{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-260.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-260.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-260.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-260.html"}],"law_id":67380,"edition_id":1,"section_id":67380,"structure_id":14406,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","history":"Code 1950, \u00a7 32-353.18; 1954, c. 201; 1956, c. 260; 1960, c. 451; 1979, c. 711; 1983, c. 240.","full_text":"A\n\nIf a delayed certificate of birth is rejected under the provisions of § 32.1-259, a petition 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 may be filed with the circuit court of the county or city in which the person resides; or if the person is a citizen of this Commonwealth without a fixed residence or a resident of another state, the petition may be to the circuit court of the county or city in which such person’s birth occurred. In case of a minor who has no parent or guardian, the application may be made by his next friend.B\n\nSuch petition shall allege:1\n\nThat the person for whom a delayed certificate of birth is sought was born in this Commonwealth;2\n\nThat no record of birth of such person can be found in the records of the State Registrar or the county or city registrar;3\n\nThat diligent efforts by the petitioner have failed to obtain the evidence required by regulations pursuant to § 32.1-259; and4\n\nThat the State Registrar has refused to register a delayed certificate of birth; and5\n\nSuch other allegations as may be required.C\n\nThe petition shall be accompanied by the notice of the State Registrar made in accordance with subdivision D 1 of § 32.1-259 and all documentary evidence which was submitted to the State Registrar in support of such registration.D\n\nThe court shall fix a time and place for hearing the petition and the petitioner shall give the State Registrar five days’ notice of said hearing. The State Registrar, or his authorized representative, may appear and testify in the proceeding.E\n\nIf the court finds from the evidence presented that the person for whom a delayed certificate of birth is sought was born in this Commonwealth, 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 to establish a record of birth on a form furnished by the State Registrar. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by § 32.1-259, and the date of the court’s action.F\n\nThe clerk of court shall forward each such form to the State Registrar not later than the tenth day of the calendar month following the month in which the order was entered. Such form shall be registered by the State Registrar and shall constitute the certificate of birth, from which certifications may be issued in accordance with § 32.1-272.","order_by":null,"text":{"0":{"id":244156,"text":"If a delayed certificate of birth is rejected under the provisions of § 32.1-259, a petition 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 may be filed with the circuit court of the county or city in which the person resides; or if the person is a citizen of this Commonwealth without a fixed residence or a resident of another state, the petition may be to the circuit court of the county or city in which such person’s birth occurred. In case of a minor who has no parent or guardian, the application may be made by his next friend.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244157,"text":"Such petition shall allege:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":244158,"text":"That the person for whom a delayed certificate of birth is sought was born in this Commonwealth;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":244159,"text":"That no record of birth of such person can be found in the records of the State Registrar or the county or city registrar;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":244160,"text":"That diligent efforts by the petitioner have failed to obtain the evidence required by regulations pursuant to § 32.1-259; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":244161,"text":"That the State Registrar has refused to register a delayed certificate of birth; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":244162,"text":"Such other allegations as may be required.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":244163,"text":"The petition shall be accompanied by the notice of the State Registrar made in accordance with subdivision D 1 of § 32.1-259 and all documentary evidence which was submitted to the State Registrar in support of such registration.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":244164,"text":"The court shall fix a time and place for hearing the petition and the petitioner shall give the State Registrar five days’ notice of said hearing. The State Registrar, or his authorized representative, may appear and testify in the proceeding.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":244165,"text":"If the court finds from the evidence presented that the person for whom a delayed certificate of birth is sought was born in this Commonwealth, 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 to establish a record of birth on a form furnished by the State Registrar. This order shall include the birth data to be registered, a description of the evidence presented in the manner prescribed by § 32.1-259, and the date of the court’s action.