Ala. Admin. Code r. 420-7-1-.07

Current through Register Vol. 43, No. 1, October 31, 2024
Section 420-7-1-.07 - Registration Before The Fifth Birthday Of Births Occurring Outside An Institution
(1) When a birth occurs in this state outside an institution but is attended by a physician, the facts of birth shall be certified by that physician.
(2) When a birth occurs in this state outside an institution and the mother and infant are taken to an institution within 24 hours after the birth, the person in charge of the institution or his or her designated representative shall certify to the facts of birth.
(3) When a birth occurs in this state outside an institution and without the attendance of a physician or without the mother and infant being taken to an institution within 24 hours after the birth, the following additional documentary evidence must be provided to support the facts of birth:
(a) Evidence of pregnancy of the mother as shown by
1. One of the following documents provided directly from the original source:
a. Prenatal care record;
b. A written statement from a physician or other health care provider qualified to determine pregnancy;
c. Prenatal blood analysis or positive pregnancy test results from a laboratory; or d. Notarized affidavit from employer that mother has been granted maternity leave.
2. If none of the documents above are available, notarized affidavits from at least three adult non-family members who were present at the delivery or who can provide sufficient information to support their knowledge of the pregnancy will be considered.
3. Other evidence acceptable to the State Registrar.
(b) Evidence that the infant was born alive as shown by
1. One of the following documents provided directly from the original source:
a. A written statement from a physician or other health care provider who saw or examined the infant, or
b. Documentation that the infant received service during a visit to a public health department.
2. If none of the documents above are available, notarized affidavits from at least three adult non-family members who were present at the delivery or who can provide sufficient information to support their knowledge that the infant was born alive will be considered.
3. Other evidence acceptable to the State Registrar.
(c) Evidence of the mother's presence in this state on the date of birth, such as but not limited to:
1. If the birth occurred at the mother's place of residence:
a. A rent receipt or utility bill covering the period when the birth occurred that includes the mother's name, or the father's name if the parents are married, and the address where the birth occurred; or
b. Other probative evidence which establishes the above.
2. If the birth occurred outside the mother's place of residence:
a. If the mother is a resident of this state, a sworn affidavit from the tenant of the premises where the birth occurred that the mother was present at that location at the time of the birth, documentary evidence of that affiant's residence at the time the child was born; and documentary evidence of the mother's residence in this state at the time of birth; or
b. If the mother was not a resident of this state, documentary evidence that is acceptable to the State Registrar to support that the mother was in this state when the birth occurred.
(4) When the State Registrar has reasonable cause to question the validity or adequacy of the documentary evidence or a sworn statement provided, the birth shall not be registered.
(5) If the required evidence is not available and the State Registrar is unable to verify the facts of birth, the birth may not be registered except as provided in Code of Ala. 1975, § 22-9A-10.

Ala. Admin. Code r. 420-7-1-.07

Filed June 21, 1990. Repealed and New Rule: Filed June 20, 2007; effective July 25, 2007.

Author: Dorothy Harshbarger

Statutory Authority:Code of Ala. 1975, §§ 22-9A-2, 22-9A-7, 22-9A-9, 22-9A-10.