Oklahoma 2022 Regular Session

Oklahoma House Bill HB3193 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	An Act
2		-	ENROLLED HOUSE
3		-	BILL NO. 3193 By: Williams, Conley, and
4		-	McDugle of the House
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	3	+	SENATE FLOOR VERSION - HB3193 SFLR Page 1
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	30	+	April 4, 2022
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	33	+	ENGROSSED HOUSE
	34	+	BILL NO. 3193 By: Williams and Conley of the
	35	+	House
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6	37		and
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8	39		Bullard of the Senate
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16	43		An Act relating to birth certificates; amending 63
17	44		O.S. 2021, Section 1-311, which relates to contents
18	45		of a birth certificate; modifying re quirement;
19	46		requiring a father's name listed; and providing an
20	47		effective date.
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24		-
25		-	SUBJECT: Birth certificates
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27	51		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
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29	52		SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-311, is
30	53		amended to read as follows:
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32	54		Section 1-311. A. A certificate of birth for each live birth
33	55		which occurs in this state shall be filed with the State Registrar,
34	56		within seven (7) days after the birth.
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36	57		B. When a birth occurs in an insti tution, the person in charge
37	58		of the institution or a designated representative shall obtain the
38	59		personal data, prepare the certificate , and secure the signatures
39	60		required by the certificate. The physician in attendance shall
40	61		certify to the facts of birth and provide the medical information
41	62		required by the certificate within five (5) days after the birth.
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43	90		C. When a birth occurs outside an institution, the certificate
44	91		shall be prepared and filed by one of the following in the indicated
45	92		order of priority:
46		-	ENR. H. B. NO. 3193 Page 2
47	93		1. The physician in attendance at or immediately after the
48	94		birth;
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50	95		2. Any other person in attendance at or immediately after the
51	96		birth; or
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53	97		3. The father, the mother, or, in the absence or inability of
54	98		the father or mother, the person in charge of the premi ses where the
55	99		birth occurred and present at the birth.
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57	100		D. 1. If the mother was married at the time of birth, or
58	101		married at any time during the three hundred (300) calendar days
59	102		before the birth, the name of the husband shall be entered on the
60	103		certificate as the father of the child unless paternity has been
61	104		determined otherwise by a court of competent jurisdiction or a
62	105		husband's denial of paternity form has been filed along with an
63	106		affidavit acknowledging paternity, in w hich case the name of the
64	107		father as determined by the court or affidavit acknowledging
65	108		paternity shall be entered.
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67	109		2. If the mother was not married at the time of birth, nor
68	110		married at any time during the three hundred (300) calendar days
69	111		before the birth, the name of the father shall be entered on the
70	112		certificate of birth only if:
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72	140		a. a determination of paternity has been made by an
73	141		administrative action through the Department of Human
74	142		Services or a court of competent jurisdiction, in
75	143		which case the name o f the father shall be entered, or
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77	144		b. the mother and father have agreed as to the biological
78	145		paternity of the child and signed an acknowledgement
79	146		of paternity pursuant to Section 1-311.3 of this
80	147		title, or substantially similar affidavit from another
81	148		state and filed it with the State Registra r of Vital
82	149		Statistics.
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84	150		This shall give the mother and father equal rights and
85	151		obligations to the child. A child whose parentage has been
86	152		determined as set forth shall be treated as a child of par ents who
87	153		were married at the time of the birth.
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89	154		E. Either of the parents of the child shall sign the
90		-	certificate of live birth worksheet to attest to the accuracy of the ~~ENR. H. B. NO. 3193 Page 3~~
	155	+	certificate of live birth worksheet to attest to the accuracy of the
91	156		personal data entered thereon, in time to permit its filing within
92	157		the seven (7) days prescribed in this sect ion.
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94	158		F. If the live birth results f rom a process in which the
95	159		delivering mother was carrying the child of another woman by way of
96	160		a prearranged legal contract, the original birth certificate shall
97	161		be filed with the personal information of the woman who de livered
98	162		the child. A new birth cert ificate will be placed on file once the
99	163		State Registrar receives both a court order and a completed form
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100	191		prescribed by the State Registrar which identifies the various
101	192		parties and documents the personal information of th e intended
102	193		parents necessary to comp lete the new birth certificate.
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104	194		SECTION 2. This act shall become effective November 1, 2022.
105		-	ENR. H. B. NO. 3193 Page 4
106		-	Passed the House of Representatives the 22nd day of March, 2022.
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111		-	Presiding Officer of the House
112		-	of Representatives
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115		-	Passed the Senate the 28th day of April, 2022.
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120		-	Presiding Officer of t he Senate
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124		-	OFFICE OF THE GOVERNOR
125		-	Received by the Office of the Governor this ____________________
126		-	day of ___________________, 20_______, at _______ o'clock _______ M.
127		-	By: _________________________________
128		-	Approved by the Governor of the State of Oklahoma this _____ ____
129		-	day of ___________________, 20_______, at _______ o'clock _______ M.
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131		-
132		-	_________________________________
133		-	Governor of the State of Oklahoma
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135		-	OFFICE OF THE SECRETARY OF STATE
136		-	Received by the Office of the Secretary of State this __________
137		-	day of ___________________, 20_______, at _______ o'clock _______ M.
138		-	By: _________________________________
139		-
	195	+	COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
	196	+	April 4, 2022 - DO PASS