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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3193 By: Williams
AS INTRODUCED
An Act relating to birth certificates; amending 63
O.S. 2021, Section 1-311, which relates to contents
of a birth certificate; modifyin g requirement;
requiring a father's name listed; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-311, is
amended to read as follows :
Section 1-311. A. A certificate of birth for each live birth which
occurs in this state shall be filed with the State Registrar, within
seven (7) days after the birth.
B. When a birth occurs in an instit ution, the person in charge
of the institution or a designated representati ve shall obtain the
personal data, prepare the certificate , and secure the signatures
required by the certificate. The physician in attendance shall
certify to the facts of birth a nd provide the medical information
required by the certificate within five (5) days after the birth.
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C. When a birth occurs outside an institution, the certificate
shall be prepared and filed by one of the following in the indicated
order of priority:
1. The physician in attendance at or immediately after the
birth;
2. Any other person in attendance at or immediately after the
birth; or
3. The father, the mother, or, in the absence or inability of
the father or mother, the person in charge of the premis es where the
birth occurred and present at the birth .
D. 1. If the mother was married at the time of birth, or
married at any time during the three hundred (300) calendar days
before the birth, the name of the husband shall be entered on the
certificate as the father of the child unless paternity has been
determined otherwise b y a court of competent jurisdiction or a
husband’s denial of paternity form has been filed along with an
affidavit acknowledging paternity, in which case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entere d.
2. If the mother was not married at the time of birth, nor
married at any time during the three hundred (300) calendar days
before the birth, the name of the father shall be entered on the
certificate of birth only if: the mother and father agree as to the
biological paternity of the child, and this shall give the mother
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and father equal rights and obligations to the child. A child's
parentage who has been determined as set forth shall be treated as a
child of parents who were ma rried at the time of the bir th.
a. a determination of pate rnity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name of the father shall be entered, or
b. the mother and father have signed an acknowledgement
of paternity pursuant to Section 1-311.3 of this
title, or substantially similar affidavit from another
state and filed it with the State Registrar of Vital
Statistics.
E. Either of the parents of the c hild shall sign the
certificate of live birth worksheet to attest to the accuracy of the
personal data entered thereon, in time to permit its filing within
the seven (7) days prescribed in this section.
F. If the live birth results from a process in which the
delivering mother was carrying t he child of another woman by wa y of
a prearranged legal contract, the original birth certificate shall
be filed with the personal information of the woman who delivered
the child. A new birth certificate will be placed on file once the
State Registrar receives both a court order and a completed form
prescribed by the State Registrar which identifies the various
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parties and documents the personal information of the intended
parents necessary to complete the new birth cer tificate.
SECTION 2. This act shall become effect ive November 1, 2022.
58-2-8883 KN 01/16/22