(a)(No change.) (b)A [The signature on the certificate of the] registered, certified, or documented health care provider's signature on the birth certificate, or participation in electronic birth registration [provider] 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 noninstitutional birth are: (1)proof of pregnancy; [in the following order of preference:] [(A)an affidavit 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 from one person, other than the parents, having knowledge of the pregnancy/birth.] (2)proof that there was an infant born alive; (3)proof that the birth occurred in the registration district; and [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. If the birth occurred in the mother's primary place of residence, proof shall be presented 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 or agreement 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; and] (4)proof that the infant's birth occurred on the date stated. (d)-(j)(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel
and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 15, 2004
TRD-200401936 Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: April 25, 2004
For further information, please call: (512) 458-7236
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