to
establish a public record of the time and place of the birth of the
applicant.
(c) The court or the judge shall hear and determine the matter set
out 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 the
petition 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 or
nonresident, who has filed an application in any court as provided in
this chapter.
(b) Except as provided in subsection (c), the applicant shall give
notice of the application by one (1) insertion in a qualified
newspaper of general circulation, printed and published in the county
where the application is filed.
(c) If no newspaper is published in the county where the
application is filed, the applicant shall give notice in the closest
newspaper 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 and
place of his (her) birth determined. This petition is set for hearing on
the ________ day of _______, _______.
____________________________
Clerk of the _______ Court.
(e) The notice shall be published at a cost not to exceed one dollar
and fifty cents ($1.50), and if the applicant cannot publish the notice
for that amount, notice shall be given by posting the notice at a door
of the courthouse. The clerk of the court shall post the notice and file
proof 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 or
posting, as provided in section 4 of this chapter, the court or judge
may hear the application and enter a determination of status of the
applicant 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 two
freeholders
Sec. 6. Before the court or judge has jurisdiction to determine the
application, the applicant must demonstrate:
(1) that at least two (2) freeholders, either of the county of the
residence 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 applicant
meets the qualifications provided in this chapter for the filing
of the application. As added by P.L.1-1998, SEC.24.
IC 34-28-1-7 Appearance of applicant; conduct of hearing; finality of
determination; 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 shall
conduct 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 the
court or the judge, after conclusion of the hearing, is final.
(e) Upon petition for sufficient cause, if the court or judge sets
aside the former order and assigns the application for rehearing and
determination, 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 under
the 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 of
birth 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 birth
certificate record; and
(2) enter the judgment and decree into the proper index of the
record.
(b) The clerk shall also send a certified copy of the judgment and
decree to the division of vital records, state department of health,
Indianapolis, Indiana. The judgment and decree shall be considered
to 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 of
Indiana. 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 one
hundred twenty (120) days after filing the application, the court or
judge shall dismiss the application for want of prosecution, and the
clerk of the circuit court shall destroy the application immediately
following the dismissal. As added by P.L.1-1998, SEC.24.
