Health, Department of

Vital Records Services

Chapter 3: Birth Registration

Effective Date: 10/01/1993 to 07/02/1997

Rule Type: Superceded Rules & Regulations

Reference Number: 048.0059.3.10011993

Date Filed 10/01/93

Expr Date

Supr Date

Repeal Date

Document Type RULES

CHAPTER III

BIRTH REGISTRATION

Section 1. General Requirements.

(a) For births which occur in a health care facility, the person in charge or his representative shall secure all necessary information and signatures on the certificate.

(b) For births which occur either in a health care facility or enroute to a health care facility, the physician in attendance shall certify the facts of birth and provide the medical information required by the certificate.

(c) When a birth occurs outside a health care facility, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(i) The physician in attendance at or immediately after the birth, or in the absence of such a person;

(ii) any other person in attendance at or immediately after the birth; or

(iii) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

(d) The informant, preferably the mother (or the father, or another adult having personal knowledge of the facts concerning the birth) is responsible for providing the facts and signing the hospital worksheet to certify that the information is correct. The informant should sign the birth certificate after checking it for errors.

(e) All certificates of birth shall be filed with the local registrar within ten (10) days.

(f) If the birth certificate is filed after ten (10) days, but within one (1) year from the date of birth, the State Registrar of Vital Records may require documentary evidence supporting the facts of birth.

Section 2. Name of Father on Birth Certificate; Surname of Child.

(a) Requirements when the mother was married at the time of conception or birth:

(i) If the mother was married at the time of conception or birth the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.

(ii) If the mother was married at the time of conception or birth, the child's surname can be determined by the legal parents. When giving a child a surname other than that of the father, both parents must certify in writing their agreement to the surname given.

(iii) If the mother was married at the time of conception, but divorced prior to the birth of the child and the divorce decree determines paternity or the surname of the child, the information as stated in the decree shall be entered on the certificate. A certified copy of the decree must be forwarded to Vital Records Services.

(b) Requirements when the mother was not married at the time of conception or birth:

(i) If the mother was not married at the time of conception or birth, the name of the father shall not be entered on the birth certificate unless a notarized affidavit acknowledging paternity signed by both natural parents is received; or unless paternity has been determined by a court of competent jurisdiction.

(ii) If the mother was not married at the time of conception or birth, the surname of the child shall be the same as the legal surname of the mother at the time of birth unless a notarized affidavit acknowledging paternity signed by both natural parents is received stating the surname of the child to be that of the father.

(iii) If the father is not named on the certificate of birth, no other information about the father shall be entered.

(iv) Acknowledgement of paternity must be on a form supplied or approved by Vital Records Services.

(v) If either natural parent is a minor, his or her legal guardian must also sign the affidavit acknowledging paternity.

(vi) When paternity is acknowledged after the birth certificate is received by Vital Records Services, the paternity affidavit will be held until ninety (90) days have elapsed from the date of the signature of the person claiming to be the natural father to permit the withdrawal of the affidavit. After the ninety (90) days have elapsed, if the affidavit has not been withdrawn, the birth certificate shall be marked 'Amended' and an affidavit of correction stating the father's name and the child's surname, if different, shall be made a part of the birth certificate.

(vii) A father's name may only be removed from a birth certificate by court order or by a withdrawal of an affidavit acknowledging paternity as specified in Chapter IV, Section 4, herein. After a father's name is removed from a birth certificate, a court order is required to add another name.

Section 3. Infants of Unknown Parentage. The certificate of an infant of unknown parentage shall be registered by the State Registrar and shall:

(a) Have 'Foundling' plainly marked in the top margin of the certificate;

(b) Show the approximate date of birth;

(c) Show the place of birth as the city and county in which the child was found;

(d) Contain no statements on parentage;

(e) In place of the signature of the attendant at birth, show the signature of the custodian of the child and indicate the custodian's title, if any.