216 R.I. Code R. 216-RICR-10-10-1.14

Current through December 26, 2024

Section 216-RICR-10-10-1.14 - New Certificates of Birth Following Adoption, Legitimation, and Paternity Determinations or Acknowledgements

A. Pursuant to R.I. Gen. Laws § 23-3-15, the State Registrar shall establish a new certificate of birth for a person born in Rhode Island when the State Registrar receives one (1) of the following:

1. An adoption report as provided in R.I. Gen. Laws § 23-3-14 or a certified copy of a decree of adoption from a court of competent jurisdiction in another State or Country, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if the court decreeing the adoption, the adoptive parents, or the adopted person requests that such new certificate shall not be established; or

2. A request that a new certificate be established and evidence of legitimation as required in § 1.14(B) of this Part; or

3. A request that a new certificate be established and a certified copy of an order from a court of competent jurisdiction determining the paternity of such a person; or

4. A request that a new certificate be established and a sworn acknowledgment of paternity made by both parents of a registrant born out of wedlock, as required in § 1.14(B) of this Part.

B. Absent a court determination of paternity, the following evidence shall be required for legitimation or paternity acknowledgment of a person born in Rhode Island:

1. A sworn acknowledgment by the mother that she was free to marry both at the time of conception and at the time of the birth of the registrant; and

2. A sworn acknowledgment of paternity made by the mother listed on the registrant's original certificate of birth and by the man to be named as father, certifying that they are the natural parents of the registrant; and

3. In addition, for a legitimation, a certified copy of a certificate of marriage showing that the aforementioned natural parents of the registrant have been married in accordance with the statutes of Rhode Island or of another State or Country, or a court order recognizing such marriage.

C. Absent a court determination of paternity, the State Registrar shall not establish a new certificate of birth when application to do so is made by the mother and a putative father if the name of a man other than the putative father is listed as the father on the original certificate of birth or if the mother was not free to marry both at the time of conception and at the time of birth of the registrant.

D. New certificates of birth subsequent to adoption, legitimation, or paternity shall be established in conformance with the following procedures:

1. Information required to locate the existing certificate and to complete the new certificate shall be provided on such forms as the State Registrar may require.

2. The new certificate of birth shall be the certificate in use at the time the birth occurred. If such certificate is not available, the certificate in current use shall be used.

3. The parents of a child who has been legitimated may choose a new given name and/or surname for the child; such name(s) shall be entered as the name(s) of the registrant on the new certificate of birth.

4. Pursuant to R.I. Gen. Laws § 23-3-21(d), following a sworn acknowledgement of paternity where the parents have not married each other after the birth of the registrant, neither the given name nor the surname of the registrant shall be changed unless an order by a court of competent jurisdiction or a legal change of name is presented to the State Registrar.

5. The new certificate of birth shall include the following items and such other information as required to complete the certificate:

a. The actual place and date of birth as transcribed from the original certificate;

b. The names and personal information of the adoptive parents or of the natural parents, as appropriate;

c. The printed name of the person in attendance at birth;

d. The State file number and local file number, if any, assigned to the original birth certificate; and

e. The original filing date.

6. If no certificate of birth is on file for the person for whom a new certificate is to be established, a delayed certificate of birth shall be filed with the State Registrar, as provided in R.I. Gen. Laws §§ 23-3-12 or 23-3-13 and in these Regulations, before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings in accordance with R.I. Gen. Laws § 23-3-15, a delayed certificate shall not be required.

E. A new certificate of birth established following adoption, legitimation, or paternity shall be substituted for the original certificate, as follows:

1. The original certificate and the evidence of adoption, legitimation, or paternity shall be placed in a sealed file and shall not be subject to inspection except upon order of a court of competent jurisdiction, or as allowed by R.I. Gen. Laws § 23-3-15 in the case of an adult adoptee.

2. All copies of the original certificate in the custody of local registrars in Rhode Island shall be forwarded to the State Registrar provided that, where such copies are in the form of entries in permanent ledgers wherein removal of a single record is impossible or not feasible, the entries on such records shall be eradicated with indelible ink.

F. Upon receipt of a court order nullifying an adoption, legitimation, or paternity, the State Registrar shall:

1. Remove the certificate created by the adoption, legitimation, or paternity from the Office's files and place it and the court order in a sealed file. Such records shall not be subject to inspection except upon order of a court of competent jurisdiction;

2. Restore the original certificate of birth to the Office's files;

G. Upon receipt from a passive voluntary adoption mutual consent registry of a certificate provided for in R.I. Gen. Laws § 15-7.2-12(b), or as in accordance with R.I. Gen. Laws § 23-3-15, the adult adoptee named in the certificate, and only that person, shall be entitled to receive non-certified copies of his/her original birth certificate.

H. Pursuant to R.I. Gen. Laws § 23-3-15, the general public shall have access to the following records in regards to adult adoptee access to original birth certificates on a quarterly basis:

1. Number of original birth certificates released since the effective date of the relevant chapter of the Act;

2. Number of contact preference forms filed; and

3. Number of birth parent(s) who indicated on the contact preference form that they would like to be contacted, would like to be contacted only through an intermediary, or do not want to be contacted.

216 R.I. Code R. 216-RICR-10-10-1.14

Amended effective 3/31/2021