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".
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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