Sec. 3701.46. In reporting every birth and fetal death, | 10 |
physicians, certified nurse-midwives, and others required to make | 11 |
the reports shall state on the birth or fetal death certificate, | 12 |
as the case may be, whether approved tests for syphilis and | 13 |
gonorrhea have been made in an approved laboratory upon specimens | 14 |
taken from the woman who bore the child for which the certificate | 15 |
is filed, and the approximate date when the specimens were taken. | 16 |
If the tests were not made, the physician, certified | 17 |
nurse-midwife, or other person shall state the reasons why the | 18 |
tests were not made. In no event shall the results of the tests be | 19 |
stated on the birth or fetal death certificate. | 20 |
(B) When a birth occurs in or en route to an institution, the | 92 |
person in charge of the institution or a designated representative | 93 |
shall obtain the personal data, prepare the certificate, secure | 94 |
the signatures required, and file the certificate within ten days | 95 |
with the local registrar of vital statistics. The physician or | 96 |
certified nurse-midwife in attendance shall provide the medical | 97 |
information required by the certificate and certify to the facts | 98 |
of birth within seventy-two hours after the birth. | 99 |
(E) When a birth occurs in a moving conveyance within the | 115 |
United States and the child is first removed from the conveyance | 116 |
in this state, the birth shall be registered in this state and the | 117 |
place where it is first removed shall be considered the place of | 118 |
birth. When a birth occurs on a moving conveyance while in | 119 |
international waters or air space or in a foreign country or its | 120 |
air space and the child is first removed from the conveyance in | 121 |
this state, the birth shall be registered in this state but the | 122 |
record shall show the actual place of birth insofar as can be | 123 |
determined. | 124 |
(2) If the mother was not married at the time of conception | 131 |
or birth or between conception and birth, the child shall be | 132 |
registered by the surname designated by the mother. The name of | 133 |
the father of such child shall also be inserted on the birth | 134 |
certificate if both the mother and the father sign an | 135 |
acknowledgement of paternity affidavit before the birth record has | 136 |
been sent to the local registrar. If the father is not named on | 137 |
the birth certificate pursuant to division (F)(1) or (2) of this | 138 |
section, no other information about the father shall be entered on | 139 |
the record. | 140 |
(G) When a man is presumed, found, or declared to be the | 141 |
father of a child, according to section 2105.26, sections 3111.01 | 142 |
to 3111.18, former section 3111.21, or sections 3111.38 to 3111.54 | 143 |
of the Revised Code, or the father has acknowledged the child as | 144 |
his child in an acknowledgment of paternity, and the | 145 |
acknowledgment has become final pursuant to section 2151.232, | 146 |
3111.25, or 3111.821 of the Revised Code, and documentary evidence | 147 |
of such fact is submitted to the department of health in such form | 148 |
as the director may require, a new birth record shall be issued by | 149 |
the department which shall have the same overall appearance as the | 150 |
record which would have been issued under this section if a | 151 |
marriage had occurred before the birth of such child. Where | 152 |
handwriting is required to effect such appearance, the department | 153 |
shall supply it. Upon the issuance of such new birth record, the | 154 |
original birth record shall cease to be a public record. Except as | 155 |
provided in division (C) of section 3705.091 of the Revised Code, | 156 |
the original record and any documentary evidence supporting the | 157 |
new registration of birth shall be placed in an envelope which | 158 |
shall be sealed by the department and shall not be open to | 159 |
inspection or copy unless so ordered by a court of competent | 160 |
jurisdiction. | 161 |
The department shall then promptly forward a copy of the new | 162 |
birth record to the local registrar of vital statistics of the | 163 |
district in which the birth occurred, and such local registrar | 164 |
shall file a copy of such new birth record along with and in the | 165 |
same manner as the other copies of birth records in such local | 166 |
registrar's possession. All copies of the original birth record in | 167 |
the possession of the local registrar or the probate court, as | 168 |
well as any and all index references to it, shall be destroyed. | 169 |
Such new birth record, as well as any certified or exact copy of | 170 |
it, when properly authenticated by a duly authorized person shall | 171 |
