Self-Help Establishing a Fact of Birth, Death and Marriage

Establishing a Fact of Birth, Death and Marriage

This section explains what to do when you do not have proper evidence of a birth, death, or marriage. Click on a topic below to learn more:

For more information, read Health and Safety Code Section 103450-103490 .

This page has information on how to Establish a Record of Birth, Death, or Marriage ( Health and Safety Code Section 103450-103490 ).

When does someone need to establish a Fact of Birth, Death or Marriage?

Here are some examples of situations when you may want to establish a:

Fact of Birth
When the original birth record was destroyed or is no longer obtainable.
Fact of Death
When someone died but the death was not registered in a timely manner.
Fact of Marriage
  • If your marriage was not registered in a timely manner, or
  • You married outside the U.S. and you cannot get a certified marriage certificate, or
  • You were married in a religious ceremony but did not get a civil marriage license

Is there a court form I can use to do this?

Birth
  • BMD-001 Petition to Establish Fact, Time and Place of Birth
  • BMD-001A Declaration in Support of Petition to Establish Fact, Time and Place of Birth
  • VS-108 Order Establishing Fact of Birth (not a court form)
  • Pamphlet  Re: Court Order Delayed Registration of Birth
Marriage
  • BMD-002  Petition to Establish Fact, Date and Place of Marriage
  • BMD-002A  Declaration in Support of Petition to Establish Fact, Date and Place of Marriage
  • VS-122  Order Establishing Fact of Marriage (not a court form)
  • Pamphlet  Re: Court Order Delayed Certificate of Marriage
Death
  • BMD-003  Petition to Establish Fact, Date and Time of Death
  • BMD-003A  Declaration in Support of Petition to Establish Fact, Date and Time of Death
  • VS-109  Order Establishing Fact of Death (not a court form)
  • Pamphlet  Re: Court Order Delayed Registration of Death

How do I file the Petition?

Bring your petition, and at least one copy to the Downtown Superior Court in San Jose. Go to the Probate Clerk’s Office on the first floor. The clerk will file your Petition and give you endorsed-filed copies of the petition.

How do I get a hearing date?

When you file your Petition, the clerk will give you the first available date. The Clerk will put the date, time, and department for your hearing on the copies of your petition.

How much is the filing fee?

The filing fee is listed on the Probate Fee Schedule under "Petition to establish birth, death, marriage." See the local fee scheduleon the Court's Fees page . You can pay by cash or check. Make your check payable to Superior Court.

How do I get an Order that establishes a Fact of Birth, Death or Marriage?

When you file your petition, the clerk will give you an Order. Fill out the Order carefully and take it to the Probate clerk five days before your hearing. You must type your information or write legibly in black ink. The Court will not accept your form if you have eraser marks, white-out or other changes to the text. If the judge approves your Petition, s/he will sign the Order.

How do I get ready for the hearing?

Come to court on the date and time written on your Petition. Arrive early. You’ll need extra time to park (see the map on the DTS Courthouse page ), go through security and to find your courtroom.

When the Judge calls your case, walk to the counsel table and give the clerk your completed Order, unless you have already filed it. The judge will sign it. The order goes into effect as soon as the judge signs it.

After the hearing, take your order to the Probate Department on the 1st floor and file it. While you are there, buy extra, certified copies of your order. The clerk will charge you for these copies. (See the local fee schedule on the Court's  Fees page for certification and copying fees).

How do I register a delayed record of birth, death or marriage?

Send a certified copy of your Order Establishing Fact of Birth, Death or Marriage to the Department of Health Services along with the completed Court Order Delayed Registration. (This is the second part of the order form.)

The address is:

California Department of Public Health
Vital Records - MS 5103P.O. Box 997410
Sacramento, CA 95899-7410

See State Dept. of Public Health website for forms, information, etc.