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HB 1302

A BILL for an Act to amend and reenact section 23-02.1-15 of the North Dakota Century Code, relating to registration of birth by judicial determination.

69th Legislative Assembly (2025-26) Introduced by Dan Johnston and 1 co-sponsor

Allows delayed birth registration when no prior record exists, with clear evidentiary standards, registrar refusals for insufficient proof, and judicial review options.

Withdrawn from further consideration
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Bill Summary · HB 1302

Summary — HB 1302 (North Dakota): Delayed registration of birth (23‑02.1‑15 NDCC)

Status: Withdrawn from further consideration (withdrawn by author 4/14/2025)
Introduced: November 13, 2024
Primary Sponsors: Representatives D. Johnston, Koppelman
Subject: Amend and reenact section 23‑02.1‑15 of the North Dakota Century Code (registration of birth by judicial determination)

Purpose and intent

The bill would clarify and revise the statutory procedures for delayed birth registration in North Dakota, including (1) the evidentiary standards and administrative handling for delayed birth records, (2) the state registrar’s responsibilities when documentation is deficient, and (3) the applicant’s right to seek a judicial determination of birth facts. The changes are intended to standardize processing of delayed registrations and provide an appeal pathway when records or evidence are inadequate.

Key provisions / changes

  • Reenacts and amends NDCC §23‑02.1‑15 (Delayed registration of birth) with these principal features:
    • Permits filing a birth record for persons born in North Dakota if a birth has not been previously registered, subject to evidentiary requirements the Department of Health and Human Services (DHHS) will prescribe.
    • Requires any birth record registered one year or more after occurrence to be marked “delayed” and to show the delayed registration date.
    • Requires a summary statement of evidence submitted for delayed registration to be endorsed on the birth record.
    • Directs the state registrar, when an applicant fails to submit the minimum documentation or when the registrar questions the validity/adequacy of the record or evidence, to refuse registration and to advise the applicant of the reasons.
    • Affirms the applicant’s right to appeal to a court of competent jurisdiction for a judicial determination of birth facts if deficiencies are not corrected.
    • Prohibits a birth record issued by judicial determination from bearing an indication that it was issued by judicial determination.
    • Authorizes DHHS by rule to dismiss applications older than one year that are not being actively pursued.
    • Prohibits registering a report of live birth for a deceased individual if one year or more has elapsed since the date of birth.

Who would be affected

  • Individuals born in North Dakota whose births were never registered (or who need delayed registration), and their families.
  • Applicants seeking birth certificates for identification, benefits, social services, or legal purposes.
  • The Department of Health and Human Services (vital records office) and the state registrar — for rulemaking, evidentiary standards, application processing, and enforcement.
  • Courts — increased potential for judicial determinations of birth facts where administrative evidence is insufficient.

Procedural/timeline aspects

  • The bill was introduced Nov 13, 2024, read first time Mar 10, 2025, referred to the Public Health committee, and withdrawn by the author on Apr 14, 2025. Because it was withdrawn, the bill did not advance to enactment and remains not enacted into law.

Compiled from official sources — confirm details with the bill’s official record.

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