§ 23-3-15 - New certificates of birth following adoption – Legitimation and paternity determination.
SECTION 23-3-15
§ 23-3-15 New certificates of birthfollowing adoption – Legitimation and paternity determination. – (a) The state registrar of vital records shall establish a new certificate ofbirth for a person born in this state when he or she receives the following:
(1) An adoption report as provided in § 23-3-14 or acertified copy of the decree of adoption together with the informationnecessary to identify the original certificate of birth and to establish a newcertificate of birth; except that a new certificate of birth shall not beestablished if the court decreeing the adoption, the adoptive parents, or theadopted person requests that a new certificate shall not be established.
(2) A request that a new certificate be established andevidence required by regulation proving that the person has been legitimated,or that a court of competent jurisdiction has determined the paternity of theperson; provided, however, that where a court of competent jurisdiction hasdetermined the paternity of the person, the name of the person who has beenadjudicated as being the father shall be inserted on the birth certificate.
(b) When a new certificate of birth is established, theactual place and date of birth shall be shown. It shall be substituted for theoriginal certificate of birth.
(1) Thereafter, the original certificate and the evidence ofadoption, paternity, or legitimation shall not be subject to inspection exceptupon order of a court of competent jurisdiction or as provided by regulation.
(2) Upon receipt of a notice of annulment of adoption, theoriginal certificate of birth shall be restored to its place in the files andthe new certificate and evidence shall not be subject to inspection except uponorder of a court of competent jurisdiction.
(3) Upon receipt from a passive voluntary adoption mutualconsent registry of a certificate provided for in § 15-7.2-12(b), theadult adoptee named in the certificate, and only that person, shall be entitledto receive non-certified copies of his or her original birth certificate.
(c) If no certificate of birth is on file for the person forwhom a new certificate is to be established under this section, a delayedcertificate of birth shall be filed with the state registrar of vital recordsas provided in § 23-3-12 or 23-3-13, before a new certificate of birth isestablished, except that when the date and place of birth and parentage havebeen established in accordance with this chapter in the adoption proceedings, adelayed certificate shall not be required.
(d) When a new certificate of birth is established by thestate registrar of vital records, all copies of the original certificate ofbirth in the custody of any custodian of permanent local records in this stateshall be sealed from inspection or forwarded to the state registrar of vitalrecords, as he or she shall direct.
(e) The state registrar shall, upon request, prepare andregister a certificate in this state for a person born in a foreign country whois not a citizen of the United States and who was adopted through a court ofcompetent jurisdiction in this state. The certificate shall be established uponreceipt of a report of adoption from the court decreeing the adoption, proof ofthe date and place of the child's birth, and a request from the court, theadopting parents, or the adopted person if eighteen (18) years of age or overthat a certificate be prepared. The certificate shall be labeled "certificateof foreign birth" and shall show the actual country of birth. Afterregistration of the birth certificate in the new name of the adopted person,the state registrar shall seal and file the report of adoption which shall notbe subject to inspection except upon order of a court of competent jurisdictionor as provided by regulation.
(2) If the child was born in a foreign country but was acitizen of the United States at the time of birth, the state registrar shallnot prepare a "certificate of foreign birth" and shall notify the adoptiveparents of the procedures for obtaining a revised birth certificate for theirchild through the U.S. department of state.
(f) When a new certificate of birth is established followingan adoption or legitimation in this state, and when no record of the originalbirth is on file at the city or town of occurrence, the state registrar ofvital records shall cause a copy to be filed with the registrar of births inthe city or town where the child was born and the city or town of residence ofthe parents indicated on the new certificate, if that residence is within thestate.