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The Florida Senate

1997 Florida Statutes

SECTION 013
Birth registration.

1382.013  Birth registration.--A certificate for each live birth that occurs in this state shall be filed within 5 days after such birth with the local registrar of the district in which the birth occurred and shall be registered by the local registrar if the certificate has been completed and filed in accordance with this chapter and adopted rules.

(1)  FILING.--

(a)  If a birth occurs in a hospital, birth center, or other health care facility, or en route thereto, the person in charge of the facility shall be responsible for preparing the certificate, certifying the facts of the birth, and filing the certificate with the local registrar. Within 48 hours after the birth, the physician, midwife, or person in attendance during or immediately after the delivery shall provide the facility with the medical information required by the birth certificate.

(b)  If a birth occurs outside a facility and the child is not taken to the facility within 3 days after delivery, the certificate shall be prepared and filed by one of the following persons in the indicated order of priority:

1.  The physician or midwife in attendance during or immediately after the birth.

2.  In the absence of persons described in subparagraph 1., any other person in attendance during or immediately after the birth.

3.  In the absence of persons described in subparagraph 2., the father or mother.

4.  In the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

(c)  If a birth occurs in a moving conveyance and the child is first removed from the conveyance in this state, the birth shall be filed and registered in this state and the place to which the child is first removed shall be considered the place of birth.

(d)  At least one of the parents of the child shall attest to the accuracy of the personal data entered on the certificate in time to permit the timely registration of the certificate.

(e)  If a certificate of live birth is incomplete, the local registrar shall immediately notify the health care facility or person filing the certificate and shall require the completion of the missing items of information if they can be obtained prior to issuing certified copies of the birth certificate.

(2)  PATERNITY.--

(a)  If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.

(b)  If the husband of the mother dies while the mother is pregnant but before the birth of the child, the name of the deceased husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.

(c)  If the mother is not married at the time of birth, the name of the father may not be entered on the birth certificate without the execution of a consenting affidavit signed by both the mother and the person to be named as the father. The facility shall provide the mother and the person to be named as the father with the affidavit, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557, regarding the benefits of voluntary establishment of paternity. Upon request of the mother and the person to be named as the father, the facility shall assist in the execution of the affidavit.

(d)  If the paternity of the child is determined by a court of competent jurisdiction as provided under s. 382.015, the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the court. If the court fails to specify a surname for the child, the surname shall be entered in accordance with subsection (3).

(e)  If the father is not named on the certificate, no other information about the father shall be entered on the certificate.

(3)  NAME OF CHILD.--

(a)  If the mother is married at the time of birth, the mother and father whose names are entered on the birth certificate shall select the given names and surname of the child if both parents have custody of the child, otherwise the parent who has custody shall select the child's name.

(b)  If the mother and father whose names are entered on the birth certificate disagree on the surname of the child and both parents have custody of the child, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. If the parents disagree on the selection of a given name, the given name may not be entered on the certificate until a joint agreement that lists the agreed upon given name and is notarized by both parents is submitted to the department, or until a given name is selected by a court.

(c)  If the mother is not married at the time of birth, the person who will have custody of the child shall select the child's given name and surname.

(d)  If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.

(4)  UNDETERMINED PARENTAGE.--A birth certificate shall be registered for every child of undetermined parentage showing all known or approximate facts relating to the birth. To assist in later determination, information concerning the place and circumstances under which the child was found shall be included on the portion of the birth certificate relating to marital status and medical details. In the event the child is later identified to the satisfaction of the department, a new birth certificate shall be prepared which shall bear the same number as the original birth certificate, and the original certificate shall be sealed and filed, shall be confidential and exempt from the provisions of s. 119.07(1), and shall not be opened to inspection by, nor shall certified copies of the same be issued except by court order to, any person other than the registrant if of legal age.

(5)  DISCLOSURE.--The original certificate of live birth shall contain all the information required by the department for legal, social, and health research purposes. However, all information concerning parentage, marital status, and medical details shall be confidential and exempt from the provisions of s. 119.07(1), except for health research purposes as approved by the department, nor shall copies of the same be issued except as provided in s. 382.025.

History.--s. 13, ch. 6892, 1915; RGS 2083; CGL 3283; s. 1, ch. 77-319; s. 150, ch. 79-400; s. 11, ch. 87-387; s. 3, ch. 94-318; s. 1036, ch. 95-148; s. 43, ch. 97-170; s. 96, ch. 97-237.

1Note.--As amended by s. 96, ch. 97-237. This version is published as the last expression of legislative will (see Journal of the Senate 1997, pp. 960 and 1482). Subsection (1) and paragraph (b) of subsection (2) were also amended by s. 43, ch. 97-170, and that version reads:

(1)  A certificate of birth for each live birth which occurs in this state shall be registered within 5 days after such birth with the local registrar of the district in which the birth occurred and shall be filed by the state office if it has been completed and registered in accordance with this section. The information regarding registered births shall be used for comparison with information in the state case registry, as defined in chapter 61.

(b)  If the mother is not married at the time of birth, the person in charge of the institution or that person's designated representative shall, after giving notice, orally and in writing of the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from, signing an acknowledgment of paternity, give the mother and the person to be named as the father the consent affidavit provided for in 2paragraph (6)(b) as well as information provided by the Title IV-D agency established pursuant to s. 409.2557 regarding the benefits of voluntary establishment of paternity. The person in charge of the institution or the designated representative, when requested by the mother and the person to be named as the father, shall assist in the execution of said consent affidavit.

2Note.--Paragraph (6)(b) no longer exists in s. 382.013 as substantially reworded by the amendment in s. 96, ch. 97-237; similar subject matter can be found at paragraph (2)(c).

Note.--Former s. 382.16.