1. A. The Secretary shall prepare and register a Maryland certificate of foreign birth upon a request that the certificate be prepared from the court, an adopting parent, or an adopted individual 18 years old or older, if the adoption took place:

   1. (1) Through a court of competent jurisdiction in this State; or

   2. (2) Under the laws of a jurisdiction or country other than the United States:

      1. (a) By an adopting parent who is a resident of this State; and
      2. (b) With an IR-3 visa or IH-3 visa being granted to the adopted individual by the United States Immigration and Naturalization Service under the Immigration and Nationality Act.

2. B. In order for the Secretary to prepare a Maryland certificate of foreign birth pursuant to §A(2) of this regulation, a person shall provide to the Secretary:

   1. (1) An application form, as provided by the Department;
   2. (2) An official and authenticated copy with valid stamps and seals of the adoption decree from the foreign jurisdiction or country where the adopted individual was adopted;
   3. (3) A certified translation of the foreign adoption decree, if the decree is not in English;
   4. (4) Proof of the date and place of the adopted individual's birth, as set forth in §C(1) of this regulation;
   5. (5) Proof of the IR-3 visa or IH-3 visa status of the adopted individual; and
   6. (6) Proof that the adopting parent is a resident of this State, as set forth in §C(2) of this regulation.

3. C. To provide proof of the:

   1. (1) Date and place of an adopted individual's birth, a person shall provide to the Secretary:

      1. (a) A birth certificate or other birth record for the adopted individual from the jurisdiction or country where the individual was born; and
      2. (b) A certified translation of the foreign birth certificate or other birth record, if the foreign birth certificate or other birth record is not in English; and

   2. (2) Maryland residency of an adopting parent, an individual shall provide to the Secretary, subject to the restrictions set forth in §D of this regulation, one or more of the following documents relating to the parent:

      1. (a) Most recent Maryland tax return;
      2. (b) Most recent Maryland property tax bill;
      3. (c) Local gas and electric bill that is no more than 4 months old;
      4. (d) Valid Maryland driver's license; or
      5. (e) Another record that corroborates the Maryland residency.

4. D. The Secretary may:

   1. (1) Require more than one of the documents listed in §C(2) of this regulation to be submitted to establish Maryland residency; and
   2. (2) Refuse to issue a certificate of foreign birth if the Secretary finds the documentation submitted does not conclusively establish Maryland residency.

5. E. The Secretary shall prepare a certificate of foreign birth with the:

   1. (1) Name of the subject of the record being the name of the adopted individual as the individual's name appears or is set in the foreign adoption decree; and
   2. (2) Names of the adopting parents recorded as the parents of the adopted individual.
6. F. In order for the Secretary to enter as the subject of a certificate of foreign birth a name different from the name of the adopted individual in the foreign adoption decree, a person shall provide to the Secretary an order from a court of competent jurisdiction that directs the Secretary to prepare the certificate with the different name for the adopted individual.

7. G. The Secretary shall amend the subject's name on a certificate of foreign birth that has already been prepared and registered on receipt of:

   1. (1) An order of a court of competent jurisdiction that changes the adopted individual's name; and
   2. (2) A request from the adopted individual, the adopting parents, or a guardian or legal representative of the adopted individual that the amendment be made.

8. H. The Secretary shall include on the Maryland certificate of foreign birth:

   1. (1) The words “Certificate of Foreign Birth”;
   2. (2) The adopted individual's actual country of birth; and
   3. (3) A statement that the Maryland certificate of foreign birth is not evidence of United States citizenship for the individual for whom it is issued.

