Delayed Birth, Marriage, and Death Certificates

1

Fill out the Vital Statistics form

Fill out the appropriate form from the California Department of Public Health:

• Court Order Delayed Registration of Birth (Form VS-108)
• Court Ordered Delayed Certificate of Marriage (Form VS-122)
• Order Establishing Fact of Death (Form VS-109)

You can download the fillable form from the above links or pick up the form from the County Recorder’s Office. You must type or write in black ink, with no eraser marks or corrections.

The Department of Public Health offers detailed packets on completing these forms. 

2

Gather evidence to prove the event

Gather evidence that proves the date and place of the birth, marriage, or death. Ask marriage witnesses, physicians, or others with personal knowledge of the event to sign Declarations under penalty of perjury, using the Judicial Council form for Declaration in Support of Petition to Establish Fact, Time, and Place of Birth (BMD-001A), Marriage (BMD-002A), or Death (BMD-003A).

Types of evidence that may be useful include:

• A copy of the marriage license, or of the birth, marriage, or death certificate, if available.
• Declarations under penalty of perjury from witnesses, physicians, officiants (clergy or judge), and relatives or close family friends about the date and place of the event. Attach as many as you need. They can be typed or written on the standard form Declaration (MC-030). Additional pages can be typed or written using Additional Page (MC-020).
• Evidence of entry in family bible, other family books or charts, or the like.
• Evidence of statement in church record concerning christening, marriage, or interment.
• For birth: request an age search from the United States Census Bureau Age Search Service.

3

Complete the necessary forms

The Judicial Council and Vital Records forms needed for these petitions are linked at the top of this page. Download the blank forms from these links or from the websites of the California Courts and the California Department of Public Health.

The Petition must include:

• The place and date of the birth, marriage, or death.
• How you will benefit from establishing the fact of the birth, marriage, or death.
• A statement signed by you under penalty of perjury to verify all of the information in your Petition.
• Declarations confirming the place and date of the birth, marriage, or death or a copy of the birth, marriage, or death certificate, if you have one.

Sample filled-in forms for the Petition and Declaration to establish marriage are attached to the end of this guide; the forms for establishing birth and death are almost identical.

4

File your documents

File the original and two copies of your Petition to Establish Fact, Time, and Place of birth, marriage, or death, as appropriate. (Keep a copy for yourself, as well.)

The Petition must be filed in the Superior Court in either the county of residence of the person whose birth, marriage, or death is being established, or in the county where the birth, marriage, or death took place. In Sacramento County, file it in the Probate Department at the Family Relations Courthouse, 3341 Power Inn Road, Sacramento, CA 95826.

There will be a filing fee for the Petition. As of January 2024, the fee is $225. Current fees can be found on the Sacramento County Court Fee Schedule. If you are low income or receive government benefits, you may qualify for a fee waiver. See our Fee Waiver guide for more information: Fee Waivers.

Do you need to notify anyone of the hearing?
If you plan to use this order in another case, such as a probate or family law case, research your situation or hire a lawyer to determine if other parties need to be notified. The judge in the other case might not let you use the order if the parties didn’t receive notice in time to object.

When you file the Petition, the clerk will write a hearing date and time on your Petition. It will usually be between five and ten days after you file the Petition.

5

Attend the hearing

Attend the court hearing. Bring the filled-out VS-108, VS-122, or VS-109, along with any documents you have that support the date and place of the birth, marriage, or death. When the judge calls your case, walk to the counsel table and give the clerk your completed Order and documents. If satisfied, the judge will sign the Order.

After the hearing, take the signed Order to the Probate Department and file it. While you are there, you should purchase at least one extra, certified copy of your Order.

6

Mail your court-approved forms to California Office of Vital Records

Mail in:

1. a certified copy of the Order (the top half of VS-108, VS-122, or VS-109);
2. the new certificate (the bottom half of VS-108, VS-122, or VS-109); and
3. a $26 check or money order payable to CDPH Vital Records to:

California Office of Vital Records
M.S. 5103
P.O. Box 997410
Sacramento, CA 95899-7410

For additional copies, add $29 for a Birth Certificate, $24 for a Death Certificate, or $17 for a Marriage Certificate.

You can expect an acknowledgement postcard in about six to ten weeks. The entire processing time is about three months.