R436.  Health, Center for Health Data, Vital Records and Statistics.
R436-5.  New Birth Certificates After Legitimation, Court Determination of Paternity, or Adoption.
R436-5-1.  Authorization.
	This rule is authorized by Section 26-2-10 and describes the procedures for preparing new birth certificates after legitimation, Court determination of paternity or adoption.

R436-5-2.  Definition.
	For the purpose of this rule "Supplementary certificate of birth" as used in Section 26-2-10 of the Utah statutes means a new birth certificate prepared to replace the original registered birth certificate.

R436-5-3.  Legitimation.
	(1)  The State Registrar shall prepare a new certificate of birth for a child born in this state if the natural parents submit a sworn acknowledgement of paternity, a certified copy of the marriage certificate and pay the required fee.  However, if another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or following adoption.
	(2)  The acknowledgement of paternity may also specify a name change for the child.

R436-5-4.  Court Determination of Paternity.
	(1)  A person whose parentage has been determined by court order, or his legal representative, may obtain a new birth certificate by presenting a certified copy of the court order to the State Registrar along with the required fee.  The Registrar shall prepare the new birth certificate with the full name of the person as specified in the court order.  If the court order does not specify the name to be placed on the birth certificate, the State Registrar shall prepare the new birth certificate with the name as listed on the original birth certificate.
	(2)  If the court order does not specify the name to be placed on the birth certificate and if the original birth certificate does not list the name of the person, the State Registrar shall prepare the new birth certificate without a name.  A person whose parentage has been determined by court order and whose new birth certificate does not list his name, or his legal representative, may seek amendment of the new birth certificate pursuant to the provisions of R436-3-2.

R436-5-5.  Adoption.
	Unless the court order of adoption or report of adoption specifies that a new birth certificate is not to be prepared, the State Registrar shall prepare new birth certificate for a child born in this state upon receipt of a court order of adoption or a court report of adoption certified by the clerk of the court and payment of the required fee.  The full name of the child to be entered on the new birth certificate shall be as specified in the court order.  A court order of adoption for foreign born persons may also serve as a court order delayed registration of birth as provided in R436-6-1.

R436-5-6.  Legal Representative.
	For purposes of Section 26-2-10, a legal representative with authority to make application for registration of a new birth certificate is limited to any of the following:
	(1)  the custodial parent;
	(2)  a person given authority for purposes of making application for registration of the new birth certificate by a court of competent jurisdiction; and
	(3)  a person granted power of attorney for purposes of making application for registration of the new birth certificate by:
	(a)  the person who is the subject of the birth certificate, if of legal age;
	(b)  the custodial parent, if a sworn attestation of custodianship is included with the power of attorney; or
	(c)  both parents acting jointly.

R436-5-7.  Existing Certificate to Be Placed in a Special File.
	Upon preparation of a new certificate under this rule, the State Registrar shall place the original certificate and the evidence upon which the new certificate was based in a sealed file.  The sealed file is not be subject to inspection, except upon order of a court of competent jurisdiction or by the State Registrar for the purpose of properly administering the vital statistics program.  The State Registrar shall provide a copy of the new birth certificate to the local registrar who has a copy of the original on file.  Upon receipt of the new certificate, the local registrar shall replace the copy with the new certificate and return the copy to the State Registrar for destruction or destroy the local copy and so notify the State Registrar.  The local registrar shall also delete or destroy index entries referring to the original certificate.

KEY:  birth, legitimation, court, adoption
Date of Enactment or Last Substantive Amendment:  May 1, 1996
Notice of Continuation:  July 13, 2016
Authorizing, and Implemented or Interpreted Law:  26-2-10