§ 35-1-411 — Name of father on birth certificate

(a) If the mother was married either at the time of
conception or birth of child, or between conception and birth,
the name of the husband shall be entered on the certificate as
the father of the child, unless:
(i) Paternity has been determined otherwise by a
court of competent jurisdiction; or
(ii) The husband signs an affidavit denying that he
is the father and the mother and the person to be named as the
father sign an affidavit of paternity under this section.
Affidavits may be joint or individual or a combination thereof,
and each signature shall be individually notarized. The name of
the person signing the affidavit of paternity shall be entered
as the father on the certificate of birth.
(b) If the mother was not married either at the time of
conception or birth of child, or between conception and birth,
the name of the father shall not be entered on the certificate
of birth without an affidavit of paternity signed by the mother
and the person to be named as father, unless a determination of
the paternity has been made by a court of competent
jurisdiction.
(c) 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.
(d) If the father is not named on the certificate of
birth, no other information about the father shall be entered on
the certificate.