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ENGROSSED HOUSE
BILL NO. 3193 By: Williams and Conley of the
House
and
Bullard of the Senate
An Act relating to birth certificates; amending 63
O.S. 2021, Section 1-311, which relates to contents
of a birth certificate; modifying re quirement;
requiring a father's name listed; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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 insti tution, the person in charge
of the institution or a desi gnated representative 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 and provide the medical information
required by the certi ficate 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 premi ses 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 by a court of competent jurisdiction or a
husband's denial of paternity form has been filed along with an
affidavit acknowledging paternity, in w hich case the name of the
father as determined by the court or affidavit acknowledging
paternity shall be entered.
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:
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a. a determination of paternity has been made by an
administrative action through the Department of Human
Services or a court of competent jurisdiction, in
which case the name o f the father shall be entered, or
b. the mother and father have agreed as to the biological
paternity of the child and 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 Registra r of Vital
Statistics.
This shall give the mo ther and father equal rights and
obligations to the child. A child whose parentage has been
determined as set forth shall be treated as a child of par ents who
were married at the time of the birth.
E. Either of the parents of the child 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 sect ion.
F. If the live birth results f rom a process in which the
delivering mother was carrying the child of another woman by way of
a prearranged legal contract, the original birth certificate shall
be filed with the personal information of the woman who de livered
the child. A new birth cert ificate will be placed on file once the
State Registrar receives both a court order and a completed form
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prescribed by the State Registrar which identifies the various
parties and documents the personal information of th e intended
parents necessary to comp lete the new birth certificate.
SECTION 2. This act shall become effective November 1, 2022.
Passed the House of Representatives the 22nd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of t he Senate