| (a) All certificates of birth shall be filed as required by the Health and Safety Code (the Code), §192.001. Licensed institutions include hospitals or birthing centers licensed by the Texas Department of Health. (1) Births occurring in a licensed institution shall be filed as required by the Code, §192.003. (2) Births occurring outside licensed institutions shall be filed as described in this section. (b) When a birth occurs at any place other than a licensed institution, the certificate of birth must be filed with the local registrar of the registration district in which the birth occurred. The essential elements to file a noninstitutional birth certificate are proof that: (1) the woman who is presenting herself as the mother was pregnant; (2) there was an infant born alive; (3) the infant was born in this registration district; and
(4) the infant's birth occurred on the date stated. (c) The signature on the certificate of the registered, or certified, or documented health care provider shall serve as prima facie evidence of the essential elements of proof required in subsection (b) of this section. (d) A certificate described in subsection (b) of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and filing of the certificate. The local registrar may accept certificates by mail when the signature of the registered, certified, or documented health care provider is on file with that registrar's office. (1) Proof of pregnancy shall be presented in the following order of preference: (A) an affidavit shall be presented from a licensed, registered, or certified health care provider who is qualified to determine pregnancy as part of the
scope of his/her license or registration, or certification; or (B) an affidavit shall be presented from one person, other than the parents, having knowledge of the pregnancy/birth. (2) Proof shall be presented of the mother's presence in the registration district on the date of the birth if the birth occurred outside the locale of the mother's primary place of residence. Such proof shall consist of an affidavit from a person having knowledge of the mother's presence in the registration district in which the birth occurred on the date of the birth. (3) Proof shall be presented of the mother's residence in the registration district if the birth occurred in the mother's primary place of residence, in the following order of preference: (A) a utility, telephone, or other bill which includes the mother's name and address; (B) a rent receipt which includes the
mother's name and address, and the printed name, address, and signature of the mother's landlord; (C) a driver's license, or state issued identification card, which includes the mother's current residence on the face of the license/card; (D) an envelope addressed to the mother at her place of residence, and postmarked prior to the date of the birth; or (E) an affidavit attesting to the mother's place of residence from a person, other than the father, who was either living with the mother at the time of the alleged birth, or has other knowledge of the mother's residency. (4) An identifying document, with photograph, shall be presented by the individual(s) personally presenting the evidence required to file the certificate, in the following order of preference: (A) a passport or certificate of naturalization; (B) a military service or military
dependent identification card; (C) a United States government identification card, or national identification card issued by another country; (D) a current driver's license or other state identification card; (E) an alien registration receipt card (Form I-551); or (F) an employee or student identification card, with photograph. (e) At the discretion of the local registrar, the requirements contained in this section may be supplemented with any additional requirements which may be needed to verify the circumstances of the birth. Such additional requirements may include, but are not limited to, one or more of the following: (1) an unannounced visit to the mother's residence or the place of the alleged birth by a public health nurse, other health professional, registrar staff, or other person including city, county, state, or federal law enforcement officer, prior
to registering the alleged birth. This paragraph does not permit nor give authority to enter these premises unless permission is obtained from the occupant at the time of the visit; (2) multiple forms of identifying documents, with or without photographs, when the documents described in this section are unavailable; (3) personal appearance of both parents, either together or separately; or (4) personal appearance of the infant whose birth certificate the parents are attempting to file. (f) If the required or supplemental evidence described in this section is not available and the registrar is otherwise unable to verify the circumstances of the birth, the birth will be considered as a delayed registration and may only be filed upon order of a court of competent jurisdiction, as prescribed in the Code, §192.027. (g) A certificate of birth concerning a child who is between one and four
years of age may only be filed by the office of the state registrar. The state registrar shall require the same proof and documentation as previously mentioned in this section and, in addition, an affidavit of the parents and the attendant, if any, as to why the certificate was not timely filed. If the proof and documentation are not available, the certificate may only be filed as prescribed by the Code, §192.027. (h) Each local registrar shall notify the state registrar's office of any suspicious documents or records submitted or filed with his/her office. (i) Blank birth certificate forms shall only be issued to licensed institutions, certified nurse midwives, documented (identified) midwives, and individuals by the local registrar or the state registrar in reasonable amounts. No blank birth certificate forms shall be distributed by mail to any one other than a registered, certified, or documented health care provider.
(j) Each local registrar shall maintain a record of the number of blank birth certificate forms and their control number issued to each individual. The local registrar shall submit a copy of this record to the state registrar on a monthly basis.
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