37.8.301    CERTIFICATE OF BIRTH

(1) A certificate of birth for every child born in Montana must be completed and filed within ten calendar days after the date of birth.

(2) If a birth occurs in a health care facility, the certificate must be filed by the attending physician, physician's designee, the person in charge of the health care facility, or the designee of that person.

(3) If a birth occurs en route to a health care facility, the person in charge of the health care facility or that person's designee must prepare and file the birth certificate in accordance with 50-15-221(3), MCA.

(4) With the exception of a birth that occurs en route to a health care facility, if a birth occurs somewhere other than in a health care facility, a birth certificate must be prepared and filed by the person indicated by 50-15-221(4), MCA, along with a signed and notarized affidavit stating:

(a) the state and county of the birth;

(b) the name of the person or persons, if any, in attendance at the birth;

(c) the child's given names and surname, sex, hour, date, and place of birth; and

(d) the father's full name, if available, and the mother's full maiden name.

(5) If no one in attendance at the birth is available, the local registrar will comply with 50-15-202, MCA, and complete the certificate using information obtained with reasonable certainty.

(6) All births must be filed using either a current paper form or Montana's Electronic Birth Registration System.

(7) The information in the section of a birth certificate labeled "information for medical and health use only" is provided to the department only, and is neither considered to be nor certified as part of the legal birth certificate.

(8) All dates must be in literal format (e.g., January 1, 2000, instead of 1-1-00).

(9) If a birth occurs somewhere other than in a health care facility and is not attended by a physician or a licensed midwife, and the birth certificate is filed before the first birthday, additional evidence in support of the facts of the birth is required. A certificate for the birth must be completed and filed by the individual responsible for filing the certificate as stated in 50-15-221(4), MCA, and include evidence of the pregnancy, evidence that the infant was born alive, and evidence the birth occurred within this state, as stated in (10) through (12).

(10) Evidence of a pregnancy is:

(a) a prenatal record;

(b) a statement from a physician or other health care provider qualified to determine pregnancy;

(c) a report of a home visit by a public health nurse or other health care provider that indicates the mother was pregnant at the time of the visit; or

(d) other evidence acceptable by the department.

(11) Evidence that the infant was born alive includes:

(a) a statement from the physician or other health care provider who saw or examined the infant;

(b) an observation of the infant during a home visit by a public health nurse; or

(c) other evidence acceptable to the department.

(12) Evidence of the mother's presence in Montana on the date of birth includes:

(a) if the birth occurred in the mother's residence:

(i) a driver's license or a state-issued identification card that lists the mother's current residence;

(ii) a rent or mortgage receipt dated near the date of birth that includes the mother's name and address;

(iii) any type of utility, telephone, or other bill dated near the time of birth that includes the mother's name and address; or

(iv) other evidence acceptable to the department.

(b) if the birth occurred outside of the mother's place of residence and the mother is a resident of Montana, such evidence must consist of:

(i) an affidavit from the tenant of the premises where the birth occurred, that the mother was present on those premises at the time of birth;

(ii) evidence of the affiant's residence similar to that required in (12)(a)(i);

(iii) evidence of the mother's residence in the state similar to that required in (12)(a)(i); or

(iv) other evidence acceptable to the department.

(13) If the mother is not a resident of Montana, such evidence must consist of clear and convincing evidence acceptable to the department.

(14) The department will determine the acceptability of all documentary evidence submitted in support of a birth outside a health care facility. Documents presented must be in the form of the original record or a duly certified copy thereof or a notarized signed statement from the custodian of the record attesting to the accuracy of the record.

History: 50-15-102, 50-15-103, MCA; IMP, 50-15-102, 50-15-103, 50-15-109, 50-15-112, 50-15-113, 50-15-201, 50-15-124, 50-15-202, 50-15-221, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 124, Eff. 7/26/77; AMD, 1981 MAR p. 1188, Eff. 10/16/81; AMD, 1987 MAR p. 1481, Eff. 8/28/87; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.