reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-15 - Vacancy

26:8-15. Vacancy
Any vacancy occurring in the office of local registrar shall be filled in the same manner as an original appointment but for the unexpired term only. If in case of such vacancy, the appointing authority shall not within 10 days thereafter fill such vacancy and certify the same to the State department, the department may make such appointment, and in the meantime the clerk or executive officer of the appointing authority shall act as local registrar.
Amended by L.1965, c. 78, s. 40.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-16 - Persons eligible as local registrars

26:8-16. Persons eligible as local registrars
No physician, midwife or funeral director shall be appointed as local registrar, but in any registration district where full time health officers or other full time health officials will, in the judgment of the State department, properly conduct registration of vital records such officials or one or more of them may be appointed as local registrars in and for such registration district and they shall be subject to the rules and regulations of the State registrar and to all the provisions of this chapter and chapter 6 of this Title (s. 26:6-1 et seq.) as well as chapter 1 of Title 37 of the Revised Statutes. The prohibition against appointment of a physician as registrar shall not apply where the physician is also a full time health officer.
Amended by L.1941, c. 252, p. 674, s. 1; L.1965, c. 78, s. 41.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-17 - Local registrar; appointment of deputy, alternate deputy registrar.

26:8-17 Local registrar; appointment of deputy, alternate deputy registrar.
26:8-17. The local registrar, immediately upon acceptance of the appointment, shall appoint a deputy to assist in the normal, day-to-day operation of the office and whose duty shall be to act in the registrar's stead in case of absence, disability or death of the registrar. In case of death of the local registrar the deputy shall act as local registrar until a new local registrar has been appointed and qualified.
Except as otherwise provided in this section, the local registrar may appoint one or two alternate deputy registrars if the local registrar deems such an appointment to be necessary for the office to function efficiently and to provide quality service to the public. If the local registrar determines that the appointment of more than two alternate deputy registrars is necessary for the office to function efficiently and to provide quality services to the public, the local registrar may submit a request to the governing body of the municipality to appoint a specific number of additional alternate deputy registrars based upon the specific needs of the municipality. The governing body of the municipality may, by resolution, permit the local registrar to appoint more than two alternate deputy registrars if the appointments are necessary for the office to function efficiently and to provide quality service to the public. The local registrar shall file a copy of an approved resolution with the State registrar to allow for appropriate oversight. The deputy registrar and alternate deputy registrar shall have the authority to receive birth certificates and death certificates; to issue burial permits, and copies of birth, death, marriage, civil union and domestic partnership certificates; to take the oath on marriage and civil union license applications; and to issue marriage and civil union licenses and register domestic partnerships. The deputy registrar and alternate deputy registrar shall receive instructions from and perform their duties under the direct supervision of the registrar, who shall be the final authority with the responsibility of fulfilling the duties of the local registrar outlined in R.S.26:8-25. The deputy registrar and any alternate deputy registrar shall serve at the pleasure of the local registrar.
Amended 1948, c.205, s.2; 1995, c.87, s.1; 2003, c.246, s.16; 2006, c.103, s.39; 2023, c.22.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-18 - Subregistrar; appointment

26:8-18. Subregistrar; appointment
When it appears necessary for the convenience of the people in any registration district, the local registrar may, with the approval of the State registrar, appoint one or more suitable persons to act as subregistrars, who shall be authorized to receive certificates of births and deaths and to issue burial or removal permits and transit permits in or for such portions of the district as may be designated.
Amended by L.1965, c. 78, s. 42.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-19 - Removal from office

26:8-19. Removal from office
26:8-19. Any local registrar, deputy registrar, alternate deputy registrar, or subregistrar, who in the judgment of the State department fails or neglects to discharge efficiently the duties of his office as set forth in this chapter or chapter 6 of this Title (R.S.26:6-1 et seq.), as well as chapter 1 of Title 37 of the Revised Statutes, may be removed by the State department, and he shall also be subject to such penalties as are provided by this chapter. Upon such removal the office shall be deemed vacant.
Amended 1965,c.78,s.43; 1995,c.87,s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-20 - Nonapplicability

26:8-20. Nonapplicability
26:8-20. The provisions of this chapter fixing the terms of office and providing methods of appointment and removal shall not apply to the positions of local registrar, deputy registrar, alternate deputy registrar, or subregistrar in municipalities operating under the provisions of the "Civil Service Act," Title 11A of the New Jersey Statutes.
Amended 1995,c.87,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-21 - Applicability of chapter

