Section 1200-07-01-.04 - NEW CERTIFICATES OF BIRTH FOLLOWING ADOPTION, LEGITIMATION, PATERNITY DETERMINATION AND PATERNITY ACKNOWLEDGMENT(1) Adoption. A new certificate of birth shall be prepared by the State Registrar for a child born in Tennessee, if a certificate in the name at birth is on file and upon receipt of (a) A certified Certificate of Adoption or(b) A certified copy of an adoption decree and a completed application for a New Certificate of Birth by Adoption on a form prescribed or approved by the State Registrar.(2) If the court that granted the adoption, the adopting parent(s), or the adopted person requests that a new certificate is not to be prepared, then a new certificate shall not be prepared. For a child born in another state and adopted in a court of record in Tennessee, the adoption papers shall be forwarded to the state of birth.(3) The clerk of the court of competent jurisdiction shall notify the State Registrar of each revocation of adoption. Upon receiving a certified copy of the court order revoking or annulling the adoption and if a new birth certificate based on adoption has been prepared, the new certificate will be removed and placed in a sealed file with other documents related to the adoption and the revocation or annulment. The birth certificate for the registrant prior to the adoption will be reinstated in the active files.(4) Legitimation by Subsequent Marriage of the Parents. A new certificate of birth shall be prepared by the State Registrar for a child born in Tennessee, if a certificate in the name at birth is on file and upon receipt of(a) An Application for a New Certificate of Birth by Subsequent Marriage of Parents, including affidavits of the mother and father;(b) Information for locating the original birth certificate and for preparing the new birth certificate on a form prescribed by the State Registrar; and(c) A certified copy of the parents' marriage certificate or information for locating the parents' marriage certificate, if the certificate is filed in the Division of Vital Records.(5) If either parent is deceased or unavailable to provide the affidavit required in (a), the State Registrar may accept a copy of an order, judgment, or decree whereby a court determined the husband to be the father of the child. (6) However, if the husband is already shown as father on the child's birth certificate, a new certificate will not be prepared. If another man is shown as father of the child on the child's birth certificate, a new certificate may be prepared only when a certified copy of a court order specifically refuting the man listed as father or other indisputable legal evidence is provided to the State Registrar.(7) Court Determination of Parentage. A new certificate of birth shall be prepared by the State Registrar for a child born in Tennessee if a certificate in the name at birth is on file and upon receipt of the following:(a) A court order of parentage, regardless of whether the order was entered before or after the birth of the child, and(b) A completed Application for a New Birth Certificate.(8) However, a new birth certificate will not be prepared if the man determined to be the father is already shown as the father on the child's birth certificate.(9) If an order of parentage is abrogated by a later judgment or order of the same or higher court, the clerk of the court which entered such order shall notify the State Registrar in writing. If a new birth certificate has been prepared, that certificate will be removed and placed in a sealed file with other information relating to the order of parentage, and the previous birth certificate will be reinstated in the active files.(10) New Certificate. The new certificate of birth shall be on a form prescribed by the State Registrar and shall include the following items necessary to complete the certificate: (a) The full name of the child;(b) The date and place of birth, sex, and date of filing as shown on the original or delayed certificate in the name at birth;(c) The names and personal information of the parent(s); and(d) The signature of the State Registrar in the space provided for the signature of the certifier of the birth.(11) Report of Foreign Birth. A Report of Foreign Birth shall be prepared on a form prescribed by the State Registrar upon receipt of a certified copy of the final order of adoption and an Application for Report of Foreign Birth for Adopted Child. The Report shall include the following items:(a) Full adoptive name of the child;(b) Actual date and place of birth and sex of the child as provided by the Clerk of the Court; (c) Full names of the adoptive parents and their legal residence at the time the adoption was granted;(d) Date of filing of the Report;(e) Signature of the State Registrar; and(f) Statement that the Report is not evidence of United States citizenship.(12) Sealing of documents. After preparation of a new certificate of birth or report of foreign birth, the certificate in the name at birth and/or the legal documents upon which the new certificate or report was prepared are to be placed in an envelope and sealed. Such sealed file may be opened by the State Registrar for the issuance of a copy of the certificate in the name at birth only upon order of a court of competent jurisdiction or upon receipt of a directive from the Tennessee Department of Children's Services.Tenn. Comp. R. & Regs. 1200-07-01-.04
Original rule filed June 7, 1974. Repeal and new rule filed January 18, 1978; effective February 17, 1978. Amendments filed March 27, 1989; effective May 11, 1989. Amendment filed August 12, 1999; effective October 26, 1999. Amendments filed March 24, 2022; effective 6/22/2022.Authority: T.C.A. §§ 4-5-202, 36-1-120, 36-1-126, 36-1-127, 36-1-130, 36-1-138, 68-3-103, 68-3-310, 68-3-311, 68-3-312, and 68-3-313.