3701-5-04 Registration of an institution birth.

(A) All birth certificates shall be completed within ten days of birth. All certificates of birth must be presented for filing within twenty-one days of the date of birth with either the local registrar who, at the time the certificate is filed, has jurisdiction over the registration district where the birth occurred, or with the state registrar. If the birth was attended by a physician, the certificate of birth contains the physician's name and date; or if the birth was not attended by a physician, or was attended by a physician who is deceased, the certificate of birth is supported by an affidavit of an individual, other than one of the child's parents, who has knowledge that the birth occurred at the time and place indicated on the certificate of birth. An affidavit required by this paragraph shall affirm that the birth occurred at the time and place indicated on the certificate.

(B) A certificate of birth for an institution birth, filed more than one year but not more than seven years after the birth occurred shall be registered if it meets the requirements of paragraph (D) of this rule and if the birth was attended by a physician, the local registrar shall submit the certificate to the bureau of vital statistics with a written request that the bureau search the state files to determine whether an original certificate of birth was filed at the time of birth. The local registrar shall register the certificate of birth if the bureau of vital statistics determines that no original certificate of birth was registered and the state registrar approves the registration.

(C) The birth of any person whose institution birth was not registered within seven years after the birth occurred, or whose birth record has been lost or destroyed, shall be registered upon receipt of an order from a probate court, issued pursuant to section 3705.15, of the Revised Code, ordering registration of the birth.

(D) In addition to the applicable requirements of paragraphs (A) and (B) of this rule, a delayed birth certificate, to be registered, shall meet all of the following requirements:

(1) The certificate shall be accompanied by all social security numbers that have been issued to the parents of the child, unless the bureau of child support in the Ohio department of job and family services, acting in accordance with regulations prescribed under the Family Support Act of 1988, 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds good cause for not requiring that the numbers be furnished with the certificate;

(2) The parents' social security numbers shall not be recorded on the certificate;

(3) The local registrar of vital statistics shall transmit the social security numbers to the state bureau of vital statistics in accordance with section 3705.07 of the Revised Code.

(E) No social security number obtained under this section shall be used for any purpose other than child support enforcement.

Replaces: 3701-5-04

Effective: 7/3/2016
Five Year Review (FYR) Dates: 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 3705.02
Rule Amplifies: 3705.15
Prior Effective Dates: 1/1/1960, 6/1/66, 11/20/94, 12/1/05