A. A certificate of birth for each live birth which occurs in this state shall be filed with the Commissioner of Health within seven (7) days after the birth. B. When a birth occurs in an institution, the person in charge of the institution or a designated representative shall obtain the personal data, prepare the certificate and secure the signatures required by the certificate. The physician in attendance shall certify to the facts of birth and provide the medical information required by the certificate within five (5) days after the birth. C. When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority: 1. The physician in attendance at or immediately after the birth; 2. Any other person in attendance at or immediately after the birth; or 3. The father, the mother or, in the absence or inability of the father or mother, the person in charge of the premises where the birth occurred and present at the birth. D. 1. If the mother was married at the time of birth, or married at any time during the three hundred (300) calendar days before the birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction or a husband's denial of paternity form has been filed along with an affidavit acknowledging paternity, in which case the name of the father as determined by the court or affidavit acknowledging paternity shall be entered. If there is a refusal to identify paternity on the birth certificate, the State Department of Health is authorized to register a birth certificate as such. 2. If the mother was not married at the time of birth, nor married at any time during the three hundred (300) calendar days before the birth, the name of the father shall be entered on the certificate of birth only if: a. a determination of paternity has been made by an administrative action through the Department of Human Services or a court of competent jurisdiction, in which case the name of the father shall be entered, or b. the mother and father have agreed as to the biological paternity of the child and signed an acknowledgment of paternity pursuant to Section 1-311.3 of this title, or substantially similar affidavit from another state and filed it with the Commissioner of Health. This shall give the unmarried mother and biological father equal rights and obligations to the child. A child whose parentage has been determined as set forth shall be treated as a child of parents who were married at the time of the birth. E. Either of the parents of the child shall sign the certificate of live birth worksheet to attest to the accuracy of the personal data entered thereon, in time to permit its filing within the seven (7) days prescribed in this section. F. If the live birth results from a process in which the delivering mother was carrying the child of another woman by way of a prearranged legal contract, the original birth certificate shall be filed with the personal information of the woman who delivered the child. A new birth certificate will be placed on file once the Department receives both a court order and a completed form prescribed by the Department which identifies the various parties and documents the personal information of the intended parents necessary to complete the new birth certificate. G. Beginning on April 25, 2022, 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". Added by Laws 1963, c. 325, art. 3, § 311, operative July 1, 1963. Amended by Laws 1994, c. 356, § 7, eff. Sept. 1, 1994; Laws 1995, c. 273, § 3, emerg. eff. May 25, 1995; Laws 1996, c. 297, § 25, emerg. eff. June 10, 1996; Laws 1997, c. 402, § 35, eff. July 1, 1997; Laws 1998, c. 323, § 21, eff. Oct. 1, 1998; Laws 2011, c. 105, § 6, eff. Nov. 1, 2011; Laws 2021, c. 83, § 1, eff. Nov. 1, 2021; Laws 2022, c. 87, § 1, emerg. eff. April 26, 2022; Laws 2024, c. 452, § 131, emerg. eff. June 14, 2024; Laws 2025, c. 58, § 2, eff. July 1, 2025.
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