ORS 432.118
Procedure for contesting refusal to register report of live birth or delayed report of live birth

  • rules

(1)

If the State Registrar of the Center for Health Statistics refuses to register a report of live birth or a delayed report of live birth under the provisions of ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth), the applicant may file a signed and sworn petition with a court of competent jurisdiction seeking an order establishing a record of the date and place of live birth and the parentage of the person whose birth is to be registered.

(2)

The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:

(a)

That the person for whom a record of live birth or a delayed record of live birth is sought was born in this state and no record of live birth or delayed record of live birth of the person can be found in the records of the Center for Health Statistics;

(b)

That diligent efforts by the petitioner have failed to obtain the evidence required for submitting a report of live birth or a delayed report of live birth in accordance with ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth) and rules adopted under ORS 432.088 (Mandatory submission and registration of reports of live birth) or 432.113 (Delayed reports of live birth);

(c)

That the state registrar has refused to register a report of live birth or a delayed report of live birth; and

(d)

Other allegations as may be required under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(3)

The petition must be served on the state registrar and accompanied by all documentary evidence that was submitted to the state registrar in support of the petition.

(4)

The court shall fix a time and place for hearing the petition and shall give the state registrar notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding.

(5)

If the court finds, from the evidence presented, that the person for whom a record of live birth or a delayed record of live birth is sought was born in this state, it shall make findings as to the place and date of live birth, parentage and such other findings as may be required and shall issue an order, on a form prescribed and furnished or approved by the state registrar, to establish a court-ordered record of live birth or delayed record of live birth. This order shall include the live birth data to be registered, a description of the evidence presented and the date of the court’s action.

(6)

The clerk of the court shall forward a certified copy of each order to the state registrar twice a month as adopted by the state registrar by rule. The order must be used to register a report of live birth or a delayed report of live birth for the person. The record of live birth or delayed record of live birth must include a statement that it was registered on the basis of a court order. [Formerly 432.142]

Source: Section 432.118 — Procedure for contesting refusal to register report of live birth or delayed report of live birth; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html.

See also annotations under ORS 432.135 in permanent edition.

Notes of Decisions

Courts do not have the power to reissue birth certificates with a change of sex in absence of any apparent legislative intent to confer such power under this section. K. v. Health Division, 277 Or 371, 560 P2d 1070 (1977)

Procedure to obtain court order for issuance of delayed birth certificate following refusal by state registrar is equitable proceeding separate from judicial review of registrar order under Administrative Procedures Act. Eusiquio v. Department of Human Services, 243 Or App 100, 259 P3d 917 (2011)

432.005
Definitions 432.010
Center for Health Statistics 432.015
Rules 432.020
State registrar 432.025
Assistant state registrars 432.030
Duties of state registrar 432.033
Duties of state registrar related to confidentiality and security 432.035
County registrars 432.075
Duty to report information to state registrar 432.083
Requirements for institutions, health care practitioners and persons who transport dead bodies 432.088
Mandatory submission and registration of reports of live birth 432.093
Availability of voluntary acknowledgment of paternity form 432.098
Voluntary acknowledgment of paternity form 432.103
Full faith and credit 432.108
Report of live birth for child of unknown parentage 432.113
Delayed reports of live birth 432.118
Procedure for contesting refusal to register report of live birth or delayed report of live birth 432.133
Mandatory submission and registration of reports of death 432.138
Court orders for records of death 432.141
Annual reporting of opiate and opioid overdoses 432.143
Mandatory submission and registration of reports of fetal death 432.148
Commemorative Certificate of Stillbirth 432.153
Status of reports under ORS 435.496 432.158
Disposition of remains 432.163
Extensions for submitting reports of death or fetal death 432.173
Mandatory submission and registration of reports of marriage and reports of domestic partnership 432.178
Delayed report of marriage 432.183
Mandatory submission and registration of reports of dissolution of marriage and reports of dissolution of domestic partnership 432.223
Reports of adoption 432.228
Issuance of certified copy of record of live birth to adopted persons 432.235
Requirements for amending or correcting vital record 432.245
Replacing records of live birth 432.250
Access to adoption records 432.295
Preservation program 432.350
Vital records exempt from public disclosure 432.355
Disclosure of death filed in conjunction with claims or interests in land 432.360
Records of dissolution of marriage and dissolution of domestic partnership subject to full disclosure 432.380
Issuance of certified copies of records 432.385
Registering, amending or correcting record through fraud 432.435
Fees 432.440
County registrar sale of certified copies of records of live birth and death 432.445
Issuance of additional record of live birth 432.450
Grant program for issuance of certified copy of record of live birth to individual who is homeless 432.455
Birth Certificates for Homeless Persons Fund 432.500
Definitions 432.510
Cancer and tumor registry system 432.520
Reporting requirement 432.530
Confidentiality of information 432.540
Use of confidential data 432.550
Action for damages 432.570
No requirement or prohibition regarding operation of separate cancer and tumor registry 432.600
Establishment of committee 432.900
Civil penalty 432.993
Unlawful use of vital record or report 432.994
Unlawful use of vital record or report 432.995
Obstructing the keeping of vital records or reports
Green check means up to date. Up to date

Current through early 2024

§ 432.118’s source at oregon​.gov