07 LC 37
0236
House
Bill 15
By:
Representatives Meadows of the
5th,
Morris of the
155th,
Lindsey of the
54th,
Benton of the
31st,
Smith of the
131st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating
to vital records, so as to change certain provisions relating to registration
and certificate of births; to provide for a short title; to provide for related
matters; to provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as "Walker´s Act."
SECTION
2.
Chapter
10 of Title 31 of the Official Code of Georgia Annotated, relating to vital
records, is amended by striking Code Section 31-10-9, relating to registration
of births, in its entirety and inserting in its place the
following:
"31-10-9.
(a)
As used in this Code section, the term 'birth' means live birth or fetal
death.
(a)(b)
A certificate of birth for each
live
birth which occurs in this state shall be filed with the State Office of Vital
Records within five days after such birth and filed in accordance with this Code
section and regulations of the department.
(b)(c)
When a birth occurs in an institution or en route thereto, the person in charge
of such institution or that person´s designated representative shall obtain
the personal data, prepare the birth certificate, certify, either by signature
or by an electronic process established or approved by the State Office of Vital
Records, that the child was born
alive
at the place and time and on the date stated and file the certificate with the
State Office of Vital Records. The physician or other person in attendance
shall provide the medical information required by the certificate within 72
hours after the birth occurs.
(c)(d)
Except as provided in subsection
(b)
(c)
of this Code section, when a birth occurs outside an institution, the
certificate shall be prepared and filed by one of the following in the indicated
order of priority:
(1)
The physician or certified nurse midwife in attendance at or immediately after
the birth; or in the absence of such person:
(2)
Any other person in attendance at or immediately after the birth; or in the
absence of such a person:
(3)
The father or the mother; or in the absence of the father and inability of the
mother:
(4)
The person in charge of the premises where the birth occurred.
(d)(e)
When a birth occurs on a moving conveyance within the United States and the
child is first removed from the conveyance in this state, the birth shall be
registered in this state and the place where it is first removed shall be
considered the place of birth. When a birth occurs on a moving conveyance while
in international waters or airspace or in a foreign country or its airspace and
the child is first removed from the conveyance in this state, the birth shall be
registered in this state but the certificate shall show the actual place of
birth insofar as can be determined.
(e)(f)
The name of the natural father or putative father shall be entered on the
certificate of
live
birth as follows:
(1)
If the mother was married either at the time of conception or at the time of
birth, the name of the husband shall be entered on the certificate as the father
of the child unless paternity has been determined otherwise by a court having
jurisdiction, in which case the name of the father as determined by the court
shall be entered;
(2)
If the mother is not married at either the time of conception or at the time of
birth, the name of the putative father shall not be entered on the certificate
of birth without the written consent of the mother and the person to be named as
father;
(3)
In any case in which paternity of a child is determined by a court of competent
jurisdiction, the name of the father and the surname of the child shall be
entered on the certificate of birth in accordance with the finding and order of
the court;
(4)
If the father is not named on the certificate of birth, no other information
about the father shall be entered on the certificate; or
(5)
Except as provided in paragraph (3) of this subsection, in all other cases, the
surname of the child shall be the legal surname of the mother at the time of the
birth entered on the certificate as designated by the mother. When a paternity
acknowledgment is completed, the surname of the child shall be entered as
designated by both parents.
(f)(g)
The birth certificate of a child born to a married woman as a result of
artificial insemination, with consent of her husband, shall be completed in
accordance with the provisions of subsection
(e)
(f)
of this Code section.
(g)(h)
Either of the parents of the child, or other informant, shall verify the
accuracy of the personal data entered on the certificate in time to permit the
filing of the certificate within the time period prescribed in subsection
(a)
(b)
of this Code section.
(h)(i)
All birth certificates filed and registered must identify the recorded person by
name and the name of each legal parent of such person and the name of all other
persons required by this Code section or by regulation. No obscenities,
numbers, symbols, or other such nonidentifying name information will be
accepted. If a legal parent has not decided upon a first or middle name for the
child before the time limits established in this Code section, the birth record
shall be registered without the child´s first or middle name, or both,
unless a court order provides otherwise.
(j)
A certificate of birth may be issued for a fetal death occurring between
January 1, 2006, and July 1, 2007, as provided for in this Code section
upon submission of such proof of birth as the commissioner deems
appropriate."
SECTION
3.
This
Act shall become effective July 1, 2007.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.