RSA 5-C:39 · Town and City Clerk Procedures for Delayed Certificate of Birth

5-C:39 Town and City Clerk Procedures for Delayed Certificate of Birth. –

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I.

The clerk of the town or city shall type a list on the delayed certificate of birth describing each document submitted to support the facts shown on the application for a delayed certificate of birth. The description required shall include: the title or description of the document; the name of the affiant, if the document is an affidavit of personal knowledge; the name of the custodian of the record, if the document is an original or certified copy of a record of a signed statement from the custodian; the date of the original filing of the document being listed; and the date the copy of the document was issued. The description required shall also include information regarding the birth facts contained in the document, including: the registrant's date of birth or age; the registrant's birthplace; the full maiden name of the registrant's mother; the full name of the registrant's father; and information regarding the proposed registrant which is in addition to the minimum documentary evidence required by RSA 5-C:38.

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II.

The clerk of the town or city shall review an application for delayed certificate of birth in order to: verify that the application and documentary evidence is provided in accordance with paragraph I; verify that no prior birth record is on file in the local records for the person whose birth is to be recorded; verify that the documentary evidence submitted establishes the facts of birth and meets the requirements of RSA 5-C:38; and, prepare a list of the documentary evidence to accurately reflect the nature and content of the documents.

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III.

If the documentary evidence verifies the facts of birth, the clerk of the town or city shall approve the application, sign and date the application, and forward it, along with the documentary evidence, to the state registrar.

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IV.

If the clerk of the town or city is unable to approve an application due to its failure to comply with RSA 5-C:38, he or she shall return the application to the applicant for correction.

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V.

If the clerk of the town or city is unable to approve an application because a prior birth record is on file in the local records for the person whose birth is to be recorded, the clerk of the town or city shall notify the applicant in writing of the denial.

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VI.

The state registrar and clerks of towns and cities shall not issue a certified copy of a delayed certificate of birth in any short form or a wallet size version. Source. 2005, 268:1, eff. Jan. 1, 2006.

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