(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 Health and Safety Code, §192.003. Licensed institutions include hospitals and birthing centers licensed by the Texas Department of Health. (2)Births occurring outside licensed institutions shall be filed as described in this section. (b)[(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 (c) [(b)] 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)[(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 register [file] a noninstitutional birth [certificate] are [proof that]: (1)proof of pregnancy in the following order of preference: [the woman who is presenting herself as the mother was pregnant; ] (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)that there was an infant born alive; and (3)proof 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. [(3)the infant was born in this registration district; and] (4)the infant's birth occurred on the date stated. (d)A birth [certificate] as described in subsection (c) [(b)] of this section shall only be filed upon personal presentation of the following evidence by the individual responsible for the preparation and registering [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: (1)[(A)] a passport or certificate of naturalization; (2)[(B)] a military service or military dependent identification card; (3)[(C)] a United States government identification card, or national identification card issued by another country; (4)[(D)] a current driver's license or other state identification card; (5)[(E)] an alien registration receipt card [(Form I-551);] or (6)[(F)] an employee or student identification card, with photograph. (e)(No change.) (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 Health and Safety Code, §192.027. (h)(No change.) (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)(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 April 9, 2001
TRD-200102025 Susan K. Steeg
General Counsel
Texas Department of Health
Earliest possible date of adoption: May 20, 2001
For further information, please call: (512) 458-7236
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