I spent some time this past weekend researching how to register a delayed birth in NYC. The current law governing the Department of Health (vital records) specifically states that, “No application for delayed registration shall be granted, and no delayed certificate of birth shall be registered or issued for a deceased person.” Scroll down to paragraph 201.11 (c) here for the details: http://18.104.22.168/nyc/RCNY/r724h181. ... ayed+birth The notes say that this specific section was reenacted in 2009.
Only a parent or one’s self can do it, provided you have the documentary evidence. There was a case in the NY Law Journal on 9/30/04 about a guy with complications who had to take the Department of Health to court and got the judge to agree to give him a birth certificate. Most people can call 311 and request Form VR-34 (not available online) to apply. But this obviously does not help us if we need to create a birth record for an ancestor who has already passed.
It appears that the only way to create a delayed birth record in NYC would be to go to court. Has anyone done this?
Karen, I am currently at this same exact crossroads. I have an interesting view on the matter as I am starting to build a variety of arguments. Before I get into my strategy have you had any luck? Feel free to email at email@example.com.
I am also in this same position, having spent 8 months searching in vain for some sort of birth record. I have been lead to believe by posters on many forums that my only next option is a Declatory judgement. There are steps, templates and personal accounts posted. If your research finds otherwise please post or email at firstname.lastname@example.org. Thx!
I noticed that I posted this query almost exactly a year ago! Since then I've had my first appointment with the Consulate and have been definitely told that I need to get my GF's birth record or a Court Order to create one.
Since it appears that in NYS you can do this with a procedure through Vital Records, my current thinking is that it shouldn't be such a big deal. However I want to be sure to do it right! I got some referrals and have some calls out to lawyers right now so I hope I may have more info soon.
Karen, Last year you posted that NYS has a law on the books that does not allow for a Delayed Birth Certificate for a deceased individual. What changed in the past year that you feel the Dept. of Health will issue such a certificate?
I was tlaking about New York CITY, the State is different. In NYS you CAN go through Vital Records as others have posted on this forum and accomplished successfully. I am obviously not a lawyer, but we just have to go through the Courts in NYC, rather than the Department of Health. The woman at the Consulate told us that people have done this successfully in the past.
I actually wrote NYC Dept of Health asking for a letter stating the possibilty that the birth certificate may have been misfiled or illegible (they can't prove that it was never filed just because they can't locate it). My grandmother thought she had the record but it was destroyed in a house fire. Of course after a year I just got a letter last week from the Deputy of Corrections at the Department of Health stating they would not provide such letter. The funny part was that the letter was addressed to Dough--my name is Doug and that they can't file a delayed because he died in 1989. I sent a copy of death certificate clearly stating his death was 1986. This shows the level of incompetence at the Department. One person told me they got a letter stating no record found yet they went to the archives and found the record that "didn't exist." It is for these reasons they should allow delayed registrations especially when we can prove the essential facts. Now the USA recognizes dual citizenship (7 FAM 1162). Is it a right? If it is the Dept. of Health is denying us that right. Could some spin off argument be made using Schneider v Rusk? The USA allows foreigners to become naturalized US citizens without stripping them of their foreign citizenship. Can natural born citizens be denied pursuit of foreign citizenship? Many people think it may not be a big deal, but my great grandparents never became US citizens and their citizenship was the only thing they passed down. Maybe I'm comparing apples and oranges in these arguments, but I'm not a lawyer and wouldn't know any better.
.....Now the USA recognizes dual citizenship (7 FAM 1162). Is it a right? If it is the Dept. of Health is denying us that right. Could some spin off argument be made using Schneider v Rusk? The USA allows foreigners......
The USA recognizing dual citizenship when an American citizen becomes naturalized has nothing to do with Italian-Americans who acquire Italian recognition through an ancestor. Reason being is that all countries which bestow citizenship based on birth on the soil must also recognize that the blood country (in this case Italy) may also consider the person as it's own citizen.
Just because you were born on US soil does not take away your Italian blood. The only way this could happen is with an amendment to the Constitution disallowing citizenship by birth on the soil for children of immigrants.
As far as creating a birth certificate for a deceased person, he could have been born outside of the USA, in Italy for example. US documents acquired after birth do not prove when or where he was born.
..... Can natural born citizens be denied pursuit of foreign citizenship?.....
A juris sanguinis candidate is not in pursuit of a foreign citizenship. He/she already has Italian citizenship having been born with it. It's just up to him/her to prove satisfactorily to Italy that he IS who he says he IS. Not being able to locate an essential birth certificate doesn't prove much and New York has no responsibility, in my opinion, to make one up.
I think the bottom line is just that there is no procedure in place to create birth records through the Department of Health (Vital Records) for NYC births of ancestors. The Department of Health is specifically NOT allowed to do it according to their rules. So we have to it through the courts. It seems daunting since most of us are not lawyers and don't know how to go about it at all. But I have a better feeling about it since I've been researching it more. From what I understand, it has been done, it can be done, it's not the most involved thing in the world, it will cost some money and take some time. But I think that most of us will have the back-up documents necessary or be able to find them. Hopefully I will find a lawyer to help me and I can report back that I have succeeded!
I have a case pending with NYC right now. The judge signed an Order for my GF's birth certificate last year. In March we had our appointment and based on the Order were granted citizenship. However the City refuses to give me an actual birth record for my GF and said they are appealing the case since they are not allowed to issue a birth record for a deceased person. They have until mid December to do so.
A lawyer told me that the City may not follow through. I can't imagine they would bother with such an insignificant issue, but everyone was surprised that they opposed it in the first place. (They say that no one has tried to do this before.) We are waiting to see what happens.
The city is appealing my case. I should hear from them next week and then I believe I have 30 days to respond. I would like to address this issue but hiring an appeals attorney is way beyond my budget. If anyone has any ideas, please let me know.
In the mean time, I would suggest that anyone filing in NYC NOT ask them to create a birth record for a deceased person, but just to ask for a judgment that your ancestor was born on such and such a day with parents so and so, etc.