be prima-facie evidence in all courts and places of the facts | 172 |
stated in it. | 173 |
(I) Every birth certificate filed under this section on or | 179 |
after July 1, 1990, shall be accompanied by all social security | 180 |
numbers that have been issued to the parents of the child, unless | 181 |
the division of child support in the department of job and family | 182 |
services, acting in accordance with regulations prescribed under | 183 |
the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, | 184 |
as amended, finds good cause for not requiring that the numbers be | 185 |
furnished with the certificate. The parents' social security | 186 |
numbers shall not be recorded on the certificate. The local | 187 |
registrar of vital statistics shall transmit the social security | 188 |
numbers to the state office of vital statistics in accordance with | 189 |
section 3705.07 of the Revised Code. No social security number | 190 |
obtained under this division shall be used for any purpose other | 191 |
than child support enforcement. | 192 |
Sec. 3705.15. Whoever claims to have been born in this | 193 |
state, and whose registration of birth is not recorded, or has | 194 |
been lost or destroyed, or has not been properly and accurately | 195 |
recorded, may file an application for registration of birth or | 196 |
correction of the birth record in the probate court of the county | 197 |
of the person's birth or residence or the county in which the | 198 |
person's mother resided at the time of the person's birth. If the | 199 |
person is a minor the application shall be signed by either parent | 200 |
or the person's guardian. | 201 |
(A) An application to correct a birth record shall set forth | 202 |
all of the available facts required on a birth record and the | 203 |
reasons for making the application, and shall be verified by the | 204 |
applicant. Upon the filing of the application the court may fix a | 205 |
date for a hearing, which shall not be less than seven days after | 206 |
the filing date. The court may require one publication of notice | 207 |
of the hearing in a newspaper of general circulation in the county | 208 |
at least seven days prior to the date of the hearing. The | 209 |
application shall be supported by the affidavit of the physician | 210 |
or certified nurse-midwife in attendance. If an affidavit is not | 211 |
available, the application shall be supported by the affidavits of | 212 |
at least two persons having knowledge of the facts stated in the | 213 |
application, by documentary evidence, or by other evidence the | 214 |
court deems sufficient. | 215 |
The probate judge, if satisfied that the facts are as stated, | 216 |
shall make an order correcting the birth record, except that in | 217 |
the case of an application to correct the date of birth, the judge | 218 |
shall make the order only if any date shown as the date the | 219 |
attending physician or certified nurse-midwife signed the birth | 220 |
record or the date the local registrar filed the record is | 221 |
consistent with the corrected date of birth. If supported by | 222 |
sufficient evidence, the judge may include in an order correcting | 223 |
the date of birth an order correcting the date the attending | 224 |
physician or certified nurse-midwife signed the birth record or | 225 |
the date the local registrar filed the record. | 226 |
(B) An application of a person whose registration of birth is | 227 |
not recorded, or has been lost or destroyed, must comply with | 228 |
division (A) of this section. Upon the filing of the application | 229 |
the court may fix a date for a hearing, which shall not be not | 230 |
less than seven days after the filing date. The court may require | 231 |
one publication of notice of the hearing in a newspaper of general | 232 |
circulation in the county at least seven days prior to the date of | 233 |
the hearing. The probate judge, or a special master commissioner, | 234 |
shall personally examine the applicant in open court and shall | 235 |
take sworn testimony on the application which shall include the | 236 |
testimony of at least two credible witnesses, or clear and | 237 |
convincing documentary evidence. The probate court may conduct any | 238 |
necessary investigation, and shall permit the applicant and all | 239 |
witnesses presented to be cross-examined by any interested person, | 240 |
or by the prosecuting attorney of the county. When a witness or | 241 |
the applicant is unable to appear in open court, the court may | 242 |
authorize the taking of the witness's or applicant's deposition. | 243 |
The court may cause a complete record to be taken of the hearing, | 244 |
shall file it with the other papers in the case, and may order the | 245 |
transcript of the testimony to be filed and made a matter of | 246 |
