3701-5-16 Registration of out of institution birth.

(A) In any case where a birth occurs outside an institution and the birth certificate is filed within one year of the birth, documentation of the following shall be required in order to register an out of institution birth:

(1) Evidence of pregnancy, such as, but not limited to:

(a) Prenatal or postnatal record, or

(b) A statement from a physician or other health care provider qualified to determine pregnancy, or

(c) A home visit by a public health nurse or other health care provider, or

(d) Other evidence acceptable to the state registrar.

(2) Evidence that the infant was born alive, such as but not limited to:

(a) A statement from the physician or other health care provider who saw or examined the infant, or

(b) An observation of the infant during a home visit by a public health nurse, or

(c) Other evidence acceptable to the state registrar.

(3) If the birth occurred in the mother's residence, evidence of the mother's presence in Ohio on the date of the birth, such as but not limited to:

(a) A driver's license, or a state issued identification card, which includes the mother's current residence on the face of the license or card, or

(b) A rent receipt or any type of utility, telephone or other bill that includes the mother's name and address.

(4) If the birth occurred outside of the mother's place of residence and the mother is a resident of this state, such evidence shall consist of:

(a) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and;

(b) Evidence of the affiant's residence;

(c) Evidence of the mother's residence;

(d) Any other evidence acceptable to the state registrar.

(B) At the discretion of the state registrar, additional evidence may be required to verify the facts of birth. If the required evidence is not available and the local registrar is not able to verify the facts of birth, the out of institution birth may be filed at the state registrar's discretion.

(C) An out of institution birth that has not been filed within one year of date of birth,must be filed with the applicable probate court and forwarded to the state bureau of vital statistics for registration.

Effective: 7/3/2016
Five Year Review (FYR) Dates: 04/11/2016 and 04/01/2021
Promulgated Under: 119.03
Statutory Authority: 3705.02
Rule Amplifies: 3705.09
Prior Effective Dates: 12/1/2005