(1) If the State Registrar of the Center for Health Statistics refuses to register a report of live birth or a delayed report of live birth under the provisions of ORS § 432.088 or 432.113, the applicant may file a signed and sworn petition with a court of competent jurisdiction seeking an order establishing a record of the date and place of live birth and the parentage of the person whose birth is to be registered.

Terms Used In Oregon Statutes 432.118

  • Authorized representative: means an agent designated in a written statement signed by the registrant or other qualified applicant, the signing of which was witnessed. See Oregon Statutes 432.005
  • Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
  • Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
  • State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
  • Testify: Answer questions in court.

(2) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:

(a) That the person for whom a record of live birth or a delayed record of live birth is sought was born in this state and no record of live birth or delayed record of live birth of the person can be found in the records of the Center for Health Statistics;

(b) That diligent efforts by the petitioner have failed to obtain the evidence required for submitting a report of live birth or a delayed report of live birth in accordance with ORS § 432.088 or 432.113 and rules adopted under ORS § 432.088 or 432.113;

(c) That the state registrar has refused to register a report of live birth or a delayed report of live birth; and

(d) Other allegations as may be required under ORS § 183.484.

(3) The petition must be served on the state registrar and accompanied by all documentary evidence that was submitted to the state registrar in support of the petition.

(4) The court shall fix a time and place for hearing the petition and shall give the state registrar notice of the hearing. The state registrar or an authorized representative may appear and testify in the proceeding.

(5) If the court finds, from the evidence presented, that the person for whom a record of live birth or a delayed record of live birth is sought was born in this state, it shall make findings as to the place and date of live birth, parentage and such other findings as may be required and shall issue an order, on a form prescribed and furnished or approved by the state registrar, to establish a court-ordered record of live birth or delayed record of live birth. This order shall include the live birth data to be registered, a description of the evidence presented and the date of the court’s action.

(6) The clerk of the court shall forward a certified copy of each order to the state registrar twice a month as adopted by the state registrar by rule. The order must be used to register a report of live birth or a delayed report of live birth for the person. The record of live birth or delayed record of live birth must include a statement that it was registered on the basis of a court order. [Formerly 432.142]

 

[1973 c.829 § 11; 1979 c.426 § 1; 1983 c.709 § 33; 1997 c.783 § 13; 2009 c.595 § 612; repealed by 2013 c.366 § 88]

 

[Amended by 1983 c.709 § 20; repealed by 1997 c.783 § 14 (432.121 enacted in lieu of 432.120)]

 

[1997 c.783 § 15 (enacted in lieu of 432.120); 1999 c.254 § 1; 1999 c.312 § 3; 2001 c.838 § 23; 2003 c.380 § 8; 2007 c.703 § 9; 2013 c.366 § 33; renumbered 432.350 in 2013]

 

[1983 c.709 § 24; 1997 c.783 § 18; repealed by 2013 c.366 § 88]

 

[1999 c.254 § 7; 2013 c.366 § 34; renumbered 432.355 in 2013]

 

[Repealed by 1983 c.709 § 45]

 

[Amended by 1983 c.709 § 25; repealed by 2013 c.366 § 88]

 

(Reports of Death and Fetal Death)

 

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