3701-5-04 Delayed birth registration.

(A) Any birth certificate submitted for filing eleven or more days after the birth occurred constitutes a delayed birth registration. All such certificates of birth shall be filed with the local registrar who, at the time the certificate is filed, has jurisdiction over the registration district where the birth occurred. An out of institution birth certificate submitted for filing eleven or more days after the birth occurred shall be registered if it meets the requirements of paragraph (B) of this rule and the requirements of rule 3701-5-16 of the Administrative Code.

(B) A certificate of birth filed within one year after the birth occurred shall be registered if it meets the requirements of paragraph (E) of this rule and the following requirements, as applicable:

(1) If the birth was attended by a physician, the certificate of birth contains the physician's signature and date; or

(2) 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.

(C) A certificate of 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 (E) of this rule and the following requirements, as applicable:

(1) If the birth was attended by a physician, the local registrar shall submit the certificate to the office of vital statistics with a written request that the office search the state files to determine whether or not an original certificate of birth was filed at the time of birth. The local registrar shall register the certificate of birth if the office of vital statistics determines that no original certificate of birth was registered and the state registrar approves the registration; or

(2) If the birth was not attended by a physician, or if the birth was attended by a physician but the physician is deceased, the birth shall be established through the probate court in accordance with section 3705.15 of the Revised Code.

(D) The birth of any person whose 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.

(E) In addition to the applicable requirements of paragraphs (B) to (C) 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 office 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. 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 office of vital statistics in accordance with section 3705.07 of the Revised Code; and

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

R.C. 119.032 review dates: 09/01/2010 and 08/15/2015
Promulgated Under: 119.03
Statutory Authority: 3705.02
Rule Amplifies: 3705/17
Prior Effective Dates: 1/1/1960, 6/1/66, 11/20/94, 12/1/05