§ 16-37-2-2 — Birth certificate and paternity affidavit; persons responsible for filing or preparation; release of paternity affidavit

Indiana § 16-37-2-2

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 37: VITAL STATISTICS
• Ch. 2: Certification of Births

Text

(a) A person in attendance at a live birth shall
do the following:
(1) File with the local health officer the following:
(A) A certificate of birth.
(B) Any paternity affidavit executed under section 2.1(c)(1) of
this chapter.
Except as provided in IC 16-37-1-3.1(f), the person in attendance
at a live birth shall use the Indiana birth registration system
established under IC 16-37-1-3.1 to electronically file a birth
certificate or paternity affidavit under this subdivision.
(2) Advise the mother of a child born out of wedlock of:
(A) the availability of paternity affidavits under section 2.1 of
this chapter; and
(B) the existence of the putative father registry established by
IC 31-19-5-2.
(b) If there was no person in attendance at the birth, one (1) of the
parents shall file with the local health officer the following:
(1) A certificate of birth.
(2) Any paternity affidavit executed under section 2.1 of this
chapter.
(c) If:
(1) no person was in attendance at the birth and neither parent is
able to prepare the certificate; or
(2) the local health officer does not receive a certificate of birth;
the local health officer shall prepare a certificate of birth from
information secured from any person who has knowledge of the birth.
(d) A local health department shall inform the Title IV-D agency (as
defined in IC 31-9-2-130) regarding each paternity affidavit executed
under section 2.1 of this chapter that the local health department
receives under this section.
(e) A paternity affidavit executed under section 2.1(c)(1) of this
chapter shall be filed with the local health officer not more than five (5)
days after the child's birth.
(f) An attorney or agency that arranges an adoption may at any time
request that the state department search its records to determine
whether a man executed a paternity affidavit under section 2.1 of this
chapter in relation to a child who is or may be the subject of an
adoption that the attorney or agency is arranging.
(g) Not more than ten (10) days after receiving a request from an
attorney or agency under subsection (f), the state department shall
submit an affidavit to the attorney or agency verifying whether a
paternity affidavit has been filed under this section. If a paternity
affidavit has been filed regarding a child who is the subject of a request
under subsection (f), the state department shall release a copy of the
paternity affidavit to the requesting attorney or agency.
[Pre-1993 Recodification Citations: 16-1-16-1; 16-1-16-2;
16-1-16-4.]

Legislative History

As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.2; P.L.46-1995, SEC.62; P.L.133-1995, SEC.13; P.L.1-1997, SEC.92; P.L.257-1997(ss), SEC.30; P.L.61-2009, SEC.7; P.L.138-2019, SEC.7.