record in the court. Upon being satisfied that notice of the | 247 |
hearing on the application has been given by publication, if | 248 |
required, and that the claim of the applicant is true, the court | 249 |
shall make a finding upon all the facts required on a birth | 250 |
record, and shall order the registration of the birth of the | 251 |
applicant. The court shall forthwith transmit to the director of | 252 |
health a certified summary of its finding and order, on a form | 253 |
prescribed by the director, who shall file it in the records of | 254 |
the central division of vital statistics. | 255 |
The application, affidavits, findings, and orders of the | 262 |
court, together with a transcript of the testimony if ordered by | 263 |
the court, for the correction of a birth record or for the | 264 |
registration of a birth, shall be recorded in a book kept for that | 265 |
purpose and shall be properly indexed. The book shall become a | 266 |
part of the records of the probate court. | 267 |
(D)(1) Except as provided in division (D)(2) of this section, | 268 |
whenever a correction is ordered in a birth record under division | 269 |
(A) of this section, the court ordering the correction shall | 270 |
forthwith forward to the department of health a certified copy of | 271 |
the order containing such information as will enable the | 272 |
department to prepare a new birth record. Thereupon, the | 273 |
department shall record a new birth record using the correct | 274 |
information supplied by the court and the new birth record shall | 275 |
have the same overall appearance as the original record which | 276 |
would have been issued under this chapter. Where handwriting is | 277 |
required to effect that appearance, the department shall supply | 278 |
it. Upon the preparation and filing of the new birth record, the | 279 |
original birth record and index references shall cease to be a | 280 |
public record. The original record and all other information | 281 |
pertaining to it shall be placed in an envelope which shall be | 282 |
sealed by the department, and its contents shall not be open to | 283 |
inspection or copy unless so ordered by the probate court of the | 284 |
county that ordered the correction. | 285 |
The department shall promptly forward a copy of the new birth | 286 |
record to the local registrar of vital statistics of the district | 287 |
in which the birth occurred and the local registrar shall file a | 288 |
copy of the new birth record along with and in the same manner as | 289 |
the other copies of birth records in the local registrar's | 290 |
possession. All copies of the original birth record, as well as | 291 |
any and all other papers, documents, and index references | 292 |
pertaining to it, in the possession of the local registrar shall | 293 |
be destroyed. The probate court shall retain permanently in the | 294 |
file of its proceedings such information as will enable the court | 295 |
to identify both the original birth record and the new birth | 296 |
record. | 297 |
(2) If the correction ordered in the birth record under | 302 |
division (A) of this section involves a change in the date of | 303 |
birth of the applicant and the department of health determines | 304 |
that the corrected date of birth is inconsistent with the date | 305 |
shown as the date the attending physician or certified | 306 |
nurse-midwife signed the birth record or the date the local | 307 |
registrar filed the record, the department shall request that the | 308 |
court reconsider the order and, if appropriate, make a new order | 309 |
in which the dates are consistent. If the court does not make a | 310 |
new order within a reasonable time, instead of issuing a new birth | 311 |
record, the department shall file and record the court's order in | 312 |
the same manner as other birth records and make a cross-reference | 313 |
on the original and on the corrected record. | 314 |
(B) The product of human conception of at least twenty weeks | 334 |
of gestation that suffers a fetal death of at least twenty weeks | 335 |
of gestation occurring in Ohio shall not be interred, deposited in | 336 |
a vault or tomb, cremated, or otherwise disposed of by a funeral | 337 |
director or other person until a fetal death certificate or | 338 |
provisional death certificate has been filed with and a burial | 339 |
permit is issued by the local registrar of vital statistics of the | 340 |
registration district in which the fetal death occurs, or the body | 341 |
is found. | 342 |
Sec. 3705.23. (A)(1) Except as otherwise provided in this | 362 |
section, the director of health, the state registrar, or a local | 363 |
registrar, on receipt of a signed application and the fee | 364 |