26:8-21. Applicability of chapter
26:8-21. Every provision of this chapter, of chapter 6 of this Title (R.S.26:6-1 et seq.), as well as chapter 1 of Title 37 of the Revised Statutes, and of the rules and regulations of the State department applicable to local registrars in the registration of vital records, and the issuance of burial or removal, and transit permits, shall apply to deputy registrars, alternate deputy registrars, and subregistrars with the exception that the prohibitions in section 26:6-16 against appointment of physicians or funeral directors need not apply to subregistrars if their appointment would be advantageous for efficient registration of vital records.
Amended 1965,c.78,s.44; 1995,c.87,s.4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-21.1 - Rules, regulations.

26:8-21.1 Rules, regulations.
28. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.2003, c.221, s.28; amended 2012, c.17, s.348.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-22 - Oath of office

26:8-22. Oath of office
26:8-22. Before entering upon their respective duties the state registrar, local registrar, deputy local registrar, alternate deputy registrar, and subregistrar shall take an oath to perform faithfully and impartially the duties of his office. The oath of the state registrar shall be filed with the state department and the oaths of the local registrar, deputy local registrar, alternate deputy registrar, and subregistrar shall be filed with the local board. If any such oath is not filed within ten days after the appointment, the office shall be deemed vacant.
Amended 1995,c.87,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-23 - Duty of the department; examination of records.

26:8-23 Duty of the department; examination of records.
26:8-23. The Department of Health shall have charge of the registration of births, deaths, fetal deaths, marriages, civil unions, and domestic partnerships and shall procure the prompt and accurate registration of the same in each registration district and in the department. The department may promulgate any rule or regulation which it deems necessary for the uniform and thorough enforcement of this section.
The department may decline permission to examine any record except in the presence of an officer or employee of the department.
amended 1941, c.251; 1965, c.78, s.45; 2003, c.246, s.17; 2006, c.103, s.40; 2012, c.17, s.349.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-24.2 - "New Jersey Electronic Death Registration Support Fund."

26:8-24.2 "New Jersey Electronic Death Registration Support Fund."
17. a. There is established the "New Jersey Electronic Death Registration Support Fund" as a nonlapsing, revolving fund to be administered by the Commissioner of Health and credited with monies received pursuant to subsection c. of R.S.26:8-62.
b. The State Treasurer is the custodian of the fund and all disbursements from the fund shall be made by the treasurer upon vouchers signed by the commissioner. The monies in the fund shall be invested and reinvested by the Director of the Division of Investment in the Department of the Treasury as are other trust funds in the custody of the State Treasurer in the manner provided by law. Interest received on the monies in the fund shall be credited to the fund.
c. The monies in the fund and the interest earned thereon shall be used to meet the development and operational costs of the NJ-EDRS, including, but not limited to, costs associated with: personnel; hardware purchases and maintenance; software and communications infrastructure; website hosting; and licensing fees, royalties and transaction expenses incurred in the development, installation, maintenance and operation of electronic payment security, authentication and encryption systems, and user training and education.
d. The Commissioner of Health shall, no later than 30 months after the date of enactment of P.L.2003, c.221, report to the chairs of the Senate Health, Human Services and Senior Citizens Committee, the Senate Budget and Appropriations Committee, the Assembly Health and Human Services Committee and the Assembly Appropriations Committee, or their successors, concerning the sources and uses of monies in the fund. The report shall include a description of the methodology used by the State registrar to set the fee imposed pursuant to subsection c. of R.S.26:8-62, a summary of the monies credited to the fund, and a summary of expenditures by category from the fund pursuant to the authority of this section and the requirements of section 16 of P.L.2003, c.221 (C.26:8-24.1), together with any recommendations by the State registrar or the commissioner for changes that either considers should be made in the law concerning the implementation of the NJ-EDRS or the fees imposed pursuant to subsection c. of R.S.26:8-62.
L.2003, c.221, s.17; amended 2012, c.17, s.350.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-24.3 - Means of accessing NJ-EDRS; requirements.

