Court Order to File a Delayed Birth Certificate

The information contained on this web page is provided as a courtesy to members of the public and shall not be construed as legal advice. If you have questions, contact the Wisconsin Bar Association Lawyer Referral and Information Service at (800) 362-9082 for additional assistance.

 

The Wisconsin Office of Vital Records is responsible for Wisconsin Vital Records (birth, marriage, death, and divorce certificates). This includes filing, preserving, protecting, changing and issuing copies. The Wisconsin Office of Vital Records Office determines if a court order is required to file a delayed birth certificate.  The Oconto County Clerk of Courts cannot commence an action regarding filing a delayed birth certificate unless the petitioning party received an instructional packet from the Wisconsin Vital Records Office.   

Contacting Wisconsin Office of Vital Records

It is the petitioning party’s responsibility to contact the Wisconsin Office of Vital Records regarding filing a delayed birth certificate.  

Contact information:           Wisconsin Office of Vital Records
                                                Attn: Delayed Birth Registration
                                                PO Box 309
                                                Madison, WI 53701-0309
                                                (608) 266-1373

The State Vital Records Office needs to verify that there is no birth certificate on file. Once that is verified, they will mail you an instruction packet.

After you return all of the required supporting documentation to the Vital Records Office, they will partially complete an Order to File a Delayed Wisconsin Birth Certificate. This form along with a Petition and other supporting documentation will need to be filed with the court for signature. 

Forms/Documents Required to Commence an Action:

  1. Form F-05030- Court Order to File a Delayed Wisconsin Birth Certificate
    • This document is included in the information packet from the Wisconsin Office of Vital Records. This form is not available at the Clerk of Courts Office.
      • Petitioning party is to complete the pertinent sections.
      • This form cannot contain erasures, cross-outs, write-overs, correction tape or correction fluid. 
  2. Petition/Statement (PDF) indicating birth information.
  3. Any further evidence as indicated on the Petition. 

Fees

Fees paid to Oconto County Clerk of Courts BEFORE documents are forwarded to the Circuit Court Judge:

  • Clerk of Courts Filing Fee: $164.50 

Cash, checks, money orders, debit and credit cards are accepted for the Clerk of Courts filing fees. Checks/money orders are to be made payable to Oconto County Clerk of Courts. An additional service fee is charged when paying with a debit or credit card. 

Fees paid to Wisconsin Vital Records Office AFTER the court order is granted by the Circuit Court Judge:

  • $20.00 vital records fee
  • $20.00 for a copy of the delayed birth registration and $3.00 or each additional copy of the delayed birth registration issued at the same time as the first. 

Checks/money orders are to be made payable to State of Wisconsin Vital Records. Cash, debit, or credit cards ARE NOT accepted for vital records fees.

Filing Instructions

The petitioning party is to bring Form F-05030 – Court Order to File a Delayed Wisconsin Birth Certificate along with the petition, and any evidence to the Oconto County Clerk of Courts, Courthouse, 301 Washington Street, Building C – Room 1217, Oconto, Wisconsin 54153 to have them filed. It is at this point:

  1. A court case number and circuit court judge are assigned to the case. 
  2. Filing fee of $164.50 must be paid.
    • Cash, checks, money orders, debit and credit cards are accepted for Clerk of Courts fees only. An additional service fee is charged when paying with a debit or credit card.
  3. The Clerk of Courts Office will forward all documents and supporting evidence to a Circuit Court Judge for review. 
    • If the Petition is approved, the Court will sign the Court Order to File a Delayed Wisconsin Birth Certificate.
    • If the Petition is not approved, the Court may schedule a court hearing. 

Recording a Delayed Wisconsin Birth Certificate

Upon the court official granting the request to file a delayed Wisconsin birth certificate and signing the Court Order to File a Delayed Wisconsin Birth Certificate, the Oconto Clerk of Courts office will apply a seal to the document. The Clerk of Courts Office will mail the Court Order to File a Delayed Wisconsin Birth Certificate to the Wisconsin Office of Vital Records along with the petitioning party’s check/money order to cover the fees and for any additional copies of the delayed birth registration.

An authenticated copy of the Court Order to File a Delayed Wisconsin Birth Certificate, Petition, and supporting evidence will be returned to the petitioning party by the Oconto County Clerk of Courts via first class mail. 

It may take 3-4 weeks to receive your requested copy(s) of the delayed birth registration from the Wisconsin Office of Vital Records. 

Contact Information

Oconto County Clerk of Courts                       (920) 834-6843
Oconto County Register of Deeds                  (920) 834-7113
Wisconsin Vital Records Office                       (608) 266-1373