(a) If a delayed certificate of birth is rejected under the provisions of § 3212 of this Article, a petition may be filed with the Superior Court of Guam for an order establishing a record of the date and place of birth and the parentage of the person whose birth is to be registered.

(b) Such petition shall allege:

(l) That the person for whom delayed certificate of birth is sought was born in Guam, or is a non-U.S. citizen born in a foreign country and adopted by a resident of Guam;

(2) That no record of birth can be found in the Office of Vital Statistics;

(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 3212 of this Article;

(4) That the Guam Registrar of Vital Statistics has refused to register a delayed certificate of birth; and

(5) Such other allegations as may be required.

(c) The petition shall be accompanied by a statement of the registration official made in accordance with Subsection (a)(4) of said § 3212 and all documentary evidence which was submitted to the registration official in support of such registration. The petition shall be sworn to by the petitioner.

(d) The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner’s delayed certificate of birth five (5) days’ notice of said hearing. Such official or his authorized representative, may appear and testify in the proceedings.

(e) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in Guam, or is a non-U.S. citizen born in a foreign country and adopted by a resident of Guam, it shall make findings as to placeand date of birth, parentage and such other findings as the case may require, and shall issue an order on a form prescribed and furnished by the Guam Registrar of Vital Statistics to establish a record of birth. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by said § 3212, and the date of the court’s action.

(f) The Clerk of the Superior Court shall forward each such order to the Guam Registrar of Vital Statistics not later than the tenth (l0th) day of the calendar month following the month in which it was entered. Such order shall be registered by the Guam Registrar of Vital Statistics and shall constitute the record of birth, from which copies may be issued in accordance with § 3226 of this Article.

(g) Any person who objects to the accuracy of any of the information on a certificate of birth may petition the Superior Court to correct the certificate, using the same procedures as for obtaining a change of name.

SOURCE: Added by P.L. 22-130:2 (May 31, 1994). Amended by P.L.
28-031:3 (April 22, 2005).

2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.