26:8-24.3 Means of accessing NJ-EDRS; requirements.
18. The Chief State Medical Examiner, the Commissioner of Labor and Workforce Development or his designee, county or intercounty medical examiners, licensed health care facilities, other public or private institutions providing medical care, treatment or confinement to persons, funeral homes and physicians' private practice offices, as defined by the State registrar, shall acquire the electronic means prescribed by the State registrar to access the NJ-EDRS, or make such other arrangements as are necessary for that purpose, no later than six months after the date of enactment of P.L.2003, c.221.
The Chief State Medical Examiner, the Commissioner of Labor and Workforce Development or his designee, and each county or intercounty medical examiner, health care facility, institution, funeral home or physician's office shall employ at least one person who is qualified to use the NJ-EDRS, and is registered with the State registrar as an authorized user of the system, by virtue of completing a course of instruction on the NJ-EDRS provided by the State registrar or an authorized agent thereof, or satisfying such other requirements as may be established by the State registrar for this purpose.
L.2003, c.221, s.18; amended 2013, c.274, s.3; 2018, c.62, s.32.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-25.1 - Suspension of authority to participate in NJ-EDRS.

26:8-25.1 Suspension of authority to participate in NJ-EDRS.
27. The State registrar may suspend the authority of a local registrar, deputy registrar, alternate deputy registrar or subregistrar to participate in the NJ-EDRS, and thereby preclude that person from doing burial permitting or death registration, if the State registrar determines that the applicable registration district is insufficiently equipped or provides untimely service with respect to the review and final authentication of records. In that event, the State registrar may assign a local registrar, deputy registrar, alternate deputy registrar or subregistrar from another registration district to substitute for the person in question until such time as the applicable registration district meets the standards established by the State registrar.
L.2003,c.221,s.27.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-26 - Duty of subregistrar.

26:8-26 Duty of subregistrar.
26:8-26. Each subregistrar shall note, on each certificate of birth or death, over his signature, the date of filing, and shall forward all certificates to the local registrar of the district within five days, with the exception that in any instance where the subregistrar accepts a certificate for a death not occurring in his district, as permitted by R.S.26:6-6, he shall forward the certificate within 12 hours to the local registrar of his district. A record created on the NJ-EDRS as prescribed by the State registrar shall be deemed to have been forwarded as required by this section.
Amended 1965, c.78, s.48; 2003, c.221, s.20.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-27 - Inquiries to applicants for marriage or civil union license.

26:8-27 Inquiries to applicants for marriage or civil union license.
26:8-27. Inquiries to applicants for marriage or civil union license. The department shall issue to each local registrar and to city clerks of cities of the first class, the form and substance of the several inquiries to be made of applicants for a marriage license or a civil union license and their witnesses for the purpose of ascertaining whether any legal impediment to any proposed marriage or civil union exists.
The form shall not contain any inquiries or information which concerns the race of an applicant for a marriage or civil union license.
Amended 1965, c.78, s.49; 2002, c.88, s.1; 2006, c.103, s.43.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-28.1 - Contents of certificate of parentage.

26:8-28.1 Contents of certificate of parentage.
7. A Certificate of Parentage may serve to satisfy the method of collection of Social Security numbers as required pursuant to subsection c. of R.S.26:8-28 and shall serve as the voluntary acknowledgment of paternity by a father. The Certificate of Parentage shall contain, at a minimum, the following information:
a. a sworn statement by the father that he is the natural father of the child;
b. the Social Security numbers, except in those cases in which a person is ineligible to apply for one, and addresses of the father and mother;
c. the signature of the mother and father authenticated by a witness or notary; and
d. instructions for filing the Certificate of Parentage with the agency designated by the State IV-D agency.
In addition, the State IV-D agency, in cooperation with birthing centers and hospitals providing maternity services and social services or health care providers as designated by the Commissioner of Human Services that may provide voluntary acknowledgment or paternity services, shall provide information orally, or through the use of video or audio equipment, and in writing to the father and mother of the child explaining the implications of signing a Certificate of Parentage, including the parental rights, responsibilities and financial obligations, as well as the availability of paternity establishment services and child support enforcement services.
L.1994,c.164,s.7; amended 1998, c.1, s.43.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-29 - Contents of birth certificate

26:8-29. Contents of birth certificate
The certificate of birth shall contain such items as shall be listed on birth certificate forms provided or approved by the State registrar under authority of section 26:8-24(c) of the Revised Statutes.
Amended by L.1951, c. 84, p. 476, s. 2; L.1965, c. 78, s. 51.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-30 - Execution, return of certificate of birth; availability of certificate of parentage; challenge to acknowledgment of paternity.

