333-011-0275 New Record of Birth Following Adoption, Legitimation, Paternity Determination, and Paternity Acknowledgement or Change of Sex (1) The state registrar shall amend a record of live birth and establish a replacement record of live birth for a person born in this state upon receipt of the following: (a) Legitimation. If the mother is unmarried at the time of birth and the biological parents marry after the birth of a child, a new record of live birth shall be prepared by the state registrar for a child born in this state upon receipt of a sworn acknowledgement of paternity signed by the biological parents of said child together with a certified copy of the parents' marriage record. The mother’s legal name can be amended to the name taken at marriage on the child’s record of live birth if requested. (b) Determination of paternity. A new record of live birth shall be prepared by the State Registrar for a child born in this state upon receipt of a certified copy of a court determination of paternity. If the birth mother’s marital status was not unmarried at the time of birth or if another person is listed as the second parent, the court order must disestablish paternity as well as establish the new parent. If the surname of the child is not decreed by the court, the request for the new record received with the certified copy of the court determination shall specify the surname requested by both parents to be placed on the record. (c) Acknowledgement of paternity. A new record of live birth shall be prepared by the state registrar for a child born to an unmarried birth mother in this state upon acceptance of a notarized voluntary acknowledgement of paternity signed by both parents if no second parent appears on the record. The child’s surname may be changed through the voluntary acknowledgment of paternity. (d) Adoption. A certified copy of a report of adoption as provided in ORS 432.223 or a certified copy of the decree of adoption, together with the information necessary to identify the original record of live birth and to establish a replacement record of live birth, except that a replacement record of live birth shall not be established if so requested by the court decreeing the adoption. (e) Change of sex. A certified copy of an order of a court of competent jurisdiction indicating that an individual born in this state shall be changed or an accepted administrative request to change sex in support of gender identity under OAR 333-011-0272. (2) The birth mother’s marital status is unmarried at the time of birth if she was not married at conception, at birth, or within 300 days prior to the birth. (3) New record: (a) The new record of live birth prepared after adoption, legitimation, determination of paternity, or acknowledgment of paternity, or change of sex shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the certification: (A) The name of the child; (B) The date and place of birth as transcribed from the original record; (C) The full names, dates of birth and places of birth of the adoptive parents or the biological parents whichever is appropriate; (D) The name of the attendant; (E) The state file number assigned to the original birth record; and (F) The original filing date. (b) The information necessary to locate the existing record and to complete the new record shall be submitted to the state registrar on forms prescribed or approved by the state registrar. (4) Existing record to be placed in a special file. After preparation of the new record, the existing record and the evidence upon which the new record was based are to be placed in a special file. Such file shall not be subject to inspection except upon order of a court of competent jurisdiction or by the state registrar for purposes of properly administering the vital statistics program. (a) A court order is not required before the release of a Voluntary Acknowledgment of Paternity form to any government agency responsible for the administration of child support enforcement programs created under Title IV-D of the Social Security Act, to a parent who signed the form or to the registrant if age 18 or older. (b) A court order is not required before the release of the request to change name under OAR 333-011-0271 or to change sex under OAR 333-011-0272 to the applicant or to the registrant if age 18 or older. Statutory/Other Authority: ORS 432.245, 432.098 & 432.289 Statutes/Other Implemented: ORS 432.245, 432.098 & 432.289 History: PH 15-2017, amend filed 11/03/2017, effective 01/01/2018 Renumbered from 333-011-0047 by PH 17-2013, f. 12-26-13, cert. ef. 1-1-14 PH 11-2003, f. & cert. ef. 7-31-03 PH 2-2003(Temp), f. & cert. ef. 2-20-03 thru 8-19-03 HD 24-1981, f. & ef. 11-17-81