Section 146-2-9 - ADDITION/DELETION OF FATHER'S NAME ON BIRTH CERTIFICATEA. Paternity Acknowledged In the case of a child conceived and born out of wedlock, the name of the putative father may be entered on the birth certificate only upon receipt of an acknowledgment of paternity on the form prescribed and furnished by the state registrar and signed by each parent before an official authorized to take oaths.
B. Court Determination Notwithstanding the provisions of subsection A above, if a determination of paternity has been made by a court of competent jurisdiction, either as separate action or as a part of a divorce decree or child protective order, the father's name shall be entered on or deleted from the birth certificate without the consent of either or both parents. The court order or divorce decree is considered to be an acknowledgment of paternity for the purposes of this chapter.
B-1. Acknowledgment by Department Notwithstanding the provisions of subsection A above, if the putative father executes an acknowledgment of paternity with the Department of Human Services, and the putative father is either named in writing by the mother as the father or is presumed to be the father based on the results of blood or tissue-typing tests, the name of the father must be entered on the birth certificate without the father's or the mother's consent.
C. Filing the Acknowledgment of Paternity/Court Determination Acknowledgment of paternity, either by affidavit or court order, may be made and attached to the birth certificate at any time before or after registration has been completed.
1. A completed acknowledgment must accompany the birth certificate of a child born out of wedlock if the father's name appears on the certificate when it is filed. Copies of the acknowledgment shall be attached to each copy of the birth certificate and forwarded to the Office of Vital Statistics and the child's place of residence.2. If a father's name appears on the birth certificate of a child born out of wedlock without the required acknowledgment of paternity being attached to the certificate, the state registrar shall order that name to be removed from the birth certificate by the use of correction tape or other appropriate method, in accordance with section 3, subsection F of this chapter. The state registrar shall also order the municipality to remove the father's name in the same manner.3. If an acknowledgment of paternity for a child born out of wedlock is received by the municipal clerk at the place of birth or of residence after the birth certificate has been filed, the municipal clerk shall enter the father's name on the certificate and forward the state copy of the acknowledgment to the Office of Vital Statistics. The Office will forward copies to other custodians of the record as appropriate.4. Acknowledgments executed with the Department of Human Services' Division of Support Enforcement and Recovery pursuant to subsection B-1 of this section must be presented directly to the Office of Vital Statistics. Such acknowledgments shall be made on the form prescribed and furnished by the state registrar for this purpose.5. In all other cases, including court determinations of paternity and divorce decrees, acknowledgments of paternity shall be presented in person or by mail to the Office of Vital Statistics.6. If the court determination of paternity for a child born in wedlock indicates that the man whose name is entered on the certificate is not the child's biological father, the state registrar shall order that name to be removed from the birth certificate by the use of correction tape or other appropriate method in accordance with section 3, subsection F of this chapter. The name of the man who is determined by the court to be the biological father is then entered, as directed by the court, in accordance with subsection B of this section.7. Court determinations and divorce decrees provide direction only for the amendment (addition or deletion) of the father's name on the birth certificate. If other changes are desired, the procedures specified in sections 5 and 6 of this Chapter shall be used. The court order and/or divorce decree may be used as documentary evidence supporting the desired changes in other items.D. Recording the Change The father's name shall be entered where the item was left blank on the existing certificate. His age or date of birth and birth place shall be entered if known. Entries shall be typewritten whenever possible or clearly printed in black ink.
E. Annotating the Record 1. No notation shall be made on the certificate based on acknowledgment of paternity, except as specified in paragraph 2, below. The mother's marital status is not affected by the change nor is the child's legitimacy status changed. The acknowledgment of paternity shall be permanently maintained at the Office of Vital Statistics and in municipal offices, as specified in section 6, sub-section B(4) of this chapter.2. If the paternity determination has been made by a court or as part of a divorce decree, a notation indicating the source of the information added (e.g., court order, divorce decree) and the name of the court, the date of the order, and the docket number shall be entered on the record, in such a way as not to become a part of any copy issued. The court documentation may then be destroyed. If the court has provided an acknowledgment of paternity form as part of the court order or divorce decree, the acknowledgment shall be permanently maintained as specified in section 6, sub-section B(4) of this chapter.F. Amendment Status Certificates completed under this section shall not be regarded as amended.
G. Fee There is no fee for altering or completing the birth record under this section. A copy of the amended record may be obtained through the usual procedure, including payment of the established fee.
10- 146 C.M.R. ch. 2, § 9