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34-28-1-1. Application of Resident; Procedure

Sec. 1. (a) This section applies to a person who is a resident of Indiana. (b) To establish a public record of the time and place of a person’s birth the person must: (1) have been a bona fide resident, for more than six (6) months, of the county where the application is filed; and […]

34-28-1-10. Collection of Fee

Sec. 10. The clerk shall collect the fee provided in IC 33-37-4-4. However, a fee may not be collected if the petitioner is a resident of Indiana. [Pre-1998 Recodification Citation: 34-4-3-10.] As added by P.L.1-1998, SEC.24. Amended by P.L.98-2004, SEC.122.

34-28-1-11. Dismissal of Application for Want of Prosecution

Sec. 11. Where the applicant fails to prosecute the cause for one hundred twenty (120) days after filing the application, the court or judge shall dismiss the application for want of prosecution, and the clerk of the circuit court shall destroy the application immediately following the dismissal. [Pre-1998 Recodification Citation: 34-4-3-11.] As added by P.L.1-1998, […]

34-28-1-2. Application of Nonresident; Procedure

Sec. 2. (a) This section applies to a person who: (1) was born in Indiana; and (2) is not a resident of Indiana at the time of the application. (b) The person may file a verified application in the circuit or superior court of the county of the person’s birth for an order to establish […]

34-28-1-4. Publication of Notice of Application; Form

Sec. 4. (a) This section applies to any person, resident or nonresident, who has filed an application in any court as provided in this chapter. (b) Except as provided in subsection (c), the applicant shall give notice of the application by one (1) insertion in a qualified newspaper of general circulation, printed and published in […]

34-28-1-5. Hearing and Determination on Application

Sec. 5. Upon the filing of proof of notice by publication or posting, as provided in section 4 of this chapter, the court or judge may hear the application and enter a determination of status of the applicant as to time and place of birth. [Pre-1998 Recodification Citation: 34-4-3-5.] As added by P.L.1-1998, SEC.24.

34-28-1-6. Jurisdictional Requirements; Supporting Testimony of Two Freeholders

Sec. 6. Before the court or judge has jurisdiction to determine the application, the applicant must demonstrate: (1) that at least two (2) freeholders, either of the county of the residence of the applicant or of the county of birth have: (A) knowledge of the facts stated in the application; or (B) reason to believe […]

34-28-1-8. Copy of Court Decree as Evidence

Sec. 8. A copy of the decree of the court or judge certified under the seal of the clerk of the court is prima facie evidence in any court, board, council, or commission of Indiana to show time and place of birth of the person named in the decree. [Pre-1998 Recodification Citation: 34-4-3-8.] As added […]