A. When the birth of a person born in this state has not been registered, a certificate may be filed in accordance with regulations of the State Commissioner of Health. Such certificate shall be registered subject to such evidentiary requirements as the Commissioner shall by regulation prescribe, to substantiate the alleged facts of birth.

B. Certificates of birth registered one year or more after the date of occurrence shall be marked “delayed” and show on their face the date of the delayed registration.

C. A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.

D. When an applicant does not submit the minimum documentation required in the regulations for delayed registration, or when the State Commissioner of Health finds reason to question the validity or adequacy of the documentary evidence, the Commissioner shall not register the delayed certificate and shall advise the applicant of the reasons for his or her action.

E. Beginning on the effective date of this act,¹ the biological sex designation on a certificate of birth issued under this section shall be either male or female and shall not be nonbinary or any symbol representing a nonbinary designation including but not limited to the letter “X”.