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03 LC 30 0481
House Bill
18
By: Representative Bridges of the 7th
By: Representative Bridges of the 7th
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 enact the
"Baby´s
Right to Know Act;" to require an unmarried mother to identify the name of a
baby´s
father; to provide for county health departments to locate putative fathers; to
provide for amended birth certificates; to require the identification on birth
certificates of certain children born as a result of artificial insemination;
to provide for related matters; 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 the
"Baby´s
Right to Know Act."
SECTION 2.
Chapter 10 of Title 31 of the Official Code of Georgia
Annotated, relating to vital records, is amended by striking subsections (e) and
(f) of Code Section 31-10-9, relating to registration of births, and inserting
in their respective places the
following:
"(e) 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)(A) If the mother is not married to the father 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 the mother shall be required to identify the name of the
child´s
father which name shall be entered on the certificate of birth and identified as
unconfirmed. If the mother indicates that the
father´s
name is unknown the birth certificate shall so indicate. The name of the
putative father and his address, if available, shall be recorded on a
notification form which together with the birth certificate shall be filed in
accordance with subsection (a) of this Code
section.
(B) Upon receipt of a birth certificate and notification form, the local registrar shall forward the notification form to the county health department which shall attempt to locate the putative father. The county health department may seek the assistance of the county sheriff or local police department in its attempt to locate the putative father.
(C) If the county health department is able to contact the putative father, he shall be notified of his rights and responsibilities regarding the identified child. The putative father may either admit or deny paternity. If paternity is denied, the putative father shall be asked to submit to a DNA blood test to establish paternity. The cost of the paternity test shall be borne by the putative father if the test establishes paternity or, if the test fails to establish paternity, by the mother or the state if the mother is indigent.
(D) The county health department shall notify the local registrar of the results of the paternity test. Upon receipt of a positive paternity test result the registrar shall remove the unconfirmed notation on the birth certificate. Upon receipt of a negative paternity test result the registrar shall remove the name of the putative father and replace it with the word 'unknown.'
(E) The county health department shall inform the mother of the result of each paternity test. Upon positive identification of the father an amended birth certificate shall be provided to the mother by the registrar;
(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) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth.
(f) 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) of this Code section. The birth certificate of a child born to an unmarried woman as a result of artificial insemination shall have placed on the birth certificate in the space where the father´s name would be entered the words 'artificial insemination.'"
"(e) 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)(A) If the mother is not married to the father at either the time of conception or at the time of birth,
(B) Upon receipt of a birth certificate and notification form, the local registrar shall forward the notification form to the county health department which shall attempt to locate the putative father. The county health department may seek the assistance of the county sheriff or local police department in its attempt to locate the putative father.
(C) If the county health department is able to contact the putative father, he shall be notified of his rights and responsibilities regarding the identified child. The putative father may either admit or deny paternity. If paternity is denied, the putative father shall be asked to submit to a DNA blood test to establish paternity. The cost of the paternity test shall be borne by the putative father if the test establishes paternity or, if the test fails to establish paternity, by the mother or the state if the mother is indigent.
(D) The county health department shall notify the local registrar of the results of the paternity test. Upon receipt of a positive paternity test result the registrar shall remove the unconfirmed notation on the birth certificate. Upon receipt of a negative paternity test result the registrar shall remove the name of the putative father and replace it with the word 'unknown.'
(E) The county health department shall inform the mother of the result of each paternity test. Upon positive identification of the father an amended birth certificate shall be provided to the mother by the registrar;
(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) In all other cases, the surname of the child shall be the legal surname of the mother at the time of the birth.
(f) 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) of this Code section. The birth certificate of a child born to an unmarried woman as a result of artificial insemination shall have placed on the birth certificate in the space where the father´s name would be entered the words 'artificial insemination.'"
SECTION 3.
All laws and parts of laws in conflict with this Act are
repealed.