NJSBA Family Law Section

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  • 1.  Delayed Birth Certificate

    Posted 11-17-2023 10:34 AM
    Has anyone filed for a "delayed birth certificate" before? I've got a client who is 21 years old but never got a birth certificate, and Vital Statistics says his documents are insufficient and he needs to file a court order. Does anyone have a sample complaint or can even tell me in which division I should be filing? Thanks.

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    Wesley Fenza, Esquire|FENZA LEGAL SERVICES

    868 Haddon Avenue, Suite 8, Collingswood, NJ 08108

    Phone: 856-477-3756|Email: [email protected] 


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  • 2.  RE: Delayed Birth Certificate

    Posted 11-17-2023 10:38 AM
    Wesley, give me a call, I have arm wrestled with Vitals on a similar situation and may be able to help


    Deb Guston
    =============================.
    (she/her/hers)
    Debra E. Guston, Esq., C.A.E.
    Guston & Guston, L.L.P.
    55 Harristown Road, Suite 106
    Glen Rock NJ 07452
    (201) 447-6660
    Fax (201) 447-3831


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    Adoption Director, Past President
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  • 3.  RE: Delayed Birth Certificate

    Posted 11-17-2023 11:25 AM

    Debra,

    I would love your insight!  I have a similar problem.  My client gave birth at home in 2020 (during the height of Covid when all government offices were closed).  Client tried to register delayed birth with no success.  Client came to me a year later for help.  I filed a motion and obtained a court order compelling Vital Stats to register the birth and issue a birth certificate.  It has been over a year, with repeated calls and emails to Vital Stats and they just ignore me.  I am thinking of filing a motion to enforce litigant's rights against the state but I am unsure how to properly do that.  The child is now 3 and has never been to the doctor because they do not have proof that she even exists.



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    Stephanie Albrecht-Pedrick
    Law Office of Stephanie Albrecht-Pedrick, LLC
    Pleasantville NJ
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  • 4.  RE: Delayed Birth Certificate

    Posted 11-17-2023 12:12 PM
    Update: Thanks to Debra's advice, I called the assignment judge. Apparently the procedure is to file a verified complaint with order to show cause in civil division naming vital stats as the defendant. Thanks Debra!