Maine § 22 §2765 New certificate of birth following adoption, legitimation or gender marker change

Maine Statutes

§ 22 §2765 — New certificate of birth following adoption, legitimation or gender marker change

Maine·Title 22 HEALTH AND WELFARE·Part 6 BIRTHS, MARRIAGES AND DEATHS·Ch. 703 BIRTH RECORDS

1.New certificate of birth. The state registrar shall establish a new certificate of birth for a person born in this State when the state registrar receives the following: 1-A. Persons born in a foreign country. The state registrar shall establish a Maine certificate of birth for a person born in a foreign country and for whom a decree of adoption has been entered in a court of competent jurisdiction in Maine when the registrar receives the following: 1-B. Content of certificate. Any birth certificate issued under subsection 1‑A shall show the true or probable foreign country of birth and shall indicate that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents.

2.Original certificate not subject to inspection. 2-A. C

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1.
New certificate of birth.
The state registrar shall establish a new certificate of birth for a person born in this State when the state registrar receives the following:
1-A.
Persons born in a foreign country.
The state registrar shall establish a Maine certificate of birth for a person born in a foreign country and for whom a decree of adoption has been entered in a court of competent jurisdiction in Maine when the registrar receives the following:
1-B.
Content of certificate.
Any birth certificate issued under subsection 1‑A shall show the true or probable foreign country of birth and shall indicate that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents.
2.
Original certificate not subject to inspection.
2-A.
Certificate after adoption, legitimation or gender marker change.
This subsection governs birth certificates after adoption, legitimation or gender marker change.
2-B.
Certificate after gender marker change.
When a new birth certificate is established after changes are made to the gender marker pursuant to subsection 1, paragraph C or subsection 2‑A, the requested gender marker and, if requested at the same time, the first and middle names as they appear on the application must be entered on the new birth certificate. A new birth certificate may be requested by a parent on behalf of a minor.
3.
Original certificate restored.
Upon receipt of notice of an annulment or revocation of adoption, the original certificate shall be restored to its place in the files and the new certificate and evidence of adoption shall not be subject to inspection except upon order of a probate court or the Superior Court.
4.
Delayed birth registration.
If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed birth registration shall be filed as provided by law before a new certificate of birth is established.
5.
Copies of original certificate.
When the new certificate of birth is established, the state registrar shall provide each municipal clerk who is required by law to have a copy of the certificate of birth on file with a copy of the new certificate of birth. In the case of a Maine certificate of birth established for a person born in a foreign country, a copy of the certificate must be provided to and must be maintained on file by the clerk of the municipality where the adoptive parents resided on the date of the adoption. All copies of the original certificate in the custody of any municipal clerk must be sealed from inspection, except as provided in section 2768, or surrendered to the state registrar as the state registrar directs.

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Legislative History

PL 1979, c. 168, §§1,2 (AMD). PL 1989, c. 818, §§8-10 (AMD). PL 1991, c. 167, §§1,2 (AMD). PL 1993, c. 686, §§6,7 (AMD). PL 1993, c. 686, §13 (AFF). PL 1995, c. 694, §§D30,31 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 574, §24 (AMD). PL 2007, c. 409, §§2, 3 (AMD). PL 2007, c. 409, §6 (AFF). PL 2009, c. 601, §20 (AMD). PL 2017, c. 402, Pt. C, §§47, 48 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 309, §§2-6 (AMD).