Okla. Stat. tit. 63, § 63-1-311

This is the official text of Okla. Stat. tit. 63, § 63-1-311, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.

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Birth certificates - Filing - Contents - Surrogates

Official statutory text

A. A certificate of birth for each live birth which occurs in

this state shall be filed with the Commissioner of Health within

seven (7) days after the birth.

B. When a birth occurs in an institution, the person in charge

of the institution or a designated representative shall obtain the

personal data, prepare the certificate and secure the signatures

required by the certificate. The physician in attendance shall

certify to the facts of birth and provide the medical information

required by the certificate within five (5) days after the birth.

C. When a birth occurs outside an institution, the certificate

shall be prepared and filed by one of the following in the indicated

order of priority:

1. The physician in attendance at or immediately after the

birth;

2. Any other person in attendance at or immediately after the

birth; or

3. The father, the mother or, in the absence or inability of

the father or mother, the person in charge of the premises where the

birth occurred and present at the birth.

D. 1. If the mother was married at the time of birth, or

married at any time during the three hundred (300) calendar days

before the birth, the name of the husband shall be entered on the

certificate as the father of the child unless paternity has been

determined otherwise by a court of competent jurisdiction or a

husband's denial of paternity form has been filed along with an

affidavit acknowledging paternity, in which case the name of the

father as determined by the court or affidavit acknowledging

paternity shall be entered. If there is a refusal to identify

paternity on the birth certificate, the State Department of Health

is authorized to register a birth certificate as such.

2. If the mother was not married at the time of birth, nor

married at any time during the three hundred (300) calendar days

before the birth, the name of the father shall be entered on the

certificate of birth only if:

a. a determination of paternity has been made by an

administrative action through the Department of Human

Services or a court of competent jurisdiction, in

which case the name of the father shall be entered, or

b. the mother and father have agreed as to the biological

paternity of the child and signed an acknowledgment of

paternity pursuant to Section 1-311.3 of this title,

or substantially similar affidavit from another state

and filed it with the Commissioner of Health.

This shall give the unmarried mother and biological father equal

rights and obligations to the child. A child whose parentage has

Oklahoma Statutes - Title 63. Public Health and Safety Page 178

been determined as set forth shall be treated as a child of parents

who were married at the time of the birth.

E. Either of the parents of the child shall sign the

certificate of live birth worksheet to attest to the accuracy of the

personal data entered thereon, in time to permit its filing within

the seven (7) days prescribed in this section.

F. If the live birth results from a process in which the

delivering mother was carrying the child of another woman by way of

a prearranged legal contract, the original birth certificate shall

be filed with the personal information of the woman who delivered

the child. A new birth certificate will be placed on file once the

Department receives both a court order and a completed form

prescribed by the Department which identifies the various parties

and documents the personal information of the intended parents

necessary to complete the new birth certificate.

G. Beginning on April 25, 2022, the biological sex designation

on a certificate of birth issued under this section shall be either

male or female and shall not be nonbinary or any symbol representing

a nonbinary designation including but not limited to the letter "X".

Status: in_force · Read it on the official government site

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