2006 New Mexico Statutes - Section 24-14-13 — Birth registration.

24-14-13. Birth registration.

A.     A certificate of birth for each live birth which occurs in this state shall be filed with the vital statistics bureau of the public health division of the department or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section.  When a birth, however, occurs on a moving conveyance, a birth certificate shall be registered in this state and the place where the child is first removed shall be considered the place of birth.   

B.     When a birth occurs in an institution, the person in charge of the institution or his designated representative shall obtain the personal data, prepare the certificate, secure the signatures required and file it as directed in this section. The physician or other person in attendance shall certify the medical information required by the certificate within ten working days after the birth in accordance with policies established by the institution where the birth occurred. The person in charge of the institution or his designee shall complete and sign the certificate.   

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 in the absence of this person; or   

(3)     the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.   

D.     If the mother was married at the time of either conception or birth, the name of the husband shall be entered on the certificate as the father of the child, unless paternity has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the father as determined by the court shall be entered.   

E.     If the mother was not married at the time of either conception or birth, but the father has signed an acknowledgment of paternity, as provided by this section, the father's name, date of birth and social security number shall be entered on the acknowledgement of paternity.  The name of the father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered.   

F.     At or before the birth of a child to an unmarried woman, the person in charge of the institution, a designated representative, the attending physician or midwife shall:   

(1)     provide an opportunity for the child's mother and natural father to complete an acknowledgement of paternity.  The completed affidavit shall be filed with the vital statistics bureau of the public health division of the department.  The acknowledgement shall contain or have attached to it:   

(a)     a sworn statement by the mother consenting to the assertion of paternity;   

(b)     a sworn statement by the father that he is the natural father of the child;   

(c)     written information, furnished by the human services department, explaining the implications of signing, including legal parental rights and responsibilities; and   

(d)     the social security numbers of both parents;   

(2)     provide written information, furnished by the human services department, to the mother and father or putative father, regarding the benefits of having the child's paternity established and of the availability of paternity establishment services and child support enforcement services.   

G.     If a married mother claims that her husband is not the father of the child, the husband agrees that he is not the father and the putative father agrees that he is the father, an acknowledgement of paternity may be signed by the respective parties and duly notarized. Upon filing this affidavit with the state registrar, the name of the nonhusband shall be entered on the certificate of birth as the father.   

H.     Pursuant to an interagency agreement for proper reimbursement, the vital statistics bureau of the public health division of the department shall make available to the human services department the birth certificate, the mother's and father's social security numbers and paternity acknowledgements. The human services department shall use these records only in conjunction with its duties as the state IV-D agency responsible for the child support program under Title IV-D of the federal Social Security Act.