Home Page
Previous Page
 

Petition for Order Establishing Fact of Birth


Talk to an attorney

The information on this page is not a substitute for legal advice. You are not required to hire an attorney, but legal matters can be complicated. Consider talking to an attorney to go over your options.

See our Finding Legal Help page for information about ways to get legal help. One way to talk to an attorney is to visit a free legal clinic. Clinics provide general legal information and give brief legal advice. You might also hire an attorney for just part of your case or to do one particular thing, rather than represent you for the whole case. Legal help is also available at discounted rates for people with modest incomes.


Utah birth certificate requirements

When a child is born in Utah, a certificate must be filed with the local registrar (county clerk) within 10 days of the child's birth. (Utah Code Section 26-2-5(2)). If the child is born in a hospital or birthing center, they take care of that requirement. Someone else will need to take care of that requirement if a child is born at some other place, such as at home, or on the way to the hospital.

If a certificate is not filed within a year of the child's birth, then an application must be made for a delayed birth certificate. Utah Code Section 26-2-8 and Utah Administrative Code R436-4-3 (rules.utah.gov).


Who can register a delayed birth certificate

Utah Administrative Code R436-4-3 specifies who may register a delayed birth certificate:

  • The person whose birth was not registered (if they are 18 or older),

Or if the person is under 18:

  • Their parent(s) or guardian
  • Their next of kin
  • A person older than them who has personal knowledge of the facts of their birth

Facts required for a delayed birth certificate

Utah Administrative Code R436-4-4 (rules.utah.gov) specifies what facts are required for a delayed birth certificate

  • The full name of the person at the time of birth;
  • The date and place of birth;
  • The full maiden name of the mother;
  • The full name of the father; (except that if the mother was not married either at the time of conception or at any time during pregnancy, the name of the father shall not be entered on the delayed certificate except as provided in R436-3-5 (rules.utah.gov) of the Utah Administrative Code.

Documents that can prove fact of birth

Utah Administrative Code R436-4-6 (rules.utah.gov) lists the kinds of evidence that are acceptable to prove the facts of birth:

  • Census records
  • Hospital records
  • Church records
  • School records
  • An affidavit of personal knowledge prepared by one or both parents, other relative, or any person older than the registrant who has knowledge of the facts.

If a request for delayed birth certificate is denied

If the Office of Vital Records and Statistics denies a request for a delayed birth certificate, the person may file a petition with the district court requesting an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. The petition is filed in the district court of the county where the petitioner resides or in the judicial district for Salt Lake City Utah Code Section 26-2-9.


Forms

Use the Checklist to help you understand and complete the forms. The Checklist is not filed with the court or served on the other party.

Forms to ask to establish fact of birth of an adult

  • Checklist - PDF Document PDF | Word Document Word
  • Civil Coversheet - PDF Document PDF | Word Document Word
  • Petition for Order Establishing Fact of Birth – Adult - PDF Document PDF | Word Document Word
  • Order Establishing Fact of Birth - PDF Document PDF (health.utah.gov - Office of Vital Records and Statistics)

Forms to ask to establish fact of birth of a minor child

  • Checklist - PDF Document PDF | Word Document Word
  • Civil Coversheet - PDF Document PDF | Word Document Word
  • Petition for Order Establishing Fact of Birth - Minor - PDF Document PDF | Word Document Word
  • Order Establishing Fact of Birth - PDF Document PDF (vitalrecords.utah.gov - Office of Vital Records and Statistics)

Related Information

The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.


Page Last Modified: 8/22/2016
Return to Top

Facebook YouTube Twitter RSS Feeds


Close ×