Okla. Admin. Code § 310:105-3-5

Current through Vol. 42, No. 4, November 1, 2024

Section 310:105-3-5 - New certificates of birth

(a)Legitimacy of child born out of wedlock. The State Commissioner of Health shall establish a new certificate of birth for a person born in this State and whose birth certificate indicates the birth occurred out of wedlock when he receives a written request from the person, or either of the parents, and evidence proving that such person has been legitimated. Such evidence shall consist of a sworn statement by the mother and the husband that he is the natural father of the child whose certificate is to be replaced. The above-mentioned sworn statement must be accompanied by a certified copy of the parents' marriage license. The sworn acknowledgement of the parents and the certified copy of the marriage license shall be retained with the original certificate of birth in the confidential files of the Vital Records Division and shall not be subject to inspection, except upon order of a court of competent jurisdiction.

(b)Adoption. The State Commissioner of Health shall establish a new certificate of birth for a person born in this State when furnished with an adoption certificate as provided in the Uniform Adoption Act, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth.

(c) When the State Commissioner of Health or the State Registrar receives an adoption certificate or a certified copy of the Decree of Adoption from a court for a person born outside this State, such record shall be forwarded to the appropriate State Registrar or registration authority in the State of birth.

(d)Adoption of foreign born; certificate of birth.

(1) The State Commissioner or State Registrar may upon request prepare and register a certificate of birth in this State for a person born in a foreign country who is not a citizen of the United States and who was adopted under the provisions of Oklahoma Statutes in this State. The certificate may be established upon receipt of an adoption certificate as provided for in the Uniform Adoption Act, or a certified copy of the decree of adoption. The information contained in the certificate of or decree of adoption shall set forth the actual date of the adopted persons birth. A request must also be made to the State Registrar by the Court, the adopting parents, or their attorney, or the adopted person if of legal age that such a certificate be prepared. Such "Certificate of Foreign Birth" shall be on a form prescribed by the State Registrar and shall be labeled "Certificate of Foreign Birth" and shall show the actual country of birth and actual date of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States Citizenship for the person for whom it is issued.

(2) After registration of the "Certificate of Foreign Birth" in the new name of the adopted person, the State Registrar shall seal and file the evidence of adoption and it shall not be subject to inspection except upon order of a court of competent jurisdiction.

(3) A "Certificate of Foreign Birth" registered in accordance with the above provisions shall not be amended except upon order of a court of competent jurisdiction. Such a certificate shall then be "amended" only by adding a page providing the Court's findings. Upon receipt of notice of annulment of adoption, from a court of competent jurisdiction in this State, the State Registrar shall so mark the "Certificate of Foreign Birth" and shall follow the directive of the court.

(4) The evidentiary value of a "Certificate of Foreign Birth" shall be determined by the judicial or administrative body or official before when the certificate is offered as evidence.

(5) The State Registrar shall establish a system for filing, preserving and issuance of certified copies of "Certificate of Foreign Birth" shall so indicate the same as well as the actual country of birth and the fact the certificate is "not proof of United States Citizenship."

Okla. Admin. Code § 310:105-3-5