26:8-30 Execution, return of certificate of birth; availability of certificate of parentage; challenge to acknowledgment of paternity.
26:8-30. The attending physician, midwife or person acting as the agent of the physician or midwife, who was in attendance upon the birth shall be responsible for the proper execution and return of a certificate of birth, which certificate shall be upon the form provided or approved by the State department, and for making available to the mother and biological father a Certificate of Parentage along with related information as required by the State IV-D agency and pursuant to section 452(a)(F) of the federal Social Security Act (42 U.S.C.s.652(a)(F). It shall be the responsibility of personnel at the hospital or birthing facility to offer an opportunity to the child's biological father to execute a Certificate of Parentage. Failure of the biological father or mother to execute the Certificate of Parentage and the date of the request shall be noted on the Certificate of Parentage. The Certificate of Parentage shall be filed with the State IV-D agency or its designee. Establishment and enforcement of child support matters shall not be permitted when a legal action is pending in the case, such as adoption, or State law prohibits such intervention.
For the purposes of this section, "State IV-D agency" means the agency in the Department of Human Services designated to administer the Title IV-D Child Support Program.
A signed voluntary acknowledgment of paternity may be challenged in court within 60 days from the date of the signing of the Certificate of Parentage or by the date of the establishment of a support order to which the signatory is a party, whichever date is earlier. The challenge may be made only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and the legal responsibilities of any signatory arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. A signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity with the same force and effect as a court order or judgment establishing paternity. No judicial or administrative proceedings are required to ratify an unchallenged acknowledgment of paternity.
Amended 1965, c.78, s.52; 1994, c.164, s.4; 1998, c.1, s.44; 1998, c.20,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-31 - Certificate of birth or parentage when no physician or midwife in attendance

26:8-31. Certificate of birth or parentage when no physician or midwife in attendance
26:8-31. In case there is no physician, midwife, or person acting as the agent of the physician or midwife, in attendance upon the birth, it shall be the duty of one of the following persons in the order named to file the birth certificate with the local registrar and file the Certificate of Parentage with the State IV-D agency or its designee:
a. The father or mother of the child;
b. The manager or superintendent of the public or private institution in which the birth occurred.
Amended 1994,c.164,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-32 - Completion of details by local registrar

26:8-32. Completion of details by local registrar
In case the person filing a certificate of birth is unable, by diligent inquiry, to obtain any item or items contemplated in section 26:8-29 of this Title, the local registrar shall secure from the person so reporting, or any other person having the required knowledge, such information as will enable said person to complete the certificate.
Amended by L.1965, c. 78, s. 53.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-33 - Report by father or mother

26:8-33. Report by father or mother
In case the father or mother of the child does not, within one month after the date of birth, receive a notice from the local registrar that the birth of the child has been recorded, as provided in this chapter, the father or mother of the child, in the order named, shall within five days thereafter, report to the local registrar the fact of such birth.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-34 - Supplemental return of name of child

26:8-34. Supplemental return of name of child
When a certificate of birth of a living child is presented without the statement of the given name, the local registrar shall make out and deliver to the parents of the child a special blank for the supplemental report of the given name of the child, which shall be filled out as directed, and returned to the local registrar as soon as the child shall have been named.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-36 - Interrogation of informant

26:8-36. Interrogation of informant
Any person reporting a birth, or who may be interrogated in relation thereto, shall answer correctly and to the best of his knowledge all questions put to him by the local registrar which may be calculated to elicit any information needed to make a complete record of the birth as contemplated by this chapter, and the informant as to any statement made in accordance herewith shall verify the statement by his signature, when requested so to do by the local registrar.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-37 - Stillborn child to be registered as fetal death; birth certificate options.

