Ala. Admin. Code r. 420-7-1-.09

Current through Register Vol. 43, No. 02, November 27, 2024

Section 420-7-1-.09 - New Certificates Of Birth Following Adoption, Legitimation, Paternity Determination, Or Paternity Acknowledgement

(1) When a new certificate of birth shall be prepared:

(a) A new certificate of birth shall be prepared upon request for a child under 19 years of age following adoption, legitimation, or parentage determination as specified in Code of Ala. 1975, § 22-9A-12.

(b) A new certificate of birth shall be prepared upon request for a child under 19 years of age upon receipt of an Acknowledgment of Paternity that has been completed as specified in Code of Ala. 1975, § 26-17-22.

(c) A new certificate of birth shall be prepared upon request for a child under 19 years of age following legitimation by marriage as specified in Code of Ala. 1975, § 26-11-1, provided no father's name is shown on the original birth certificate and no father has been legally acknowledged adjudicated.

1. The following documents must be provided to establish the new certificate of birth following a legitimation by marriage:

(i) A certified copy of the parents' marriage certificate or information for locating the parents' marriage certificate if the certificate is filed in the Center for Health Statistics; and

(ii) A sworn declaration signed by both parents of the child stating the husband is the natural father of the child.

2. The documents presented along with the original certificate of birth shall be handled in the same manner as specified for legitimations and parentage determinations in Code of Ala. 1975, § 22-9A-12.

(d) A new certificate of birth shall be prepared upon request for a child under 19 years of age upon receipt of order from the judge of probate upon legitimation of a child as specified in Code of Ala. 1975, § 26-11-2, provided no father's name is shown on the original birth certificate.

(2) Format for the new certificate of birth following adoption, legitimation, parentage determination, or paternity acknowledgement:

(a) A new certificate of birth prepared prior to the child's nineteenth birthday may be prepared in alternate formats at the parents' request.

1. Unless the amendment format is requested by the parent(s), the new certificate of birth will be prepared on the form or in the format in use at the time the new certificate is prepared.

2. The parent(s) may choose to have the new certificate of birth prepared in the alternate format in use for an amended birth certificate at the time of its preparation.

3. If the name the child is to bear after a legitimation, parentage determination, or paternity acknowledgement is not specified in a court order, the parent(s) of a child under 19 years of age may request that the name of the child be changed at the time of preparation of the new certificate of birth. Additional documentation may be required to support the name change for the child.

4. A certificate of birth shall be prepared in compliance with Code of Ala. 1975, §§ 26-9A-11 and -12, and these rules following an adoption, legitimation, or parentage determination ordered in another state or country.

(b) A new certificate of birth prepared after the child's nineteenth birthday shall be on the form or in the format in use for an amended birth certificate at the time of its preparation and shall follow the requirements for preparing an amended birth certificate as specified in Code of Ala. 1975, § 22-9A-19, and these Rules.

Ala. Admin. Code r. 420-7-1-.09

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

Amended by Alabama Administrative Monthly Volume XLI, Issue No. 01, October 31, 2022, eff. 12/15/2022.

Authors: Dorothy Harshbarger, Nicole Henderson Rushing

Statutory Authority:Code of Ala. 1975, §§ 22-9A-2, 22-9A-6, 22-9A-12, 22-9A-19, 26-11-1, 26-11-2, 26-17-22.