Title 31, Chapter 10, Section 9
( 31-10-9)
(a) A certificate of birth for each live birth which occurs in this
state shall be filed with the local registrar of the county in which
the birth occurs within ten days after such birth and filed in
accordance with this Code section and regulations of the department. (b) When a birth occurs in an institution or enroute thereto, the
person in charge of such institution or that person's designated
representative shall obtain the personal data, prepare the birth
certificate, secure the signatures required for the certificate, and
file it with the local registrar. The physician in attendance shall
certify to the facts of birth and provide the medical information
required by the certificate within 72 hours after the birth occurs.
If the physician in attendance does not certify to the facts of
birth within the 72 hour period, the person in charge of the
institution or that person's designated representative shall
complete and sign the certificate. (c) Except as provided in subsection (b) of this Code section, 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 or midwife in attendance at or immediately after
the birth, or in the absence of such person; (2) Any other person in attendance at or immediately after the
birth, or in the absence of such a person; (3) The father, the mother, or in the absence of the father and
inability of the mother, the person in charge of the premises
where the birth occurred. (d) When a birth occurs on a moving conveyance within the United
States and the child is first removed from the conveyance in this
state, the birth shall be registered in this state and the place
where it is first removed shall be considered the place of birth.
When a birth occurs on a moving conveyance while in international
waters or airspace or in a foreign country or its airspace and the
child is first removed from the conveyance in this state, the birth
shall be registered in this state but the certificate shall show the
actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be
entered on the certificate of live birth as follows: (1) If the mother was married either at the time of conception or
at the time of 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 having jurisdiction, in which
case the name of the father as determined by the court shall be
entered; (2) If the mother is not married to the father at either the time
of conception or at the time of birth, the name of the putative
father shall not be entered on the certificate of birth without
the written consent of the mother and the person to be named as
father;
(3) In any case in which paternity of a child is determined by a
court of competent jurisdiction, the name of the father and the
surname of the child shall be entered on the certificate of birth
in accordance with the finding and order of the court; (4) If the father is not named on the certificate of birth, no
other information about the father shall be entered on the
certificate; or (5) In all other cases, the surname of the child shall be the
legal surname of the mother at the time of the birth. (f) The birth certificate of a child born to a married woman as a
result of artificial insemination, with consent of her husband,
shall be completed in accordance with the provisions of subsection
(e) of this Code section. (g) Either of the parents of the child, or other informant, shall
attest to the accuracy of the personal data entered on the
certificate in time to permit the filing of the certificate within
the ten days prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the
recorded person by name and the name of each legal parent of such
person and the name of all other persons required by this Code
section or by regulation. No obscenities, numbers, symbols, or
other such nonidentifying name information will be accepted. If a
legal parent has not decided upon a name for the child before the
time limits established in this Code section, the birth record shall
be registered without the child's name unless a court order provides
otherwise. |