- (a) When a birth occurs in this state outside of a hospital or institution and the birth certificate is filed before the first birthday, additional evidence in support of the facts of birth may be required.
(b) A certificate for the birth shall be completed and filed upon presentation of the following evidence by the individual responsible for filing the certificate:
(1) Evidence of pregnancy, such as but not limited to:
- (A) Prenatal record;
- (B) A statement from a physician or other healthcare provider qualified to determine pregnancy;
- (C) A home visit by a public health nurse or other healthcare provider; or
- (D) Other evidence acceptable to the State Registrar of Vital Records;
(2) Evidence that the infant was born alive, such as but not limited to:
- (A) A statement from the physician or other healthcare provider who saw or examined the infant;
- (B) An observation of the infant during a home visit by a public health nurse; or
- (C) Other evidence acceptable to the state registrar; and
(3) Evidence of the mother's presence in this state on the date of birth, such as but not limited to:
- (A) If the birth occurred in the mother's residence:
(i) A driver's license or a state-issued identification card that includes the mother's current residence on the face of the license/card;
(ii) A rent receipt that includes the mother's name and address;
(iii) Any type of utility, telephone, or other bill that includes the mother's name and address; or
- (iv) Other evidence acceptable to the state registrar;
(B) If the birth occurred outside of the mother's place of residence, and the mother is a resident of this state, such evidence shall consist of:
- (i) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth, and evidence of the affiant's residence similar to that required in subdivision (b)(3)(A) of this section, and evidence of the mother's residence in the state similar to that required in subdivision (b)(3)(A) of this section; or
- (ii) Other evidence acceptable to the state registrar.
(C)
- (i) If the mother is not a resident of this state, such evidence must consist of clear and convincing evidence acceptable to the state registrar.
- (ii) See subdivision (b)(3)(B) of this section.
Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Reference: Section 16 of Act 1254 of 1995)"