Vital Statistics

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]

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)

Source

Last accessed
Mar. 11, 2023

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