193.085. Birth certificate--contents, filing, locale, duties of certain persons, time allowed, attestation.
Birth certificate--contents, filing, locale, duties of certainpersons, time allowed, attestation.
193.085. 1. A certificate of birth for each live birth which occursin this state shall be filed with the local registrar, or as otherwisedirected by the state registrar, within five days after such birth andshall be registered if such certificate has been completed and filedpursuant to the provisions of this section.
2. When a birth occurs in an institution or en route to aninstitution, the person in charge of the institution or such person'sdesignated representative shall obtain the personal data, prepare thecertificate, certify that the child was born alive at the place and timeand on the date stated either by signature or an electronic processapproved by the department, and file the certificate pursuant to thissection or as otherwise directed by the state registrar within the requiredfive days. The physician or other person in attendance shall provide themedical information required by the certificate and certify to the facts ofbirth within five days after the birth. If the physician or other personin attendance does not certify to the facts of birth within the five-dayperiod, the person in charge of the institution shall complete thecertificate.
3. When a birth occurs outside an institution, the certificate shallbe prepared and filed by one of the following in the indicated order ofpriority:
(1) The physician in attendance at or immediately after the birth;
(2) Any other person in attendance at or immediately after the birth;
(3) The father, the mother, or, in the absence of the father and theinability of the mother, the person in charge of the premises where thebirth occurred.
4. When a birth occurs on a moving conveyance within the UnitedStates and the child is first removed from the conveyance in this state,the birth shall be registered in this state and such place shall beconsidered the place of birth. When a birth occurs on a moving conveyancewhile in international waters or air space or in a foreign country or itsair space and the child is first removed from the conveyance in this state,the birth shall be registered in this state but the certificate shall showthe actual place of birth insofar as can be determined.
5. If the mother was married at the time of either conception orbirth, or between conception and birth, the name of the husband shall beentered on the certificate as the father of the child, unless:
(1) Paternity has been determined otherwise by a court of competentjurisdiction; or
(2) The mother executes an affidavit attesting that the husband isnot the father and the putative father is the father, and the putativefather executes an affidavit attesting that he is the father, and thehusband executes an affidavit attesting that he is not the father. If suchaffidavits are executed, the putative father shall be shown as the fatheron the birth certificate and the signed acknowledgment of paternity shallbe considered a legal finding of paternity. The affidavits shall be asprovided for in section 193.215.
6. In any case in which paternity of a child is determined by a courtof competent jurisdiction, the name of the father and surname of the childshall be entered on the certificate of birth pursuant to the finding andorder of the court.
7. Notwithstanding any other law to the contrary, if a child is bornto unmarried parents, the name of the father and other required informationshall be entered on the certificate of birth only if an acknowledgment ofpaternity pursuant to section 193.215 is completed, or if paternity isdetermined by a court of competent jurisdiction or by an administrativeorder of the family support division.
8. If the father is not named on the certificate of birth, no otherinformation about the father shall be entered on the certificate.
9. The birth certificate of a child born to a married woman as aresult of artificial insemination, with consent of her husband, shall becompleted pursuant to the provisions of subsection 5 of this section.
10. Either of the parents of the child, or other informant, shallattest to the accuracy of the personal data entered on the certificate intime to permit the filing of the certificate within the required five days.
(L. 1984 S.B. 574, A.L. 1997 S.B. 361, A.L. 2005 S.B. 74 & 49)