specified in section 3705.24 of the Revised Code, shall issue a | 365 |
certified copy of a vital record, or of a part of a vital record, | 366 |
in the director's or registrar's custody to any applicant, unless | 367 |
the vital record has ceased to be a public record pursuant to | 368 |
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code. | 369 |
The certified copy shall show the date the vital record was | 370 |
registered by the local registrar. | 371 |
(2) A certified copy of a vital record may be made by a | 372 |
mechanical, electronic, or other reproduction process. It shall be | 373 |
certified as a true copy by the director, state registrar, or | 374 |
local registrar who has custody of the record and shall include | 375 |
the date of issuance, the name of the issuing officer, the | 376 |
signature of the officer or an authorized facsimile of the | 377 |
signature, and the seal of the issuing office. | 378 |
(4)(a) Information contained in the "information for medical | 384 |
and health use only" section of a birth record shall not be | 385 |
included as part of a certified copy of the birth record unless | 386 |
the information specifically is requested by the individual to | 387 |
whose birth the record attests, either of the individual's parents | 388 |
or the individual's guardian, a lineal descendant, or an official | 389 |
of the federal or state government or of a political subdivision | 390 |
of the state charged by law with detecting or prosecuting crime. | 391 |
(b) Except as provided in division (A)(4)(a) of this section, | 392 |
neither the office of vital statistics nor a local registrar shall | 393 |
disclose information contained in the "information for medical and | 394 |
health use only" section of a birth record unless a court, for | 395 |
good cause shown, orders disclosure of the information or the | 396 |
state registrar specifically authorizes release of the information | 397 |
for statistical or research purposes under conditions the state | 398 |
registrar, subject to the approval of the director of health, | 399 |
shall establish by rule. | 400 |
(B)(1) Unless the applicant specifically requests a certified | 401 |
copy, the director, the state registrar, or a local registrar, on | 402 |
receipt of a signed application for a birth record and the fee | 403 |
specified in section 3705.24 of the Revised Code, may issue a | 404 |
certification of birth, and the certification of birth shall | 405 |
contain at least the name, sex, date of birth, registration date, | 406 |
and place of birth of the person to whose birth the record attests | 407 |
and shall attest that the person's birth has been registered. A | 408 |
certification of birth shall be prima-facie evidence of the facts | 409 |
stated in it in all courts and places. | 410 |
(2) The director or the state registrar, on the receipt of a | 411 |
signed application for an heirloom certification of birth and the | 412 |
fee specified in section 3705.24 of the Revised Code, may issue an | 413 |
heirloom certification of birth. The director shall prescribe by | 414 |
rule guidelines for the form of an heirloom certification of | 415 |
birth, and the guidelines shall require the heirloom certification | 416 |
of birth to contain at least the name, sex, date of birth, | 417 |
registration date, and place of birth of the person to whose birth | 418 |
the record attests and to attest that the person's birth has been | 419 |
registered. An heirloom certification of birth shall be | 420 |
prima-facie evidence of the facts stated in it in all courts and | 421 |
places. | 422 |
(3)(a) The director or the state registrar, on the receipt of | 423 |
an application signed by either parent, shall issue a certificate | 424 |
recognizingthat recognizes the delivery of a stillborn infant. | 425 |
The director shall prescribe guidelines by rule for the form of | 426 |
the certificate. The guidelines shall require that the certificate | 427 |
contain at least the name, sex, date of delivery, and place of | 428 |
delivery. The director or the state registrar shall not charge no | 429 |
a fee for the certificate. AThe certificate recognizing the | 430 |
delivery of a stillborn infant is not proof of a live birth for | 431 |
purposes of federal, state, and local taxes. | 432 |
(b) If, prior to the effective date of this amendment, a | 439 |
parent obtained a certificate that contains the word "stillborn" | 440 |
or "stillbirth" or any other words having the same or a similar | 441 |
meaning, the parent may submit to the director or state registrar | 442 |
a written request for issuance of a certificate that meets the | 443 |
conditions specified in division (B)(3)(a) of this section. On | 444 |
receipt of the request, the director or state registrar shall | 445 |
issue the certificate.
| 446 |