Mandatory submission and registration of reports of live birth; persons required to report; rules
(1)A report of live birth for each live birth that occurs in this state shall be submitted to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after the live birth and shall be registered if the report has been completed and filed in accordance with this section.
(2)The physician, institution or other person providing prenatal care related to a live birth shall provide prenatal care information as required by the state registrar by rule to the institution where the delivery is expected to occur not less than 30 calendar days prior to the expected delivery date.
(3)When a live birth occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of live birth, certify either by signature or electronic signature that the child was born alive at the place and time and on the date stated and submit the report as described in subsection (1) of this section.
(4)In obtaining the information required for the report of live birth, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested.
(5)(a) When a live birth occurs outside an institution, the information for the report of live birth shall be submitted within five calendar days of the live birth in a format adopted by the state registrar by rule in the following order of priority:
(A)By an institution where the birth mother and child are examined, if examination occurs within 24 hours of the live birth;
(B)By a physician in attendance at the live birth;
(C)By a direct entry midwife licensed under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes) in attendance at the live birth;
(D)By a person not described in subparagraphs (A) to (C) of this paragraph and not required by law to be licensed to practice midwifery who is registered with the Center for Health Statistics to submit reports of live birth and who was in attendance at the live birth; or
(E)By the father, the birth mother, any other parent or, in the absence or inability of any parent, the person in charge of the premises where the live birth occurred.
(b)The state registrar may establish by rule the manner of submitting the information for the report of live birth by a person described in paragraph (a)(D) of this subsection or a physician or licensed direct entry midwife who attends the birth of his or her own child, grandchild, niece or nephew.
(6)When a report of live birth is submitted that does not include the minimum acceptable documentation required by this section or any rules adopted under this section, or when the state registrar has cause to question the validity or adequacy of the documentation, the state registrar, in the state registrar’s discretion, may refuse to register the live birth and shall enter an order to that effect stating the reasons for the action. The state registrar shall advise the applicant of the right to appeal under ORS 183.484 (Jurisdiction for review of orders other than contested cases).
(7)When a live birth occurs on a moving conveyance:
(a)Within the United States and the child is first removed from the conveyance in this state, the live birth shall be registered in this state and the place where it is first removed shall be considered the place of live birth.
(b)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 report of live birth shall show the actual place of birth insofar as can be determined.
(8)For purposes of making a report of live birth and live birth registration, the woman who gives live birth is the birth mother. If a court of competent jurisdiction determines that a woman other than the birth mother is the biological or genetic mother, the court may order the state registrar to amend the record of live birth. The record of live birth shall then be placed under seal.
(9)(a) If the birth mother is married at the time of either conception or live birth, or within 300 days before the live birth, the name of the mother’s spouse in a marriage shall be entered on the report of live birth as a parent of the child unless parentage has been determined otherwise by a court of competent jurisdiction.
(b)If the birth mother is not married at the time of either conception or live birth, or within 300 days before the live birth, the name of the other parent shall not be entered on the report of live birth unless a voluntary acknowledgment of paternity form or other form prescribed under ORS 432.098 (Voluntary acknowledgment of paternity form) is:
(A)Signed by the birth mother and the person to be named as the other parent; and
(B)Filed with the state registrar.
(c)If the birth mother is a partner in a domestic partnership registered by the state at the time of either conception or live birth, or between conception and live birth, the name of the birth mother’s partner shall be entered on the report of live birth as a parent of the child, unless parentage has been determined otherwise by a court of competent jurisdiction.
(d)In any case in which paternity or parentage of a child is determined by a court of competent jurisdiction, or by an administrative determination of paternity or parentage, the Center for Health Statistics shall enter the name of each parent on the new record of live birth. The Center for Health Statistics shall change the surname of the child if so ordered by the court or, in a proceeding under ORS 25.550 (Establishing paternity of child), by the administrator as defined in ORS 25.010 (Definitions for support enforcement laws).
(e)If a biological parent is not named on the report of live birth, information other than the identity of the biological parent may be entered on the report.
(10)A parent of the child, or other informant as determined by the state registrar by rule, shall verify the accuracy of the personal data to be entered on a report of live birth in time to permit submission of the report within the five calendar days of the live birth.
(11)A report of live birth submitted after five calendar days, but within one year after the date of live birth, shall be registered in the manner prescribed in this section. The record shall not be marked “Delayed.”
(12)The state registrar may require additional evidence in support of the facts of live birth. [Formerly 432.206; 2014 c.45 §51; 2015 c.629 §50; 2017 c.651 §45]
Atty. Gen. Opinions
Under Former Similar Statute (Ors 432.205)
Scope of practice of midwifery, (1977) Vol 38, p 967