OFFICE OF THE ATTORNEYGENERAL OF TEXAS
AUSTIN
Honorable W.A.Davis, State Regletrar
Texas State Board of Health
Auetin, Texae
Dear Sir:
This will acknow f your letter of
September S, 1940, r of thle Department
ae to the proper OQU cd In the probate
r‘- ly amregistered
court to establish t
births unacr the fo
at Encino, Texas
at the time or the
Brooks or Hidalgo County
occurrea, a record of that birth or deat@,,wri.tten on
the adopted forme of birth ana death certiiicatee.
The certificate shall be eubetantiated by the affidavit
of the medical attendant present at the time of the
birth, or In caee of death, the affidavit of the phyelolan
last In attendance upon the deceased, or the undertaker
who buries the body. when the arrlaavit or the medical
Honorable W. A.Davie, page 2
‘attendant or undertaker cannot be secured, the oertlri-
oate shall be supported by the arrldavlt of some person
who kas acquainted with the facts surrounding the birth
or death at the time the birth or death ocoured, with a
second affidavit of eome person who le acquainted with
the iacte surrounding the birth or date, and who ie not
related to the individual by blood or marriage. The Pro-
bate Court shall require eucrh other information or evidence
as may be deemed neceeeary to eetablieh the citizenship
of the individual rlllng the certificate, and the truth-
fulness of the etatemente made In that reoord. The Clerk
of the sala Court shall forward the oert.lfloate to the
State Bureau,of Vital Statletlce with an ordir rrom the
Court to the Btate Registrar that the record be, or be
not, aooepted. The State Registrar la authorized to
accept the certificate when verified in the above manner,
and ehall issue certified ooplee of such records as pro-
vided ror in Se’otlon 21 of thle Aot. Such certified
#copies ehall be prima -facie evidence la all Courts and
plaoee of the raote stated thereon. The State Bureau of
Vital Statletloe shall furnish the forme upon whloh such
reoorde are filed and no other form ehall be ueed for
that purp*se. ’y (Underscoring eurll)
The purpose of the Legislature, la veetlng Jurledlotlon
in the Probate Court of the County in which the birth or death
occurred, is to provide ror the proceeding to be had in the County
where, precmaably, evldenee is readily available to prove or die-
rove the allegations of the petitioner. The Aot, referring to
t the Probate Court ef the County where the birth ooourred,’ has
In contemplation counties ae presently, and not ae formerly, oon-
etitutea. At the time of the birth, It ia true, Hldalgo County
.embraced the place of birth; but Hiaalgo County as pretaently’oon-
etituted, is not the oounty “where* or ip w@ioh the birth oc-
cure&
You are advised that ln our opinion the prooeedlngs for
regletratien should be inetltuted in Brooks County.
Very tmly yours
ATTORNEYGENERALOF TEXAS
By (Signed) R. W. Falrohlla
Richard W. Fairohild
RWF: db Aeeietant
APPROVEDOCT 3, 1940
(Signed) Gerald C. Mann
THIS OPINION CONSIDEREDAPJD
ATTORNEYGENEBALOF TEXAS APPROVEDIN LIMITED CONFE~NCE