26:8-37 Stillborn child to be registered as fetal death; birth certificate options.
26:8-37. a. A stillborn child shall be registered as a fetal death as required by R.S.26:6-11.
b. (1) The State registrar shall establish a certificate of birth resulting in stillbirth, subject to the provisions of paragraph (2) of this subsection, which shall contain such items as shall be listed on a form provided or approved by the State registrar pursuant to subsection c. of R.S.26:8-24, for an unintended, intrauterine fetal death occurring in this State after a gestational period of 20 or more weeks. This certificate shall be offered to the parent of a stillborn child.
(2) The certificate shall be provided by the State Registrar upon the parent's written request, which may be transmitted to the State registrar directly by the parent or, at the parent's option, by a licensed health care professional on the parent's behalf.
(3) The person who prepares a certificate pursuant to this subsection shall leave blank any references to the stillborn child's name if the stillborn child's parent does not wish to provide a name for the stillborn child.
(4) The certificate of birth resulting in stillbirth shall be filed with the local registrar of the district in which the birth resulting in stillbirth occurred within three days following receipt by the State registrar of the parent's request for the certificate.
(5) When a birth resulting in stillbirth occurring in this State has not been registered within one year after the date of delivery, a certificate marked "delayed" may be filed and registered.
Amended 1951, c.85, s.2; 2003, c.312; 2008, c.100.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-39 - Birth certificate not to disclose illegitimacy; exceptions

26:8-39. Birth certificate not to disclose illegitimacy; exceptions
No official in this state shall issue a birth certificate revealing or disclosing illegitimacy; provided, that a certificate may be issued disclosing such information in response to court process or subpoena or in response to the request of the illegitimate, his or her guardian or legal counsel.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40 - Change of surname of child born out of wedlock; amendment of original birth record

26:8-40. Change of surname of child born out of wedlock; amendment of original birth record
a. The State registrar shall amend the original birth record of a child born out of wedlock to change its surname on the request of both natural parents or the child who is 18 years of age or older and on proof under oath of the marriage of its natural parents. If one of the parents of the child is deceased, the State registrar shall amend the record on proof under oath by the surviving parent or guardian or the child who is 18 years of age or older: (1) of the death of the other parent and (2) that the male parent was presumed to be the child's natural father pursuant to the "New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.).
b. When parentage is adjudicated by any court, the State registrar shall amend the birth record to conform it to the court decree or make any other necessary changes pursuant to a request by the parent to whom custody has been awarded, the child's guardian or the child who is 18 years of age or older. A request for amendment shall be made under oath by the parent, guardian or child and shall be accompanied by a copy of the court decree.
Amended by L.1965, c. 78, s. 55; L.1983, c. 10, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.2 - Parentage unknown; presumption of birth within state

26:8-40.2. Parentage unknown; presumption of birth within state
Any person who, as a child of unknown parentage, heretofore was or hereafter shall be found in this State and whose parentage and the place and time of whose birth remain unknown, shall be presumed to have been born in this State until shown not to have been born herein but only upon compliance with the provisions of this act.
L.1942, c. 95, p. 347, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.4 - Application; determination of probable date of birth; presumption

26:8-40.4. Application; determination of probable date of birth; presumption
3. Upon application by or on behalf of any such person and, if he is of the supposed age of 12 years or over, upon notice to the United States Attorney for the District of New Jersey, the Superior Court shall, if the person has not been guilty of any of the acts set forth in section 4 of this act, determine the probable date of the birth of the person and the place of his birth as the place where he was found in this State. Thereafter such person shall be presumed to have been born in this State at the time and the place so determined, until he shall be shown not to have been born in this State.
L.1942,c.95,s.3; amended 1953,c.26,s.57; 1966,c.43; 1991,c.91,s.300.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.6 - Record of birth; effect as evidence

26:8-40.6. Record of birth; effect as evidence
On the filing of a certified copy of said order with the State Registrar of Vital Statistics, the birth of said person shall be recorded by said registrar as of the date and place named in the said order, which said record shall be evidence of said person's birth as of said time and place.
L.1942, c. 95, p. 350, s. 5. Amended by L.1965, c. 78, s. 57.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.7 - "Employer" defined

26:8-40.7. "Employer" defined
For the purposes of this act "employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons acting directly or indirectly in the interest of an employer in its relations to employees.
L.1942, c. 243, p. 664, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.8 - Honorable discharge from armed services; acceptance by employer in lieu of birth certificate

26:8-40.8. Honorable discharge from armed services; acceptance by employer in lieu of birth certificate
Every employer who shall require as a condition of employment, continuance of employment, or promotions or advancements in employment, a birth certificate from any employee, shall accept in lieu thereof from all employees who are veterans as defined by section 11:27-1 of the Revised Statutes the honorable discharge of such veteran from the armed services of the United States.
L.1942, c. 243, p. 664, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.9 - Violation as disorderly conduct