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"10":{"id":244166,"text":"The clerk of court shall forward each such form to the State Registrar not later than the tenth day of the calendar month following the month in which the order was entered. Such form shall be registered by the State Registrar and shall constitute the certificate of birth, from which certifications may be issued in accordance with § 32.1-272.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14406,"edition_id":1,"name":"Birth Certificates","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14405,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":204199,"object_type":"structure","relational_id":14406,"identifier":"2","token":"32.1\/7\/2","url":"\/32.1\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14405,"edition_id":1,"name":"Vital Records","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:48:01","date_modified":"2026-06-26 03:48:01","permalink":{"id":204163,"object_type":"structure","relational_id":14405,"identifier":"7","token":"32.1\/7","url":"\/32.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":82311,"structure_id":14406,"section_number":"32.1-257","catch_line":"Filing birth certificates; from whom required; signatures of parents","url":"\/32.1-257\/","token":"32.1\/7\/2\/32.1-257","metadata":false},{"id":82744,"structure_id":14406,"section_number":"32.1-257.1","catch_line":"Parents to report social security account number at time of child's birth","url":"\/32.1-257.1\/","token":"32.1\/7\/2\/32.1-257.1","metadata":false},{"id":68341,"structure_id":14406,"section_number":"32.1-258","catch_line":"Report of foundling; constitutes birth certificate","url":"\/32.1-258\/","token":"32.1\/7\/2\/32.1-258","metadata":false},{"id":68527,"structure_id":14406,"section_number":"32.1-258.1","catch_line":"Certificate of Birth Resulting in Stillbirth; requirements","url":"\/32.1-258.1\/","token":"32.1\/7\/2\/32.1-258.1","metadata":false},{"id":84481,"structure_id":14406,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","url":"\/32.1-259\/","token":"32.1\/7\/2\/32.1-259","metadata":false},{"id":67380,"structure_id":14406,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","url":"\/32.1-260\/","token":"32.1\/7\/2\/32.1-260","metadata":false},{"id":79948,"structure_id":14406,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","url":"\/32.1-261\/","token":"32.1\/7\/2\/32.1-261","metadata":false},{"id":55749,"structure_id":14406,"section_number":"32.1-261.1","catch_line":"Repealed","url":"\/32.1-261.1\/","token":"32.1\/7\/2\/32.1-261.1","metadata":false}],"previous_section":{"id":84481,"structure_id":14406,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","url":"\/32.1-259\/","token":"32.1\/7\/2\/32.1-259","metadata":false},"next_section":{"id":79948,"structure_id":14406,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","url":"\/32.1-261\/","token":"32.1\/7\/2\/32.1-261","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-260\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 201; in 1956, chapter 260; in 1960, chapter 451; in 1979, chapter 711; in 1983, chapter 240.<\/p>","references":[{"id":79948,"section_number":"32.1-261","catch_line":"New certificate of birth established on proof of adoption, legitimation, or determination of paternity, or change of sex","order_by":null,"url":"\/32.1-261\/"},{"id":85810,"section_number":"63.2-503.1","catch_line":"Legal presence required for public assistance; exceptions; proof of legal presence","order_by":null,"url":"\/63.2-503.1\/"}],"refers_to":[{"id":84481,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","order_by":null,"url":"\/32.1-259\/"},{"id":60853,"section_number":"32.1-272","catch_line":"Certified copies of vital records; other copies","order_by":null,"url":"\/32.1-272\/"}],"permalink":{"id":204221,"object_type":"law","relational_id":67380,"identifier":"32.1-260","token":"32.1\/7\/2\/32.1-260","url":"\/32.1-260\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-260\/","token":"32.1\/7\/2\/32.1-260","dublin_core":{"Title":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-260","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a delayed certificate of birth is rejected under the provisions of § 32.1-259<\/a>, a petition<\/span> for an order<\/span> establishing a record of the date and place of the birth and the parentage of the person<\/span> whose birth is to be registered may be filed with the circuit<\/span> court<\/span> of the county or city in which the person<\/span> resides; or if the person<\/span> is a citizen of this Commonwealth without a fixed residence or a resident of another state, the petition<\/span> may be to the circuit<\/span> court<\/span> of the county or city in which such person<\/span>’s birth occurred. In case of a minor<\/span> who has no parent or guardian, the application may be made by his next friend. