Legal Question in Family Law in Georgia

birth certificate and SSN

I am trying to obtain a birth certificate and a social security number for my son. I have been trying since he was born a year ago. I had no prenatal care throughout my pregnancy, I delivered my son by myself at my home with no witnesses. I then was going to give my son up for adoption, but after I got an adoption attorney, I decided to keep my son at the last moment. The hospital where my son was taken after the birth, say is that since he was not born in that hospital THEY cannot issue a certificate of birth. I currently have a Lawyer, through the state of GA�s Legal Aid, however it has been six months and she has yet to do anything. She say�s is a unique situation and she is unsure of what legal process to go through. My life as well as my son�s life has been put on hold because of this issue. He has several medical problems that need attention, but without his Birth Certificate and SSN it is extremely difficult for him to receive the necessary surgeries needed. I would just like to know exactly what steps I need to take or do in order to settle this whole ordeal. Thanks/.


Asked on 6/19/07, 2:39 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: birth certificate and SSN

Give your lawyer this codde section. If he is unable to get Vital Records to issue a certificate, as soon as they refuse, he can go into court. Here is the necessary code section (it's a pretty simple process):

� 31-10-12. Judicial procedure to establish facts of birth

(a) If a delayed certificate of birth is rejected under the provisions of Code Section 31-10-11, a petition signed and sworn to by the petitioner may be filed with a superior court in the county of residence of the person for whom a delayed certificate of birth is sought for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered and shall allege:

(1) That the person for whom a delayed certificate of birth is sought was born in this state;

(2) That no certificate of birth of such person can be found in the files of the State Office of Vital Records or the office of any local custodian of vital records;

(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section 31-10-11 and regulations adopted pursuant thereto;

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

(5) Such other allegations as may be required.

(b) The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section 31-10-11 and all documentary evidence which was submitted to the state registrar in support of such registration.

(c) The superior court shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days' notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding.

(d) If the superior court finds, from the evidence presented, that the person from whom a delayed certificate of birth is sought was so 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 by the state registrar, to establish a delayed certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented as prescribed by Code Section 31-10-11 and the date of the court's action.

(e) The clerk of superior court shall forward each such order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar and shall constitute the certificate of birth from which certified copies may be issued in accordance with this chapter.

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Answered on 6/19/07, 2:52 am


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