26:8-40.9. Violation as disorderly conduct
Any employer violating any of the provisions of this act shall be adjudged a disorderly person and shall be proceeded against and punished pursuant to the provisions of the disorderly persons law.
L.1942, c. 243, p. 664, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.10 - Foreign births and adoptions

26:8-40.10. Foreign births and adoptions
The birth of any child which has occurred or which may hereafter occur outside of the United States, where such child is a citizen of the United States by reason of the citizenship of a parent or the parents of such child, and which is not recorded with the State registrar under the provisions of chapter 8 of Title 26 of the Revised Statutes or with the appropriate State official in any other state within the United States, may be recorded by filing a certificate of the birth of such child issued by a public official of the place where such child was born, accompanied by an affidavit setting forth the facts showing such citizenship and, in the case of a child adopted outside of this State or the United States, the decree or certificate of adoption of such child, which affidavit and decree or certificate shall be a part of the record of the birth. In case any such foreign birth certificate is or shall be in a foreign language, there shall be attached to it the translation into the English language of the same, verified by the affidavit of the person making the translation. Any such birth certificate may be recorded as herein provided upon the request of a parent of such child or by any person on behalf of such child, provided that the parent or other person is a New Jersey resident, where the child is or shall become a resident of this State. The State registrar shall, upon the request of a parent of any such child who is adopted outside of this State or the United States or the request of any person on behalf of such child, issue a new certificate of birth for such child, showing (a) the name of such child as changed by the decree or certificate of adoption, if changed, (b) the date and place of birth, (c) the names of the adopting parents or parent, and (d) the date of recording of the foreign birth certificate.
L.1957, c. 154, p. 566, s. 1. Amended by L.1965, c. 78, s. 58; L.1977, c. 288, s. 1, eff. Nov. 30, 1977; L.1979, c. 236, s. 1, eff. Dec. 3, 1979.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.11 - Change of surname of child born out of wedlock; amendment of original birth record

26:8-40.11. Change of surname of child born out of wedlock; amendment of original birth record
Whenever the mother of a child born out of wedlock, who has the same surname as the mother, and who has no presumed natural father pursuant to the "New Jersey Parentage Act," P.L.1983, c.17 (C.9:17-38 et seq.), or the presumed father does not oppose the name change, marries a person who is not the father of said child, the surname of said child may be changed to the surname of the husband of the mother by submitting proof of such marriage to the State Registrar of Vital Statistics or to any local registrar of vital statistics, accompanied by a declaration, signed by said mother and her husband and acknowledged or proved in the manner required by law for deeds to real estate, setting forth that they desire the surname of said child to be changed to that of the husband of said mother and a declaration signed by the presumed father setting forth his approval of the name change. Upon the receipt of such proof and declarations, the surname of said child shall be so changed and the State Registrar and any local registrar of vital statistics is authorized to accept from the said mother and her husband a correction or amendment to the original birth record, giving the child the said husband's surname. Any declaration submitted to the State Registrar or to any local registrar pursuant to this section shall be filed with the original birth record of said child.
L.1960, c. 142, p. 669, s. 1. Amended by L.1983, c. 10, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.12 - Gender reassignment surgery; amendment of birth certificate.

26:8-40.12 Gender reassignment surgery; amendment of birth certificate.
1. The State registrar shall issue an amended certificate of birth to a person born in this State who requests an amended certificate of birth which shows the gender and, if applicable, the name of the person as it has been changed.
a. The State registrar shall issue the amended certificate of birth upon receipt of: (1) a certified copy of an order from a court of competent jurisdiction which indicates that the name of the person has been changed, if the person has changed his or her name; and (2) a form provided by the State registrar and completed by the person, or the person's guardian, which affirms the following language: "I, (petitioner's full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or undesignated/non-binary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose."
b. The amended certificate of birth shall be of the same general type as the original certificate of birth, and shall not be marked as amended.
c. When an amended certificate of birth is issued, the State registrar shall notify the appropriate local registrar of vital statistics who shall enter the amended certificate in his local record and place his copy of the original certificate under seal.
d. The State registrar shall place the original certificate of birth and all papers pertaining to the amended certificate of birth under seal. The seal shall not be broken except by order of a court of competent jurisdiction, or upon the request of the person who is the subject of the certificate of birth, or the parent or guardian, if the person is a minor.
Thereafter, whenever a certified copy of the certificate of birth is prepared, it shall be made from the amended certificate of birth except when an order of a court of competent jurisdiction requires that a certified copy be made of the original certificate of birth.
e. In the case of a resident of this State who was born in another state or in a foreign jurisdiction, if such other state or foreign jurisdiction requires a court order in order to amend a certificate of birth to reflect a change in gender, a court in this State shall have jurisdiction to issue an order declaring a person's gender upon receipt of a statement affirming under penalty of perjury that the request for a declaration of female, male, or undesignated/non-binary gender is to conform with gender identity and not for any fraudulent purpose.
f. The fee for issuing the amended certificate of birth is $6.00.
L.1984, c.191, s.1; amended 2018, c.58.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.20 - Legislative findings and declarations.

