Filing of birth certificates

A. It is important to have a recent copy of the child’s birth certificate to determine parentage and to provide parents with notice and the opportunity to be heard. “Good cause” should be construed narrowly and constitute more than mere inconvenience; however, there may be rare circumstances in which a copy of the birth certificate cannot be obtained or obtaining it would cause unreasonable delay in the disposition of the case. In such circumstances, including but not limited to instances in which a foreign birth certificate cannot be obtained, a judge may waive the filing of a copy of a birth certificate. In the event a foreign birth certificate is obtained, the burden is on the petitioner to provide an English translation. B. There may be circumstances in which the copy of the birth certificate in the care and protection case does not satisfy the requirements of this rule and cannot be used when filing an adoption, guardianship, change of name petition, or a parentage complaint. In those instances, if the petitioner or the plaintiff does not have custody of the child and cannot otherwise obtain a copy of the birth certificate, the petitioner or plaintiff may file a motion in the underlying care and protection case for a court order to produce the birth certificate for filing with the petition or complaint. The person seeking such an order may be permitted to appear in the care and protection case for the sole purpose of filing such a motion. An appearance for this limited purpose does not make the person a party to the care and protection case.