Section 216-RICR-10-10-1.12 - Birth RegistrationA. A certificate of birth for each live birth which occurs in Rhode Island on or after January 1, 2005 shall be filed electronically and directly with the Office of Vital Records.B. When a birth occurs in an institution, the person in charge of the institution or his/her designee shall obtain the personal data, prepare the certificate, secure the signatures required on the certificate, and file it with the State Registrar. The physician and/or midwife in attendance shall certify the facts of birth and provide medical information required on the certificate within three (3) days after the birth.C. When a birth occurs outside an institution, the certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: 1. The physician in attendance at or immediately after the birth; or2. In the absence of the person identified in § 1.12(C)(1) of this Part, any other health care person in attendance at or immediately after the birth; or3. In the absence of a person identified in § 1.12(C)(2) of this Part, the father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.4. When a birth occurs in a moving conveyance, the place of birth shall be that address in the city or town where the child is first removed from that conveyance.D. The name of the father and the surname of the child to be recorded on the birth certificate shall be determined as follows:1. If the mother was married either at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered.2. If the mother was not married, either at the time of conception or birth, the name of the father shall be entered on the certificate only if paternity has been established by affidavit of both parents or by determination of a court of competent jurisdiction.3. If the mother was not married either at the time of conception or birth and paternity has not been established by affidavit of both parents or by determination of a court of competent jurisdiction, the name of the father shall not be entered on the certificate and the child shall bear the mother's current legal surname.216 R.I. Code R. 216-RICR-10-10-1.12
Amended effective 3/31/2021