26:8-40.20 Legislative findings and declarations.
1. The Legislature finds and declares that: major birth defects occur in approximately 1% of all births and are related to over 25% of all infant deaths; while the cause of many birth defects is unknown, there is much concern that certain birth defects may be related to environmental factors such as pollution and toxic chemicals; about 60% of newborns develop jaundice, which is caused by a buildup of bilirubin, pigment that results from the natural breakdown of red blood cells, and toxic levels of bilirubin can cause severe neurological damage, called kernicterus, which is associated with cerebral palsy, mental retardation, hearing loss and complications with vision and teeth; in order to effectively address these public health problems, it is necessary to collect and compile complete and accurate information concerning the occurrence of birth defects and cases of severe hyperbilirubinemia in this State; and a birth defects and severe neonatal jaundice registry would provide a needed base of information to analyze these problems and plan for and provide services to children with birth defects and severe hyperbilirubinemia and their families.
L.1983,c.291,s.1; amended 2005, c.176, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.21 - Birth defects, severe neonatal jaundice registry.

26:8-40.21 Birth defects, severe neonatal jaundice registry.
2. a. The Department of Health shall establish and maintain a birth defects and severe neonatal jaundice registry, which shall contain a confidential record of all birth defects and all cases of severe hyperbilirubinemia that occur in New Jersey and any other information that the department deems necessary and appropriate in order to conduct thorough and complete epidemiologic surveys of birth defects and cases of severe hyperbilirubinemia that occur in this State and plan for and provide services to children with birth defects and severe hyperbilirubinemia and their families.
b. The department shall make available electronically on its Internet website, in English and Spanish, information on the characteristics and effects of severe neonatal jaundice.
L.1983, c.291, s.2; amended 2005, c.176, s.2; 2012, c.17, s.351.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.22 - Confidential reports of abortions of fetus with or infant affected by birth defect or severe neonatal jaundice.

26:8-40.22 Confidential reports of abortions of fetus with or infant affected by birth defect or severe neonatal jaundice.
3. a. The Commissioner of Health, in consultation with the Public Health Council, shall require the confidential reporting to the Department of Health of all cases where an infant is diagnosed with severe hyperbilirubinemia, and where a pregnancy results in a naturally aborted fetus or infant affected by a birth defect, and an electively aborted fetus that exhibits or is known to have a birth defect after 15 weeks of gestation. The reporting requirement shall apply to all infants from birth through five years of age.
b. The Commissioner of Health shall determine the health care providers and facilities which shall be required to report all birth defects and all cases of severe hyperbilirubinemia, the types of conditions or defects that shall be reported, the type of information that shall be contained in the confidential report and the method for making the report. In reports concerning all fetuses with anomalies, the name of the mother shall not be submitted.
L.1983, c.291, s.3; amended 2005, c.176, s.3; 2012, c.17, s.352.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.23 - Confidentiality of reports

26:8-40.23. Confidentiality of reports
The confidential reports made pursuant to this act are to be used only by the Department of Health and other agencies that may be designated by the Commissioner of Health and shall not otherwise be divulged or made public so as to disclose the identity of any person to whom they relate; and to that end, such reports shall not be included under materials available to public inspection pursuant to P.L. 1963, c. 73 (C. 47:1A-1 et seq.).
L.1983, c. 291, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.24 - Nonliability for divulging confidential information

26:8-40.24. Nonliability for divulging confidential information
No individual or organization providing information to the Department of Health in accordance with this act shall be deemed to be or held liable for divulging confidential information.
L.1983, c. 291, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.25 - Act not to be construed to compel submission to medical examination or to supervision by department of health

26:8-40.25. Act not to be construed to compel submission to medical examination or to supervision by department of health
Nothing in this act shall be construed to compel any individual to submit to a medical examination or to Department of Health supervision.
L.1983, c. 291, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.27 - Findings, declarations relative to stillbirths.

