WSR 15-09-141
[Filed April 22, 2015, 10:23 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-24-020.
Title of Rule and Other Identifying Information: WAC 246-490-080, 246-490-081 and 246-490-082, adding new sections for delayed registration and certificate of birth.
Hearing Location(s): Department of Health, Town Center Two, Room 158, 111 Israel Road S.E., Tumwater, WA 98501, on May 28, 2015, at 10:00 a.m.
Date of Intended Adoption: June 15, 2015.
Submit Written Comments to: Kris Reichl, Center for Health Statistics, P.O. Box 47814, Olympia, WA 98504-7814, e-mail, fax (360) 753-4135, by May 28, 2015.
Assistance for Persons with Disabilities: Contact Kris Reichl by May 22, 2015, TTY (800) 833-6388 or 711.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of the proposed rules is to strengthen requirements for registration of delayed birth certificates. The rules define who can apply and forms required, establish the type and number of documentary evidence accepted, allow for a broad combination of documents if needed, define the facts the document must establish, clarify how long the documents must have been established for, identify timelines for registering, allow for validation of authenticity, and align requirements for establishing a second parent with the Uniform Parentage Act (chapter 26.26 RCW).
Reasons Supporting Proposal: To establish a standard process and requirements for persons requesting a delayed birth certificate and to reduce the risk of registering a fraudulent certificate. A person may need to request a delayed birth certificate when he or she was born at home without medical assistance and his or her parent(s) never registered the birth, or when registration of the birth cannot be found on file with the department or with the county of birth.
Statutory Authority for Adoption: RCW 43.70.150 and 70.58.082.
Statute Being Implemented: RCW 70.58.082.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of health, governmental.
Name of Agency Personnel Responsible for Drafting: Kris Reichl, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4311; Implementation: Joni Sanchez, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4365; and Enforcement: Jean Remsbecker, 101 Israel Road S.E., Tumwater, WA 98501, (360) 236-4330.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rule would not impose more than minor costs on businesses in an industry.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 (5)(b)(ii) exempts rules that relate only to internal governmental operations that are not subject to violation by a nongovernment party. A preliminary cost-benefit analysis may be obtained by contacting Kris Reichl, P.O. Box 47814, Olympia, WA 98504-7814, phone (360) 236-4311, fax (360) 753-4135, e-mail
April 21, 2015
John Wiesman, DrPH, MPH
Delayed Registration of Births
WAC 246-490-080 Delayed birth certificateRequesting registration.
(1) An interested person may request registration of a live birth that occurred in Washington state when no birth record is found on file with the department.
(2) Interested person means:
(a) A person registering his or her own birth if age eighteen or older; or
(b) The parent(s) or guardian(s) if the person who is the subject of the delayed birth certificate is under age eighteen.
(3) An interested person shall obtain a letter from the department stating no record was found on file before requesting a delayed birth certificate.
(4) By requesting a delayed birth certificate, the requestor is attesting to the fact that no birth record is on file with another jurisdiction and the person was born in Washington state.
(5) A request for registration of a delayed birth certificate must include:
(a) A completed delayed birth certificate form signed by the requestor;
(b) Documentary evidence required by WAC 246-490-081;
(c) A copy of the no record found letter required in subsection (3) of this section;
(d) Fee(s) as required by RCW 70.58.107 if requesting certified copies of the delayed birth certificate.
(6) A delayed registration of birth is not required for a child under the age of four if the attending physician or midwife is available and registers the birth with the department.
WAC 246-490-081 Delayed birth certificateDocumentary evidence required.
(1) If the person is under age twelve, the facts concerning date of birth, place and parentage of birth must be established by at least two pieces of documentary evidence, only one of which may be a sworn statement; or
(2) If the person is age twelve and over, the facts concerning date of birth and place must be established by at least three pieces of documentary evidence, only one of which may be a sworn statement. One piece of documentary evidence must establish parentage.
(3) Documentary evidence for establishing parentage is required for both parents if more than one parent is to be listed on the request. If the parents were not married at the time of birth or during the pregnancy and the person is under age eighteen, a paternity acknowledgment or court order is required to include the second parent on the delayed birth certificate.
(4) The documentary evidence must be from independent sources and must have been established prior to the person's fourth birthday or be at least five years old, or based on records established at least five years prior to the date of the request.
(5) Documentary evidence may include, but is not limited to, the following:
(a) Military records;
(b) Numident report, which is a Social Security Administration report of information from the original application for Social Security card;
(c) Hospital or medical records;
(d) Federal census records;
(e) School enrollment records;
(f) Newspaper notice of birth with the date published and name of paper on the same page;
(g) Voter registration application that includes name, date, and place of birth;
(h) A sworn statement as defined in subsection (6) of this section;
(i) A combination of documents deemed adequate by the state registrar for establishing the facts concerning the birth.
(6) A sworn statement must made by a person who has knowledge of the facts of birth. The statement must be on a form provided by the state registrar, notarized by an authorized notary public, and include:
(a) The full name of the person whose birth is being registered;
(b) The names of his or her parent(s);
(c) Marital status of parent(s) during the pregnancy or at the time of birth;
(d) The date and place of birth of the person whose birth is being registered;
(e) A detailed statement of how the person knows the facts to be true.
WAC 246-490-082 Delayed birth certificateVerification and registration.
(1) The state registrar may verify the authenticity and accuracy of documentary evidence provided by the requestor.
(2) If the request for registration is incomplete, the department will notify the requestor. An incomplete request for registration of a delayed birth certificate will be returned to the requestor if not completed within one year.
(3) The department will not register a delayed birth certificate for a deceased person.
(4) Any person born in this state who is unable to meet the requirements for a delayed registration of birth may petition the superior court of the county of residence or county of birth for an order establishing a record of the date and place of his or her birth, and his or her parentage as allowed by RCW 70.58.145.