| (a) All certificates of birth shall be filed as required
by the Health and Safety Code, §192.001.
(1) Births occurring in a licensed institution shall
be filed as required by the Health and Safety Code, §192.003.
Licensed institutions include hospitals and birthing centers licensed
by the department.
(2) Births occurring outside licensed institutions
shall be filed as described in this section.
(b) A registered, certified, or documented health care
provider's signature on the birth certificate, or participation in
electronic birth registration shall serve as prima facie evidence
of the essential elements of proof required in subsection (c) of this
section. 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.
(c) The essential elements to register a non-institutional
birth are:
(1) evidence of pregnancy;
(2) evidence that there was an infant born alive;
(3) evidence that the birth occurred in the registration
district; and
(4) evidence that the infant's birth occurred on the
date stated.
(d) Evidence of pregnancy, such as but not limited
to:
(1) prenatal record;
(2) a statement from a physician or other health care
provider qualified to determine pregnancy;
(3) a home visit by a public health nurse or other
health care provider; or
(4) other evidence acceptable to the Local Registrar.
(e) Evidence that there was an infant born alive, such
as, but not limited to:
(1) a statement from the physician or other health
care provider who saw or examined the infant;
(2) an observation of the infant during a home visit
by a public health nurse; or
(3) other evidence acceptable to the Local Registrar.
(f) Evidence that the birth occurred in the registration
district, such as, but not limited to the following.
(1) If the live birth occurred in the mother's residence:
(A) a rent receipt that includes the mother's name
and address;
(B) any type of utility, telephone, or other bill that
includes the mother's name and address;
(C) a credit or debit card receipt that includes the
date and location of the transaction;
(D) a driver's license, or a State-issued identification
card, which includes the mother's current residence on the face of
the license/card; or
(E) other evidence acceptable to the Local Registrar.
(2) If the live birth occurred outside of the mother's
place of residence, and the mother is a resident of this State, such
evidence shall consist of:
(A) an affidavit from the tenant of the premises where
the live birth occurred, that the mother was present on those premises
at the time of the live birth;
(B) evidence of the affiant's residence similar to
that required in paragraph (1) of this subsection;
(C) evidence of the mother's residence in the State
similar to that required in paragraph (1) of this subsection; or
(D) other evidence acceptable to the Local Registrar.
(3) If the mother is not a resident of this State,
such evidence must consist of clear and convincing evidence acceptable
to the Local Registrar.
(g) Evidence that infant's birth occurred on the date
stated, includes but is not limited to:
(1) prenatal record;
(2) a statement from a physician or other health care
provider qualified to determine the date of birth; or
(3) other evidence acceptable to the Local Registrar.
(h) A birth as described in subsection (c) of this
section shall only be filed upon personal presentation of the following
evidence by the individual responsible for the preparation and registering
of the certificate. An identifying document, with photograph, shall
be presented in the following order of preference:
(1) a passport or certificate of naturalization;
(2) a military service or military dependent identification
card;
(3) a United States government identification card,
or national identification card issued by another country;
(4) a current driver's license or other state identification
card;
(5) an alien registration receipt card; or
(6) an employee or student identification card, with
photograph.
(i) A certificate of birth concerning a child who is
between one and four years of age may only be filed by 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 Health and
Safety Code, §192.027.
(j) Each Local Registrar shall notify the State Registrar's
office of any suspicious documents or records submitted or filed with
his/her office.
(k) Blank birth certificate forms shall only be issued
to licensed institutions, certified nurse midwives, documented 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.
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| Source Note: The provisions of this §181.26 adopted to be effective November 19, 1991, 16 TexReg 6298; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective July 22, 2004, 29 TexReg 6936; amended to be effective August 11, 2013, 38 TexReg 4896 |
