Md. Code Regs. 10.03.01.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.03.01.09 - Inspection of Records and Disclosure of Information - Maryland Certificate of Foreign Birth

A. The Secretary shall prepare and register a Maryland certificate of foreign birth upon a request that the certificate be prepared from the court, an adopting parent, or an adopted individual 18 years old or older, if the adoption took place:

(1) Through a court of competent jurisdiction in this State; or

(2) Under the laws of a jurisdiction or country other than the United States:

(a) By an adopting parent who is a resident of this State; and

(b) With an IR-3 visa or IH-3 visa being granted to the adopted individual by the United States Immigration and Naturalization Service under the Immigration and Nationality Act.

B. In order for the Secretary to prepare a Maryland certificate of foreign birth pursuant to §A(2) of this regulation, a person shall provide to the Secretary:

(1) An application form, as provided by the Department;

(2) An official and authenticated copy with valid stamps and seals of the adoption decree from the foreign jurisdiction or country where the adopted individual was adopted;

(3) A certified translation of the foreign adoption decree, if the decree is not in English;

(4) Proof of the date and place of the adopted individual's birth, as set forth in §C(1) of this regulation;

(5) Proof of the IR-3 visa or IH-3 visa status of the adopted individual; and

(6) Proof that the adopting parent is a resident of this State, as set forth in §C(2) of this regulation.

C. To provide proof of the:

(1) Date and place of an adopted individual's birth, a person shall provide to the Secretary:

(a) A birth certificate or other birth record for the adopted individual from the jurisdiction or country where the individual was born; and

(b) A certified translation of the foreign birth certificate or other birth record, if the foreign birth certificate or other birth record is not in English; and

(2) Maryland residency of an adopting parent, an individual shall provide to the Secretary, subject to the restrictions set forth in §D of this regulation, one or more of the following documents relating to the parent:

(a) Most recent Maryland tax return;

(b) Most recent Maryland property tax bill;

(c) Local gas and electric bill that is no more than 4 months old;

(d) Valid Maryland driver's license; or

(e) Another record that corroborates the Maryland residency.

D. The Secretary may:

(1) Require more than one of the documents listed in §C(2) of this regulation to be submitted to establish Maryland residency; and

(2) Refuse to issue a certificate of foreign birth if the Secretary finds the documentation submitted does not conclusively establish Maryland residency.

E. The Secretary shall prepare a certificate of foreign birth with the:

(1) Name of the subject of the record being the name of the adopted individual as the individual's name appears or is set in the foreign adoption decree; and

(2) Names of the adopting parents recorded as the parents of the adopted individual.

F. In order for the Secretary to enter as the subject of a certificate of foreign birth a name different from the name of the adopted individual in the foreign adoption decree, a person shall provide to the Secretary an order from a court of competent jurisdiction that directs the Secretary to prepare the certificate with the different name for the adopted individual.

G. The Secretary shall amend the subject's name on a certificate of foreign birth that has already been prepared and registered on receipt of:

(1) An order of a court of competent jurisdiction that changes the adopted individual's name; and

(2) A request from the adopted individual, the adopting parents, or a guardian or legal representative of the adopted individual that the amendment be made.

H. The Secretary shall include on the Maryland certificate of foreign birth:

(1) The words "Certificate of Foreign Birth";

(2) The adopted individual's actual country of birth; and

(3) A statement that the Maryland certificate of foreign birth is not evidence of United States citizenship for the individual for whom it is issued.

Md. Code Regs. 10.03.01.09

Regulations .09 repealed effective November 30, 1987 (14:24 Md. R. 2555)
Regulations .09 adopted effective November 30, 1987 (14:24 Md. R. 2555)
Regulation .09 amended as an emergency provision effective December 18, 2002 (30:1 Md. R. 21)
Regulation .09 amended effective March 31, 2003 (30:6 Md. R. 420); June 15, 2009 (36:12 Md. R. 837)