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213.071 Establishment of new birth certificate for person born in Commonwealth -- Findings of paternity reported -- Procedure when judgments or acknowledgment of paternity is reversed or modified -- C

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213.071 Establishment of new birth certificate for person born in Commonwealth -- Findings of paternity reported -- Procedure when judgments or <br>acknowledgment of paternity is reversed or modified -- Copies of original birth <br>certificate sealed -- Birth certificate for adopted child. (1) The state registrar shall establish a new certificate of birth for a person born in the Commonwealth when the state registrar receives the following: <br>(a) A report of adoption as provided in KRS 213.066 or a report of adoption prepared and filed in accordance with the laws of another state or foreign <br>country or a certified copy of the decree of adoption, together with the <br>information necessary to identify the original certificate of birth and to <br>establish a new certificate of birth; or (b) A request that a new certificate be established as prescribed by administrative regulation and the evidence as required by administrative regulation proving <br>that the person has been legitimated, or that a court of competent jurisdiction <br>has determined the paternity of the person, or that both parents have <br>acknowledged the paternity of the person in which case the surname of the <br>child shall be changed in accordance with KRS 213.046. (2) If paternity is determined in a court action, the clerk shall report the findings of the court to the state registrar on forms prescribed and furnished for that purpose. The <br>reports shall be made no later than the fifteenth of the month following the date of <br>the order. (3) If a new certificate is established, the actual place and date of birth shall be shown except in the case of adoption. If the adopted child is under eighteen (18) years of <br>age, the birth certificate shall not contain any information revealing the child is <br>adopted and shall show the adoptive parent or parents as the natural parent or <br>parents of the child. The new birth certificate, when issued, shall not contain the <br>place of birth, hospital, or name of the doctor or midwife. This information shall be <br>given only by an order of the court in which the child was adopted. If the child was <br>born in the Commonwealth, the new birth certificate shall show the residence of the <br>adoptive parents as the birthplace of the child, and this shall be deemed for all legal <br>purposes to be the birthplace of the child. (4) The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoption, paternity <br>determination, or paternity acknowledgment shall not be subject to inspection <br>except upon order of a court of competent jurisdiction. (5) If any judgment under this section is reversed, amended, modified, or vacated in any particular, the clerk of the court shall notify the state registrar of the reversal or <br>modification, and the state registrar shall make the changes, if any, in the records as <br>may be necessary by the reversal or modification, or if the voluntary <br>acknowledgment of paternity pursuant to KRS 213.046(4) is rescinded, the state <br>registrar shall make the changes, if any, in the records as may be necessary by the <br>reversal, modification, or rescission of the voluntary acknowledgment of paternity. (6) If a new certificate of birth is established by the state registrar, all copies of the original certificate of birth on file in the local health department shall be sealed and <br>forwarded to the state registrar as the state registrar shall direct. (7) If no birth certificate is on file for an adopted child born in Kentucky, the state registrar shall prepare a certificate of birth in accordance with information furnished <br>by the clerk of the Circuit Court which issued the adoption order. The state registrar <br>shall furnish the clerks of the Circuit Courts the necessary forms to carry out the <br>provisions of this section. Effective: July 15, 1998 <br>History: Amended 1998 Ky. Acts ch. 255, sec. 15, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 369, sec. 13, effective July 13, 1990.