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such petition<\/span> shall allege: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> That the person<\/span> for whom a delayed certificate of birth is sought was born in this Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> That no record of birth of such person<\/span> can be found in the records of the State Registrar or the county or city registrar; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> That diligent efforts by the petitioner have failed to obtain the evidence<\/span> required by regulations pursuant to § 32.1-259<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> That the State Registrar has refused to register a delayed certificate of birth; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Such other allegations<\/span> as may be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The petition<\/span> shall be accompanied by the notice of the State Registrar made in accordance with subdivision D 1 of § 32.1-259<\/a> and all documentary evidence<\/span> which was submitted to the State Registrar in support of such registration<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The court<\/span> shall fix a time and place for hearing<\/span> the petition<\/span> and the petitioner shall give the State Registrar five days’ notice of said hearing<\/span>. The State Registrar, or his authorized representative, may appear and testify in the proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court<\/span> finds from the evidence<\/span> presented that the person<\/span> for whom a delayed certificate of birth is sought was born in this Commonwealth, it shall make findings<\/span> as to the place and date of birth, parentage, and such other findings<\/span> as may be required and shall issue<\/span> an order<\/span> to establish a record of birth on a form furnished by the State Registrar. This order<\/span> shall include the birth data to be registered, a description of the evidence<\/span> presented in the manner prescribed by § 32.1-259<\/a>, and the date of the court<\/span>’s action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The clerk of court<\/span> shall forward each such form to the State Registrar not later than the tenth day of the calendar month following the month in which the order<\/span> was entered. Such form shall be registered by the State Registrar and shall constitute the certificate of birth, from which certifications may be issued in accordance with § 32.1-272<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR COURT ORDER ESTABLISHING RECORD OF BIRTH WHEN DELAYED CERTIFICATE\nREJECTED; HEARING; NOTICE; FINDINGS; REGISTRATION OF COURT ORDER (\u00a7 32.1-260)\n\nA. If a delayed certificate of birth is rejected under the provisions of §\n32.1-259, a petition for an order establishing a record of the date and place of\nthe birth and the parentage of the person whose birth is to be registered may be\nfiled with the circuit court of the county or city in which the person resides;\nor if the person is a citizen of this Commonwealth without a fixed residence or\na resident of another state, the petition may be to the circuit court of the\ncounty or city in which such person’s birth occurred. In case of a minor\nwho has no parent or guardian, the application may be made by his next friend.\n\nB. Such petition shall allege:\n\n 1. That the person for whom a delayed certificate of birth is sought was born\n in this Commonwealth;\n\n 2. That no record of birth of such person can be found in the records of the\n State Registrar or the county or city registrar;\n\n 3. That diligent efforts by the petitioner have failed to obtain the evidence\n required by regulations pursuant to § 32.1-259; and\n\n 4. That the State Registrar has refused to register a delayed certificate of\n birth; and\n\n 5. Such other allegations as may be required.\n\nC. The petition shall be accompanied by the notice of the State Registrar made\nin accordance with subdivision D 1 of § 32.1-259 and all documentary\nevidence which was submitted to the State Registrar in support of such\nregistration.\n\nD. The court shall fix a time and place for hearing the petition and the\npetitioner shall give the State Registrar five days’ notice of said\nhearing. The State Registrar, or his authorized representative, may appear and\ntestify in the proceeding.\n\nE. If the court finds from the evidence presented that the person for whom a\ndelayed certificate of birth is sought was born in this Commonwealth, it shall\nmake findings as to the place and date of birth, parentage, and such other\nfindings as may be required and shall issue an order to establish a record of\nbirth on a form furnished by the State Registrar. This order shall include the\nbirth data to be registered, a description of the evidence presented in the\nmanner prescribed by § 32.1-259, and the date of the court’s action.\n\nF. The clerk of court shall forward each such form to the State Registrar not\nlater than the tenth day of the calendar month following the month in which the\norder was entered. Such form shall be registered by the State Registrar and\nshall constitute the certificate of birth, from which certifications may be\nissued in accordance with § 32.1-272.\n\nHISTORY: Code 1950, \u00a7 32-353.18; 1954, c. 201; 1956, c. 260; 1960, c. 451;\n1979, c. 711; 1983, c. 240.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}