Authority: Family Law Article, §§5-359, 5-3A-42, and 5-3B-29, and Title 5, Subtitle 4B;
Health-General Article, §§4-201—4-227 and 13-2207; Annotated Code of Maryland
Ch.316, Acts of 2016; Public Law 108-458; Public Law 109-13

Effective date: October 7, 1963

Amended effective January 1, 1965; May 16, 1966; January 1, 1970

Regulations .01—.09 repealed effective November 30, 1987 (14:24 Md. R. 2555)

Annotation: COMAR 10.03.01.07 cited in Attorney General Opinion No. 85-035 (December 31, 1985)

Regulations .01—.10 adopted effective November 30, 1987 (14:24 Md. R. 2555)

Regulation .01B amended effective August 17, 1992 (19:16 Md. R. 1474); January 2, 1994 (20:26 Md. R. 2027); January 24, 2000 (27:1 Md. R. 75); February 19, 2001 (28:3 Md. R. 205)

Regulation .01B amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .01B amended effective October 8, 2007 (34:20 Md. R. 1736); June 15, 2009 (36:12 Md. R. 837)

Regulation .02 amended effective August 25, 1997 (24:17 Md. R. 1214)

Regulation .02 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .02 amended effective March 31, 2003 (30:6 Md. R. 420)

Regulation .02A, E amended effective June 15, 2009 (36:12 Md. R. 837)

Regulation .02C amended effective September 13, 1993 (20:18 Md. R. 1430)

Regulation .02D amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .03B amended effective January 2, 1994 (20:26 Md. R. 2027)

Regulation .05 amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .06 amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .07 amended effective January 24, 2000 (27:1 Md. R. 75)

Regulation .07 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .07 amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .07 amended effective October 8, 2007 (34:20 Md. R. 1736)

Regulation .07A amended effective January 2, 1994 (20:26 Md. R. 2027); August 25, 1997 (24:17 Md. R. 1214)

Regulation .07B amended effective August 17, 1992 (19:16 Md. R. 1474); January 2, 1994 (20:26 Md. R. 2027); June 15, 2009 (36:12 Md. R. 837); October 19, 2009 (36:21 Md. R. 1591)

Regulation .07C amended effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .07D amended effective February 19, 2001 (28:3 Md. R. 205)

Regulation .07E amended effective July 9, 1990 (17:13 Md. R. 1610)

Regulation .07G amended effective January 17, 2005 (32:1 Md. R. 27)

Regulation .07H amended effective July 9, 1990 (17:13 Md. R. 1610); June 15, 2009 (36:12 Md. R. 837)

Regulation .07-1 adopted effective March 31, 2003 (30:6 Md. R. 420)

Regulation .09 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)

Regulation .09 amended effective March 31, 2003 (30:6 Md. R. 420); June 15, 2009 (36:12 Md. R. 837)

Regulation .11 adopted as an emergency provision effective January 20, 1989 (16:3 Md. R. 336); adopted permanently effective July 10, 1989 (16:13 Md. R. 1421)

Regulation .11 repealed effective June 15, 2009 (36:12 Md. R. 837)

Regulation .12 adopted as an emergency provision effective November 15, 1989 (16:26 Md. R. 2782); adopted permanently effective February 19, 1990 (17:3 Md. R. 297)

Regulation .12 amended effective February 18, 1991 (18:3 Md. R. 305)

Regulation .12 amended as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); amended permanently effective December 11, 2003 (30:24 Md. R. 1740)

Regulation .12B amended effective November 23, 2006 (33:23 Md. R. 1794)

Regulation .13 adopted effective August 17, 1992 (19:16 Md. R. 1474)

Regulation .14 adopted as an emergency provision effective September 8, 2003 (30:19 Md. R. 1327); adopted permanently effective December 11, 2003 (30:24 Md. R. 1740)

Chapter revised effective January 9, 2012 (38:27 Md. R. 1764)

Regulation .01B amended effective October 28, 2013 (40:21 Md. R. 1774); June 4, 2018 (45:11 Md. R. 578)

Regulation .02 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .03 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .03C amended effective January 18, 2016 (43:1 Md. R. 13)

Regulation .05F amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .06 amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .08B amended effective February 13, 2017 (44:3 Md. R. 188)

Regulation .08I, J amended effective August 29, 2016 (43:17 Md. R. 953)

Regulation .10A amended effective June 4, 2018 (45:11 Md. R. 578)

Regulation .13 amended effective April 15, 2013 (40:7 Md. R. 610)

Regulation .14A amended effective October 28, 2013 (40:21 Md. R. 1774)

Regulation .16 adopted effective June 4, 2018 (45:11 Md. R. 578)