08 LC 28
3257/AP
House
Bill 111 (AS PASSED HOUSE AND SENATE)
By:
Representative Scott of the
153rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating
to vital records, so as to permit petitions for delayed birth certificates to be
filed in the probate court as well as the superior court; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
10 of Title 31 of the Official Code of Georgia Annotated, relating to vital
records, is amended by revising Code Section 31-10-12, relating to judicial
procedure to establish facts of birth, as follows:
"31-10-12.
(a)
If a delayed certificate of birth is rejected under the provisions of Code
Section 31-10-11, a petition signed and sworn to by the petitioner may be filed
with
a
in either
the superior court
or the probate
court in the county of residence of the
person for whom a delayed certificate of birth is sought for 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 and shall allege:
(1)
That the person for whom a delayed certificate of birth is sought was born in
this state;
(2)
That no certificate of birth of such person can be found in the files of the
State Office of Vital Records or the office of any local custodian of vital
records;
(3)
That diligent efforts by the petitioner have failed to obtain the evidence
required in accordance with Code Section 31-10-11 and regulations adopted
pursuant thereto;
(4)
That the state registrar has refused to register a delayed certificate of birth;
and
(5)
Such other allegations as may be required.
(b)
The petition shall be accompanied by a statement of the state registrar made in
accordance with Code Section 31-10-11 and all documentary evidence which was
submitted to the state registrar in support of such registration.
(c)
The superior court
or probate
court, as the case may be, shall fix a
time and place for hearing the petition and shall give the state registrar not
less than ten days´ notice of said hearing. The state registrar or his
authorized representative may appear and testify in the proceeding.
(d)
If the superior court
or probate
court finds, from the evidence presented,
that the person from whom a delayed certificate of birth is sought was
so
born in this state, it shall make findings
as to the place and date of birth, parentage, and such other findings as may be
required and shall issue an order, on a form prescribed and furnished by the
state registrar, to establish a delayed certificate of birth. This order shall
include the birth data to be registered, a description of the evidence presented
as prescribed by Code Section
31-10-11,
and the date of the court´s action.
(e)
The clerk of superior court
or the probate
court, as the case may be, shall forward
each such order to the state registrar not later than the tenth day of the
calendar month following the month in which it was entered. Such order shall be
registered by the state registrar and shall constitute the certificate of birth
from which certified copies may be issued in accordance with this
chapter."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.