§ 26B-8-104 — Birth registrations -- Execution and registration requirements.

(1) As used in this section:
(1)(a) "Birthing facility" means a:
(1)(a)(i) general acute hospital as defined in Section 26B-2-201; or
(1)(a)(ii) birthing center as defined in Section 26B-2-201.
(1)(b) "Designated administrator" means an individual who has been designated by a birthing facility to submit a birth registration on behalf of the birthing facility.
(2) (2)(a) The office shall register a birth if a birth registration is completed and filed in accordance with this section.
(2)(b) Once a birth is registered, the office shall provide a birth certificate upon request in accordance with all state laws.
(3) (3)(a) For each live birth that occurs in a birthing facility, the designated administrator, attending physician, or nurse midwife shall:
(3)(a)(i) obtain and enter the information required under this part in the electronic birth registration system no later than 10 days from the day on which the birth occurred;
(3)(a)(ii) provide the parent the opportunity to review the information to ensure accuracy; and
(3)(a)(iii) submit the birth registration.
(3)(b) (3)(b)(i) The date, time, place of birth, and required medical information shall be certified by the designated administrator.
(3)(b)(ii) The designated administrator shall enter the attending physician's, physician assistant's, or nurse midwife's name and transmit the birth registration to the local registrar for each birth that occurs in a birth facility.
(3)(b)(iii) The information contained in the birth registration about the parents shall be provided and certified by the mother or father or, in their incapacity or absence, by a person with knowledge of the facts.
(4) (4)(a) (4)(a)(i) For a live birth that occurs outside a birthing facility, the birth registration shall be completed and filed by the physician, physician assistant, nurse, nurse practitioner, certified nurse midwife, or other person primarily responsible for providing assistance to the mother at the birth no later than 10 days from the day on which the birth occurred.
(4)(a)(ii) If the birth occurred without assistance from an individual described in Subsection (4)(a)(i), the presumed or declarant father or the mother of the child shall complete and file the birth registration.
(4)(b) The birth registration shall be completed as fully as possible and shall include the date, time, and place of birth, and the mother's name.
(5) (5)(a) For each live birth to an unmarried mother that occurs in a birthing facility, the designated administrator shall:
(5)(a)(i) provide the birth mother and declarant father, if present, with:
(5)(a)(i)(A) a voluntary declaration of paternity form published by the state registrar;
(5)(a)(i)(B) oral and written notice to the birth mother and declarant father of the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the declaration; and
(5)(a)(i)(C) the opportunity to sign the declaration;
(5)(a)(ii) witness the signature of a birth mother or declarant father in accordance with Section 81-5-302 if the signature occurs at the facility;
(5)(a)(iii) enter the declarant father's information on the original birth certificate, but only if the mother and declarant father have signed a voluntary declaration of paternity or a court or administrative agency has issued an adjudication of paternity; and
(5)(a)(iv) file the completed declaration with the original birth certificate.
(5)(b) If there is a presumed father, the voluntary declaration will only be valid if the presumed father also signs the voluntary declaration.
(5)(c) The state registrar shall file the information provided on the voluntary declaration of paternity form with the original birth certificate and may provide certified copies of the declaration of paternity as otherwise provided under Title 81, Chapter 5, Uniform Parentage Act.
(6) (6)(a) The state registrar shall publish a form for the voluntary declaration of paternity, a description of the process for filing a voluntary declaration of paternity, and of the rights and responsibilities established or effected by that filing, in accordance with Title 81, Chapter 5, Uniform Parentage Act.
(6)(b) Information regarding the form and services related to voluntary paternity establishment shall be made available to birthing facilities and to any other entity or individual upon request.
(7) The name of a declarant father may only be included on the birth certificate of a child of unmarried parents if:
(7)(a) the mother and declarant father have signed a voluntary declaration of paternity; or
(7)(b) a court or administrative agency has issued an adjudication of paternity.
(8) Voluntary declarations of paternity, adjudications of paternity by judicial or administrative agencies, and voluntary rescissions of paternity shall be filed with and maintained by the state registrar for the purpose of comparing information with the state case registry maintained by the Office of Recovery Services pursuant to Section 26B-9-104.
(9) The department may notify the Division of Professional Licensing that an individual who is required to complete a birth registration under Subsection (4)(a)(i) has failed to register a birth if:
(9)(a) the department has notified the individual that the individual is required by state law to complete the birth registration; and
(9)(b) the individual is a physician, physician assistant, nurse, nurse practitioner, or certified nurse midwife.

Legislative History

Amended by Chapter 426, 2025 General Session