Current through Register Vol. 42, No. 11, August 30, 2024
(1) When
a birth occurs in this state outside an institution but is attended by a
physician, the facts of birth shall be certified by that physician.
(2) When a birth occurs in this state outside
an institution and the mother and infant are taken to an institution within 24
hours after the birth, the person in charge of the institution or his or her
designated representative shall certify to the facts of birth.
(3) When a birth occurs in this state outside
an institution and without the attendance of a physician or without the mother
and infant being taken to an institution within 24 hours after the birth, the
following additional documentary evidence must be provided to support the facts
of birth:
(a) Evidence of pregnancy of the
mother as shown by
1. One of the following
documents provided directly from the original source:
a. Prenatal care record;
b. A written statement from a physician or
other health care provider qualified to determine pregnancy;
c. Prenatal blood analysis or positive
pregnancy test results from a laboratory; or d. Notarized affidavit from
employer that mother has been granted maternity leave.
2. If none of the documents above are
available, notarized affidavits from at least three adult non-family members
who were present at the delivery or who can provide sufficient information to
support their knowledge of the pregnancy will be considered.
3. Other evidence acceptable to the State
Registrar.
(b) Evidence
that the infant was born alive as shown by
1.
One of the following documents provided directly from the original source:
a. A written statement from a physician or
other health care provider who saw or examined the infant, or
b. Documentation that the infant received
service during a visit to a public health department.
2. If none of the documents above are
available, notarized affidavits from at least three adult non-family members
who were present at the delivery or who can provide sufficient information to
support their knowledge that the infant was born alive will be
considered.
3. Other evidence
acceptable to the State Registrar.
(c) Evidence of the mother's presence in this
state on the date of birth, such as but not limited to:
1. If the birth occurred at the mother's
place of residence:
a. A rent receipt or
utility bill covering the period when the birth occurred that includes the
mother's name, or the father's name if the parents are married, and the address
where the birth occurred; or
b.
Other probative evidence which establishes the above.
2. If the birth occurred outside the mother's
place of residence:
a. If the mother is a
resident of this state, a sworn affidavit from the tenant of the premises where
the birth occurred that the mother was present at that location at the time of
the birth, documentary evidence of that affiant's residence at the time the
child was born; and documentary evidence of the mother's residence in this
state at the time of birth; or
b.
If the mother was not a resident of this state, documentary evidence that is
acceptable to the State Registrar to support that the mother was in this state
when the birth occurred.
(4) When the State Registrar has reasonable
cause to question the validity or adequacy of the documentary evidence or a
sworn statement provided, the birth shall not be registered.
(5) If the required evidence is not available
and the State Registrar is unable to verify the facts of birth, the birth may
not be registered except as provided in Code of Ala.
1975, §
22-9A-10.
Author: Dorothy Harshbarger
Statutory Authority:
Code of Ala.
1975, §§
22-9A-2,
22-9A-7,
22-9A-9,
22-9A-10.
