Mont. Admin. R. 37.8.301 - CERTIFICATE OF BIRTH
(1) A certificate
of birth for every child born in Montana must be completed and filed within ten
calendar days after the date of birth.
(2) If a birth occurs in a health care
facility, the certificate must be filed by the attending physician, physician's
designee, the person in charge of the health care facility, or the designee of
that person.
(3) If a birth occurs
en route to a health care facility, the person in charge of the health care
facility or that person's designee must prepare and file the birth certificate
in accordance with
50-15-221(3),
MCA.
(4) With the exception of a
birth that occurs en route to a health care facility, if a birth occurs
somewhere other than in a health care facility, a birth certificate must be
prepared and filed by the person indicated by
50-15-221(4),
MCA, along with a signed and notarized affidavit stating:
(a) the state and county of the
birth;
(b) the name of the person
or persons, if any, in attendance at the birth;
(c) the child's given names and surname, sex,
hour, date, and place of birth; and
(d) the father's full name, if available, and
the mother's full maiden name.
(5) If no one in attendance at the birth is
available, the local registrar will comply with
50-15-202, MCA,
and complete the certificate using information obtained with reasonable
certainty.
(6) All births must be
filed using either a current paper form or Montana's Electronic Birth
Registration System.
(7) The
information in the section of a birth certificate labeled "information for
medical and health use only" is provided to the department only, and is neither
considered to be nor certified as part of the legal birth
certificate.
(8) All dates must be
in literal format (e.g., January 1, 2000, instead of 1-1-00 ).
(9) If a birth occurs somewhere other than in
a health care facility and is not attended by a physician or a licensed
midwife, and the birth certificate is filed before the first birthday,
additional evidence in support of the facts of the birth is required. A
certificate for the birth must be completed and filed by the individual
responsible for filing the certificate as stated in
50-15-221(4),
MCA, and include evidence of the pregnancy, evidence that the infant was born
alive, and evidence the birth occurred within this state, as stated in (10)
through (12).
(10) Evidence of a
pregnancy is:
(a) a prenatal
record;
(b) a statement from a
physician or other health care provider qualified to determine
pregnancy;
(c) a report of a home
visit by a public health nurse or other health care provider that indicates the
mother was pregnant at the time of the visit; or
(d) other evidence acceptable by the
department.
(11)
Evidence that the infant was born alive includes:
(a) a statement from the physician or other
health care provider who saw or examined the infant;
(b) an observation of the infant during a
home visit by a public health nurse; or
(c) other evidence acceptable to the
department.
(12)
Evidence of the mother's presence in Montana on the date of birth includes:
(a) if the birth occurred in the mother's
residence:
(i) a driver's license or a
state-issued identification card that lists the mother's current
residence;
(ii) a rent or mortgage
receipt dated near the date of birth that includes the mother's name and
address;
(iii) any type of utility,
telephone, or other bill dated near the time of birth that includes the
mother's name and address; or
(iv)
other evidence acceptable to the department.
(b) if the birth occurred outside of the
mother's place of residence and the mother is a resident of Montana, such
evidence must consist of:
(i) an affidavit
from the tenant of the premises where the birth occurred, that the mother was
present on those premises at the time of birth;
(ii) evidence of the affiant's residence
similar to that required in (12)(a)(i);
(iii) evidence of the mother's residence in
the state similar to that required in (12)(a)(i); or
(iv) other evidence acceptable to the
department.
(13) If the mother is not a resident of
Montana, such evidence must consist of clear and convincing evidence acceptable
to the department.
(14) The
department will determine the acceptability of all documentary evidence
submitted in support of a birth outside a health care facility. Documents
presented must be in the form of the original record or a duly certified copy
thereof or a notarized signed statement from the custodian of the record
attesting to the accuracy of the record.
Notes
50-15-102, 50-15-103, MCA; IMP, 50-15-102, 50-15-103, 50-15-109, 50-15-112, 50-15-113, 50-15-201, 50-15-124, 50-15-202, 50-15-221, MCA;
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