Establishing an Unregistered Birth or Death

In Utah, an individual, an immediate family member, or a legal representative "may petition for a court order establishing the fact, time, and place of a birth or death that is not registered or for which a certified copy of the registered birth or death certificate is not obtainable." Utah Code 26-2-15(1). Such a proceeding must be brought where the birth or death occurred, where the individual currently resides, or where the individual resided upon death.

The petition must provide information regarding the date, time, and place of the birth or death and state that the vital record is unregistered or unobtainable. If all of the requirements of the statute are satisfied, the court will issue an order establishing the facts of a birth or death after a hearing.

Often, this statute is used by parents who adopt a child from a foreign country "not recognized by department rule as having an established vital records registration system." Obtaining a court order establishing the facts as to the child's birth is a prerequisite to the Department of Health issuing a birth certificate for the adopted child.

However, another situation where this statute can be very useful is for individuals trying to obtain dual citizenship in another country based on their ancestry. Proving ancestry based on official government documentation typically requires producing birth and/or death certificates. However, in Utah, a birth certificate can only be issued to a living person, and in the 1800s, it was not uncommon for births or deaths to occur without an accompanying vital record. In these cases, a court order pursuant to Utah Code 26-2-15(1) can satify the evidenciary requirement for ancestry even without an actual birth or death certificate.

Posted in: Probate