(410 ILCS 535/15) (from Ch. 111 1/2, par. 73-15)
Sec. 15.
Procedure upon refusal to accept delayed record of birth.
(1) If a delayed record of birth is not accepted under the
provisions of Section 14, a petition may be filed with the circuit court
of the petitioner's county of birth, or, if a resident of Illinois, with
the circuit court of the county of his residence, or, if he resides in
another state, with any court of competent jurisdiction of that state, for
an order establishing a record of the date and place of the petitioner's
birth and his parentage.
(2) If the petition is filed in Illinois, it shall be made on a form
prescribed and furnished by the State Registrar of Vital Records and shall
allege:
(a) that the person for whom a delayed record of |
(e) such other allegations as may be required.
(3) If the petition is filed in another state, it shall contain
essentially the same allegations as set forth in subsection (2).
(4) The petition shall be accompanied by a statement of the State
Registrar of Vital Records who refused to accept a delayed record of birth,
and all documentary evidence which was submitted to that registration
official in support of such registration. The petition shall be sworn to by
the petitioner.
(5) The court shall fix a time and place for hearing the petition, and
the State Registrar of Vital Records who refused to accept the petitioner's
delayed record of birth shall be given 10 days' notice of the hearing. Such
official, or his authorized representative, may appear and testify in the
proceeding.
(6) If the court, from the evidence required herein and such other
evidence as is presented, finds that the person for whom a delayed record
of birth is sought was born in the State of Illinois, it shall make
findings as to the place and date of birth, parentage, and such other
findings as the petition may require and shall issue an order on a form
prescribed and furnished by the State Registrar of Vital Records 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 Section 14 of this Act, the date of the court's action, and
shall be marked as a court order.
(7) If the order is issued by a circuit court in this State, the clerk
of the court shall forward each such order to the State Registrar of Vital
Records. Such order shall be registered by the State Registrar of Vital
Records and shall constitute the record of birth, from which copies may be
issued in accordance with Section 25 of this Act.
(8) If the order is issued by a court of competent jurisdiction in
another state, the petitioner may forward a certified copy of the order to
the State Registrar of Vital Records. Such order shall be registered by the
State Registrar of Vital Records and shall constitute the record of birth,
from which copies may be issued in accordance with Section 25 of this
Act.
(Source: P.A. 91-357, eff. 7-29-99.)
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