ORS 432.142¹
Procedure when application for delayed certificate denied

(1) If the State Registrar of the Center for Health Statistics refuses to file a delayed certificate of birth under the provisions of ORS 432.140 (Application for delayed certificates), 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 birth and the parentage of the person whose birth is to be registered.

(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 delayed certificate of birth is sought was born in this state;

(b) That no certificate of birth of the person can be found in the records of the Center for Health Statistics;

(c) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with ORS 432.140 (Application for delayed certificates) and rules adopted pursuant thereto;

(d) That the state registrar has refused to file a delayed certificate of birth; and

(e) Such other allegations as may be required under ORS 183.480 (Judicial review of agency orders) and 183.484 (Jurisdiction for review of orders other than contested cases).

(3) The petition shall be accompanied by a statement made in accordance with ORS 432.140 (Application for delayed certificates) and all documentary evidence which was submitted to the state registrar in support of the filing.

(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 delayed certificate of birth is sought was born in this state, it shall make findings as to the place and date of 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 certificate of birth. This order shall include the 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 each order to the state registrar not later than the 10th day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the certificate of birth. [Formerly 432.135; 1997 c.783 §20]

See also annota­tions under ORS 432.135 in permanent edi­tion.

Notes of Decisions

Courts do not have the power to reissue birth certificates with a change of sex in absence of any apparent legislative intent to confer such power under this sec­tion. K. v. Health Division, 277 Or 371, 560 P2d 1070 (1977)

1 Legislative Counsel Committee, CHAPTER 432—Vital Statistics, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors432.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 432, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­432ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information