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Terms Used In 10 Guam Code Ann. § 3212

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Oath: A promise to tell the truth.
(a) Birth:

(1) When a birth of a person either born in Guam, or who is a non-U.S. citizen born in a foreign country and adopted by a resident of Guam has not been registered, a certificate may be filed in accordance with the regulations of the Office of Vital Statistics. Such certificate shall be registered subject to such evidentiary requirements as the Office of Vital Statistics shall by regulation prescribe to substantiate the alleged facts of birth.

(2) certificates of birth registered seven (7) years or more after the date of occurrence shall be marked “”Delayed”” and show on their face the date of delayed registration.

(3) In all instances of delayed birth registration, the following facts concerning the person whose birth is to be registered are required and must be established: Date of birth; place of birth; and parentage.

(4) When an applicant does not submit the minimum documentation required in the regulation for delayed registration, or when the Guam Registrar of Vital Statisticsfinds reason to question the validity or adequacy of the certificate or the documentary evidence, the Guam Registrar shall not register the delayed certificate and shall advise the applicant of the reasons for this action.

(5) If the person whose birth is to be recorded be a child under the age of eighteen (18) years, the birth certificate shall be signed by one of the following in the indicated order of priority:

(A) The attendant at birth;

(B) By either parent or adoptive parent; (C) By the child’s guardian; or
(D) By relatives in the next immediate degree of kindred; provided, that each person signing a certificate shall attest under oath to his belief in the truth of the statements made concerning the age, birthplace, and parentage of the person whose birth is being recorded.

(6) If the person whose birth is to be recorded be of legal age, the date of birth and place of birth shall be supported by at least two (2) documents of which only one (1) may be an affidavit; the facts of parentage must be supported by at least one (1) document which may be one (1) of the two (2) submitted as evidence of the other facts.

(b) Death and marriage:
(1) When a death or marriage in Guam has not been registered, a certificate may be filed in accordance with regulations of the Office of Vital Statistics. Such certificate shall be registered subject to such evidentiary requirements as the Office shall by regulation prescribe to substantiate the alleged facts of death or marriage.
(2) Certificates of death and marriage registered one (1) year or more after the date of occurrence shall be marked “”Delayed”” and shall show on their face the date of the delayed registration.
SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Subsection (a)
amended by P.L. 28-031:2 (April 22, 2005).2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.