*1 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, of thle Department r ae to the proper OQU In the probate cd r‘- court to establish t ly amregistered

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 *2 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 and no other form ehall be ueed for reoorde are filed 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 ATTORNEY GENERAL OF TEXAS By (Signed) R. W. Falrohlla Richard W. Fairohild RWF : db Aeeietant APPROVED OCT 3, 1940

(Signed) Gerald C. Mann THIS OPINION CONSIDERED APJD ATTORNEY GENEBAL OF TEXAS APPROVED IN LIMITED CONFE~NCE