26:8-40.27 Findings, declarations relative to stillbirths.
1. The Legislature finds and declares that:
a. Stillbirths are unintended fetal deaths and are traditionally identified as those which occur after 20 weeks of pregnancy or involve the unintended death of fetuses weighing 350 or more grams;
b. Approximately one in every 160 pregnancies in the United States ends in stillbirth each year, a rate which is high compared with other developed countries;
c. Families experiencing a stillbirth suffer severe anguish, and many health care facilities in the State do not adequately ensure that grieving families are treated with sensitivity and informed about what to expect when a stillbirth occurs, nor are families who have experienced a stillbirth always advised of the importance of an autopsy and thorough evaluation of the stillborn child;
d. While studies have identified many factors that may cause stillbirths, researchers still do not know the causes of a majority of stillbirths, in part due to a lack of uniform protocols for evaluating and classifying stillbirths, and to decreasing autopsy rates;
e. The State currently collects some data related to fetal deaths, but full autopsy and laboratory data related to stillbirths could be more consistently collected and more effectively used to better understand risk factors and causes of stillbirths, and thus more effectively inform strategies for their prevention; and
f. It is in the public interest to establish mandatory protocols for health care facilities in the State, so that each child who is stillborn and each family experiencing a stillbirth in the State is treated with dignity, each family experiencing a stillbirth receives appropriate follow-up care provided in a sensitive manner, and comprehensive data related to stillbirths are consistently collected by the State and made available to researchers seeking to prevent and reduce the incidence of stillbirths.
L.2013, c.217, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.29 - Fetal death evaluation protocol.

26:8-40.29 Fetal death evaluation protocol.
3. The Department of Health shall establish a fetal death evaluation protocol, which a hospital licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.) shall follow in collecting data relevant to each stillbirth. The department shall take appropriate action to ensure that the fetal death evaluation protocol established under this section is consistent with the current federal standards for fetal death certification and fetal death reporting, as adopted, amended, and supplemented by the federal Centers for Disease Control and Prevention. The information to be collected under the fetal death evaluation protocol shall include, but not be limited to:
a. the race, age of the mother, maternal and paternal family history, comorbidities, prenatal care history, antepartum findings, history of past obstetric complications, exposure to viral infections, smoking, drug and alcohol use, fetal growth restriction, placental abruption, chromosomal and genetic abnormalities obtained pre-delivery, infection in premature fetus, cord accident, including evidence of obstruction or circulatory compromise, history of thromboembolism, and whether the mother gave birth before;
b. if consent is obtained from the parents of the stillborn child: documentation of the evaluation of a stillborn child, placenta, and cytologic specimen that conform to the standards established by the American College of Obstetricians and Gynecologists and meet any other requirements deemed by the Commissioner of Health as necessary, including, but not limited to, the following components:
(1) if the parents consent to a complete autopsy: the weight of the stillborn child and placenta, head circumference, length of stillborn child, foot length if stillbirth occurred before 23 weeks of gestation, and notation of any dysmorphic feature; photograph of the whole body, frontal and profile of face, extremities and palms, close-up of any specific abnormalities; examination of the placenta and umbilical cord; and gross and microscopic examination of membranes and umbilical cord; or
(2) if the parents do not consent to a complete autopsy as set forth in paragraph (1) of this subsection, but provide consent to an alternative, limited autopsy: a placental examination, external examination, selected biopsies, X-rays, MRI, and / or ultrasound consistent with the scope of the consent; and
c. any other relevant information, which is consistent with the current federal standards for fetal death certification and fetal death reporting, as adopted, amended, and supplemented by the federal Centers for Disease Control and Prevention.
L.2013, c.217, s.3; amended 2017, c.104, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:8-40.30 - Establishment, maintenance of data base.

26:8-40.30 Establishment, maintenance of data base.
4. a. Within two years after the effective date of this act, the Department of Health shall establish and maintain a new database, or update an existing database, that contains a confidential record of all data obtained pursuant to section 3 of this act, except that if the department develops the technical capability, the department shall establish and maintain the new, or update the existing, database prior to the two years after the effective date of this act.
b. The data shall be made available to the public through the department website, except that no data shall identify any person to whom the data relate.
L.2013, c.217, s.4.