New Hampshire Revised Statutes 5-C:38 – Application for Delayed Certificate of Birth
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I. When a birth record of a living person in the state of New Hampshire has not been filed within 6 months of birth, or 12 months if the birth occurred in a hospital, the registrant, parent, or legal guardian shall register the birth record with the clerk of the town or city in which the birth occurred.
II. The clerk of the town or city shall mark the birth record prepared under paragraph I “Delayed.”
III. In the case of a live person allegedly born in the state of New Hampshire whose birth is not registered in a New Hampshire city or town, at the division, or in a bordering state, the registrant, or his or her parent or legal guardian, may apply for a delayed certificate of birth in writing or in person with the clerk of the city or town where his or her birth allegedly occurred by submitting: the completed form established by the division for that purpose; the documentary evidence required under this section; and the fee established by N.H. Rev. Stat. § 5-C:10.
IV. An application for a delayed certificate of birth shall contain the registrant’s full name at birth; the registrant’s date of birth; the registrant’s sex; the registrant’s place of birth; the registrant’s city or town and county of birth; the registrant’s father’s full name and state or country of birth; the registrant’s mother’s full maiden name and state or country of birth; the signature and present address of applicant, if such person is 18 years of age or over, except that a married female applicant shall use her maiden name for signature; and the signature of a justice of the peace, or the signature and seal of a notary public, the date signed and the date his or her commission expires.
V. If the applicant is under 18 years of age, the application shall be signed and sworn to by one of the following acting on behalf of a living registrant and having personal knowledge of the facts of birth: either of the parents of the proposed registrant, cosigned by one of the grandparents if the parents are not of legal age; the legal guardian of the proposed registrant; or the legal representative having power of attorney over the proposed registrant.
VI. The applicant for delayed certificate of birth shall submit to the clerk of the town or city of birth occurrence the following documentary evidence to substantiate the name of the registrant and the date and place of birth entered on the application: at least 3 pieces of evidence as described in paragraph VIII, one of which shall be a record which was made before the first birthday of the registrant, or at least 4 pieces of evidence as described in paragraph VIII, all of which were made after the first birthday of the registrant.
VII. The facts of parentage of the registrant shall be supported by at least one of the documents in paragraph VIII other than an affidavit of personal knowledge.
VIII. Acceptable pieces of evidence to provide proof of the registrant’s place and date of birth shall include but not be limited to, in order of priority:
(a) A notarized statement from the medical information department in the hospital of birth or from the clinical records where the registrant received treatments.
(b) A notarized statement from the physician, midwife, mother or father of the registrant.
(c) A baptismal certificate of the registrant.
(d) Elementary school records from the school district or equivalent stating the date and place of birth of the registrant and the name of at least one parent.
(e) A census report from the United States Department of Commerce, Bureau of the Census.
(f) The marriage record of the registrant stating the date and place of birth.
(g) A notarized affidavit of personal knowledge from the applicant or others attesting to the facts of the registrant’s birth, limited to one per application.
(h) Birth records of siblings whose births surrounded that of the registrant.
(i) Insurance policies indicating the registrant’s birth.
(j) Family bible records.
IX. An affidavit of personal knowledge, as described in paragraph VIII, shall be prepared by any person who has signed the affidavit before a notary public or a justice of the peace; is at least 10 years older than the applicant; is at least 18 years old; has personal knowledge of the facts of birth; and states in the affidavit why he or she knows and remembers the date of birth and states his or her relationship to the proposed registrant.
X. If the city or town of alleged birth borders on a neighboring state, the applicant shall provide a “no record” statement from the neighboring state, acknowledging that the birth record in question is not on file with that state. It shall not be considered a piece of evidence or part of the minimum documentation required under this section.
II. The clerk of the town or city shall mark the birth record prepared under paragraph I “Delayed.”
Terms Used In New Hampshire Revised Statutes 5-C:38
- 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.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- seal: shall include an impression of the official seal made upon the paper alone, as well as an impression thereof made by means of wax, or a wafer, affixed thereto. See New Hampshire Revised Statutes 21:11
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. In the case of a live person allegedly born in the state of New Hampshire whose birth is not registered in a New Hampshire city or town, at the division, or in a bordering state, the registrant, or his or her parent or legal guardian, may apply for a delayed certificate of birth in writing or in person with the clerk of the city or town where his or her birth allegedly occurred by submitting: the completed form established by the division for that purpose; the documentary evidence required under this section; and the fee established by N.H. Rev. Stat. § 5-C:10.
IV. An application for a delayed certificate of birth shall contain the registrant’s full name at birth; the registrant’s date of birth; the registrant’s sex; the registrant’s place of birth; the registrant’s city or town and county of birth; the registrant’s father’s full name and state or country of birth; the registrant’s mother’s full maiden name and state or country of birth; the signature and present address of applicant, if such person is 18 years of age or over, except that a married female applicant shall use her maiden name for signature; and the signature of a justice of the peace, or the signature and seal of a notary public, the date signed and the date his or her commission expires.
V. If the applicant is under 18 years of age, the application shall be signed and sworn to by one of the following acting on behalf of a living registrant and having personal knowledge of the facts of birth: either of the parents of the proposed registrant, cosigned by one of the grandparents if the parents are not of legal age; the legal guardian of the proposed registrant; or the legal representative having power of attorney over the proposed registrant.
VI. The applicant for delayed certificate of birth shall submit to the clerk of the town or city of birth occurrence the following documentary evidence to substantiate the name of the registrant and the date and place of birth entered on the application: at least 3 pieces of evidence as described in paragraph VIII, one of which shall be a record which was made before the first birthday of the registrant, or at least 4 pieces of evidence as described in paragraph VIII, all of which were made after the first birthday of the registrant.
VII. The facts of parentage of the registrant shall be supported by at least one of the documents in paragraph VIII other than an affidavit of personal knowledge.
VIII. Acceptable pieces of evidence to provide proof of the registrant’s place and date of birth shall include but not be limited to, in order of priority:
(a) A notarized statement from the medical information department in the hospital of birth or from the clinical records where the registrant received treatments.
(b) A notarized statement from the physician, midwife, mother or father of the registrant.
(c) A baptismal certificate of the registrant.
(d) Elementary school records from the school district or equivalent stating the date and place of birth of the registrant and the name of at least one parent.
(e) A census report from the United States Department of Commerce, Bureau of the Census.
(f) The marriage record of the registrant stating the date and place of birth.
(g) A notarized affidavit of personal knowledge from the applicant or others attesting to the facts of the registrant’s birth, limited to one per application.
(h) Birth records of siblings whose births surrounded that of the registrant.
(i) Insurance policies indicating the registrant’s birth.
(j) Family bible records.
IX. An affidavit of personal knowledge, as described in paragraph VIII, shall be prepared by any person who has signed the affidavit before a notary public or a justice of the peace; is at least 10 years older than the applicant; is at least 18 years old; has personal knowledge of the facts of birth; and states in the affidavit why he or she knows and remembers the date of birth and states his or her relationship to the proposed registrant.
X. If the city or town of alleged birth borders on a neighboring state, the applicant shall provide a “no record” statement from the neighboring state, acknowledging that the birth record in question is not on file with that state. It shall not be considered a piece of evidence or part of the minimum documentation required under this section.