2010 Maryland Code
HEALTH - GENERAL
TITLE 4 - STATISTICS AND RECORDS
Subtitle 2 - Vital Statistics and Records
Section 4-208 - Birth registration.
§ 4-208. Birth registration.
(a) Birth in institution.-
(1) Within 72 hours after a birth occurs in an institution, or en route to the institution, the administrative head of the institution or a designee of the administrative head shall:
(i) Prepare, on the form that the Secretary provides, a certificate of birth;
(ii) Secure each signature that is required on the certificate; and
(iii) File the certificate.
(2) The attending physician, nurse practitioner, or nurse midwife shall provide the date of birth and medical information that are required on the certificate within 72 hours after the birth.
(3) The results of the universal hearing screening of newborns shall be incorporated into the supplemental information required by the Department to be submitted as a part of the birth event.
(4) Upon the birth of a child to an unmarried woman in an institution, the administrative head of the institution or the designee of the administrative head shall:
(i) Provide an opportunity for the child's mother and the father to complete a standardized affidavit of parentage recognizing parentage of the child on the standardized form provided by the Department of Human Resources under § 5-1028 of the Family Law Article;
(ii) Furnish to the mother written information prepared by the Child Support Enforcement Administration concerning the benefits of having the paternity of her child established, including the availability of child support enforcement services; and
(iii) Forward the completed affidavit to the Department of Health and Mental Hygiene, Division of Vital Records. The Department of Health and Mental Hygiene, Division of Vital Records shall make the affidavits available to the parents, guardian of the child, or a child support enforcement agency upon request.
(5) An institution, the administrative head of the institution, the designee of the administrative head of an institution, and an employee of an institution may not be held liable in any cause of action arising out of the establishment of paternity.
(6) If the child's mother was not married at the time of either conception or birth or between conception and birth, the name of the father may not be entered on the certificate without an affidavit of paternity as authorized by § 5-1028 of the Family Law Article signed by the mother and the person to be named on the certificate as the father.
(7) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.
(8) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
(b) Birth outside institution.- Within 72 hours after a birth occurs outside an institution, the birth shall be verified by the Secretary and a certificate of birth shall be prepared, on the form that the Secretary provides, and filed by one of the following, in the indicated order of priority:
(1) The attending individual.
(2) In the absence of an attending individual, the father or mother.
(3) In the absence of the father and the inability of the mother, the individual in charge of the premises where the birth occurred.
(c) Birth on a common carrier - Domestic.- When a birth occurs on a common carrier within the United States and the child is first removed from the carrier in this State, the birth shall be registered in this State, and the place where the child is first removed shall be considered the place of birth.
(d) Birth on a common carrier - International.- When a birth occurs on a common carrier while in international waters, air space, or in a foreign country and the child is first removed from the carrier in this State, the birth shall be registered in this State but the certificate shall show the actual place of birth insofar as can be determined.
(e) Birth on a common carrier - Filing certificate.- The certificate shall be filed within 72 hours after the child is removed from the carrier.
(f) Social Security number - Both parents.-
(1) Each parent shall provide his or her own Social Security number on the form provided by the Secretary under this section.
(2) (i) If the father is not available to provide his Social Security number on the form provided under paragraph (1) of this subsection, the father shall provide his Social Security number on a form provided by the Secretary for this purpose.
(ii) The form provided under this paragraph shall:
1. State that the form is for the purpose of providing the Social Security numbers of parents, to be included on the portion of the form that remains in the official birth record;
2. Contain a specific reference to this subtitle; and
3. State that the father's Social Security number shall be provided under penalty of perjury.
(3) The Social Security number as provided by each parent shall be recorded on the portion of the form provided by the Secretary which remains in the official birth record.
(4) The Social Security numbers of the parents may not appear on the portion of the birth certificate issued as proof of birth.
(5) (i) The Secretary shall permit disclosure of the Social Security numbers of the parents only to the Child Support Enforcement Administration of the Department of Human Resources.
(ii) The Child Support Enforcement Administration may use the Social Security numbers of the parents to:
1. Locate a parent;
2. Establish paternity; and
3. Establish and enforce a child support order under Title 10, Subtitle 1 of the Family Law Article.
(g) Social Security number - Father only.- If, under subsection (f)(1) of this section, the father's Social Security number is not entered on the form provided by the Secretary:
(1) Upon adjudication of paternity, the court shall order the father to provide his Social Security number to the clerk of court; and
(2) The clerk of court shall send the father's Social Security number to the Secretary, as provided under § 4-211(f) of this subtitle.
[An. Code 1957, art. 43, § 17; 1982, ch. 21, § 2; 1988, ch. 464; 1991, ch. 36; 1993, ch. 197; 1994, ch. 113, § 2; 1995, ch. 84; 1997, ch. 14, § 20; 1999, ch. 127, § 2; ch. 128, § 2; 2008, chs. 232, 233; 2009, ch. 60, § 5.]
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