1. A. An attending clinician in charge of a birth outside an institution shall:

   1. (1) Prepare the forms required by the Secretary to register the birth; and
   2. (2) File the forms.

2. B. If a birth occurs outside an institution and an attending clinician is not in charge of the birth, the local health officer or designee of the jurisdiction where the birth occurs shall:

   1. (1) Verify the facts regarding the birth by obtaining the documentation required by §D of this regulation;
   2. (2) Sign the birth record; and
   3. (3) File the birth record with the Secretary.

3. C. If the facts regarding a birth cannot be verified by the local health officer of the jurisdiction where the birth occurs, in order for the Secretary to create a birth record, an individual listed in Health-General Article, §4-208(b), Annotated Code of Maryland, shall obtain an order from a court of competent jurisdiction that:

   1. (1) Lists the facts about the birth; and
   2. (2) Authorizes the Secretary to create the birth record according to the facts.

4. D. The following documentation shall be required to verify a birth outside an institution when an attending clinician is not in charge of the birth:

   1. (1) A valid, unexpired, government-issued identification document for the child’s mother in the form of a:

      1. (a) Driver’s license;
      2. (b) State-issued photo identification card;
      3. (c) Passport;
      4. (d) Permanent resident card;
      5. (e) Military identification card; or

      6. (f) A signed statement the mother does not have any of the identification documents listed in §D(1)(a)—(e) of this regulation and two of the following documents that contain the applicant’s name and current address:

         1. (i) Utility bill;
         2. (ii) Car registration form;
         3. (iii) Pay stub;
         4. (iv) Bank statement;
         5. (v) Income tax return;
         6. (vi) Income tax W-2 form;
         7. (vii) Lease or rental agreement; or
         8. (viii) Letter from a government agency;

   2. (2) Evidence of pregnancy in the form of:

      1. (a) A prenatal or postnatal medical record that is consistent with the date of delivery and includes the:

         1. (i) Mother’s name, date of birth, and date of health exam; and
         2. (ii) Health care provider’s signature, printed name, signature date, and license number;
      2. (b) A statement from a physician or certified nurse midwife licensed in the United States, or a direct-entry midwife licensed in Maryland, who has first-hand knowledge of the pregnancy and is willing to attest to the fact of pregnancy;
      3. (c) Preregistration with the local health department during pregnancy, including a face-to-face interview and physical examination;
      4. (d) Documentation of a home visit by a public health nurse or other health care provider who has first-hand knowledge of the pregnancy; or
      5. (e) Other evidence acceptable to the Secretary;

   3. (3) Evidence of live birth in the form of:

      1. (a) A statement from a physician, certified nurse midwife, or other licensed health care provider who saw or examined the infant within the first 2 weeks of life;
      2. (b) An observation of the infant during a home visit by a public health nurse or licensed health care provider during the first 2 weeks of life; or
      3. (c) Other evidence acceptable to the Secretary; and

   4. (4) Evidence of place of delivery in the State as follows:

      1. (a) If the birth occurred in the mother’s place of residence, evidence of place of delivery shall be in the form of:

         1. (i) A driver’s license or other State-issued identification document that includes the mother’s current Maryland address;
         2. (ii) A rent receipt, mortgage statement, or deed that includes the mother’s name and Maryland address;
         3. (iii) A recent pay stub that includes the mother’s name and Maryland address; or
         4. (iv) Other evidence acceptable to the Secretary;

      2. (b) If the birth occurred outside the mother’s place of residence and the mother is a resident of Maryland, evidence shall be in the form of:

         1. (i) An affidavit from the tenant of the premises where the birth occurred stating that the mother was present on those premises at the time of the birth;
         2. (ii) Evidence of the affiant’s residence similar to that required in §D(4)(a) of this regulation; and
         3. (iii) Evidence of the mother’s residence in the State similar to that required in §D(4)(a) of this regulation; or
      3. (c) If the mother is not a resident of Maryland, evidence shall consist of clear and convincing evidence acceptable to the Secretary.

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)