La. Admin. Code tit. 48 § V-11301

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-11301 - Birth Certificates

A. No certified copy of an original birth record that has been submitted for "registration" in the Vital Records Registry as defined in R.S 40:32 (1) shall be issued unless and until the said original birth record contains the information required by R.S. 40:34 A(1)(a) through (q), and as required by duly promulgated regulations relative thereto, including the following provisions.

1. If an original birth records is incomplete, incorrect or irregular, the state registrar shall attempt to have the problem resolved through the assistance of the local registrar in parishes other than Orleans, and in the interim period no certified copies of the document will be issued.

2. The provisions of R.S. 40:34 A(1)(a) relative to the child's surname appear to conflict with similar provisions in R.S. 40:42 A. To resolve this apparent conflict, the provisions of R.S. 40:34 A(1)(h), which specifically address the "full name of the father" shall only mean the legal husband of the mother of the child at the time of either conception or birth. It shall also include the name of the husband of the mother of the child, who although divorced from her at the time of the birth, was not legally divorced from the mother of the child more than 300 days prior to the birth of the child. This interpretation conforms fully with Louisiana substantive law, La. Civil Code arts. 179, 184 and 185.

a. It likewise follows that the "legal husband of the mother of the child's" age, race, residence and birthplace shall be entered on the birth certificate pursuant to R.S. 40:34 A(1)(j), (k), (1) and (m); and also that his surname shall be entered as the child's surname pursuant to R. S. 40:34 A(1)(a).

3. In addition to the minimum required information set forth in R.S. 40:34 A(1)(a) through (q), the birth certificate form also requires the signature of a legal parent of the child, or the signature of some "other informant," certifying that the stated information is true and correct to the best of his or her knowledge. Should the document not be signed, no certified copy shall be issued as provided therein above.

La. Admin. Code tit. 48, § V-11301

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with La. Civil Code Arts. 179, 184, 185; R.S. 40:32, R.S. 40:33, R.S. 40:34, R.S. 40:38, and R.S.40:42.