Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 105 - Vital Statistics › Subchapter 3 - Birth Registration › Section 310:105-3-5 - New certificates of birth

Current through Vol. 41, No. 20, July 1, 2024
(a)
Legitimacy of child born out of wedlock.
The State Commissioner of
				Health shall establish a new certificate of birth for a person born in this
				State and whose birth certificate indicates the birth occurred out of wedlock
				when he receives a written request from the person, or either of the parents,
				and evidence proving that such person has been legitimated. Such evidence shall
				consist of a sworn statement by the mother and the husband that he is the
				natural father of the child whose certificate is to be replaced. The
				above-mentioned sworn statement must be accompanied by a certified copy of the
				parents' marriage license. The sworn acknowledgement of the parents and the
				certified copy of the marriage license shall be retained with the original
				certificate of birth in the confidential files of the Vital Records Division
				and shall not be subject to inspection, except upon order of a court of
				competent jurisdiction.
(b)
Adoption.
The State Commissioner of Health shall establish a new
				certificate of birth for a person born in this State when furnished with an
				adoption certificate as provided in the Uniform Adoption Act, or a certified
				copy of the decree of adoption together with the information necessary to
				identify the original certificate of birth and to establish a new certificate
				of birth.
(c) When the State
				Commissioner of Health or the State Registrar receives an adoption certificate
				or a certified copy of the Decree of Adoption from a court for a person born
				outside this State, such record shall be forwarded to the appropriate State
				Registrar or registration authority in the State of birth.
(d)
Adoption of foreign born;
				certificate of birth.
(1) The State
				Commissioner or State Registrar may upon request prepare and register a
				certificate of birth in this State for a person born in a foreign country who
				is not a citizen of the United States and who was adopted under the provisions
				of Oklahoma Statutes in this State. The certificate may be established upon
				receipt of an adoption certificate as provided for in the Uniform Adoption Act,
				or a certified copy of the decree of adoption. The information contained in the
				certificate of or decree of adoption shall set forth the actual date of the
				adopted persons birth. A request must also be made to the State Registrar by
				the Court, the adopting parents, or their attorney, or the adopted person if of
				legal age that such a certificate be prepared. Such "Certificate of Foreign
				Birth" shall be on a form prescribed by the State Registrar and shall be
				labeled "Certificate of Foreign Birth" and shall show the actual country of
				birth and actual date of birth. A statement shall also be included on the
				certificate indicating that it is not evidence of United States Citizenship for
				the person for whom it is issued.
(2) After registration of the "Certificate of
				Foreign Birth" in the new name of the adopted person, the State Registrar shall
				seal and file the evidence of adoption and it shall not be subject to
				inspection except upon order of a court of competent jurisdiction.
(3) A "Certificate of Foreign Birth"
				registered in accordance with the above provisions shall not be amended except
				upon order of a court of competent jurisdiction. Such a certificate shall then
				be "amended" only by adding a page providing the Court's findings. Upon receipt
				of notice of annulment of adoption, from a court of competent jurisdiction in
				this State, the State Registrar shall so mark the "Certificate of Foreign
				Birth" and shall follow the directive of the court.
(4) The evidentiary value of a "Certificate
				of Foreign Birth" shall be determined by the judicial or administrative body or
				official before when the certificate is offered as evidence.
(5) The State Registrar shall establish a
				system for filing, preserving and issuance of certified copies of "Certificate
				of Foreign Birth" shall so indicate the same as well as the actual country of
				birth and the fact the certificate is "not proof of United States
				Citizenship."