A. A certificate of birth for each live birth that occurs in this state shall be filed with the bureau or as otherwise directed by the state registrar within ten days after the birth and shall be registered if it has been completed and filed in accordance with this section. When a birth, however, occurs on a moving conveyance, a birth certificate shall be registered in this state and the place where the child is first removed shall be considered the place of birth.

B. When a birth occurs in an institution, the person in charge of the institution or the person's designated representative shall obtain the personal data, prepare the certificate of birth, secure the signatures required and file it as directed in this section. The physician or other person in attendance shall certify the medical information required by the certificate of birth within ten working days after the birth in accordance with policies established by the institution where the birth occurred. The person in charge of the institution or the person's designee shall complete and sign the certificate of birth.

C. When a birth occurs outside an institution, the certificate of birth shall be prepared and filed by one of the following in the indicated order of priority:

(1) the physician in attendance at or immediately after the birth;

(2) any other person in attendance at or immediately after the birth; or

(3) the father, the mother or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

D. If the mother was married at the time of either conception or birth, the name of the husband shall be entered on the certificate of birth as the father of the child, unless paternity has been determined pursuant to Subsection F or G of this section or by a court, in which case the name of the father as determined pursuant to Subsection F or G of this section or by the court shall be entered.

E. If the mother was not married at the time of either conception or birth, but the mother and father have signed under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act [40-11A-101 to 40-11A-903 NMSA 1978], the father's name, date of birth and social security number shall be entered on the acknowledgment of paternity. The name of the father shall not be entered on the certificate of birth without such a written acknowledgment of paternity signed under penalty of perjury by the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered.

F. At or before the birth of a child to an unmarried woman, the person in charge of the institution, a designated representative, the attending physician or midwife shall:

(1) provide an opportunity for the child's mother and father to sign under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act. The completed acknowledgment of paternity shall be filed with the bureau. The acknowledgment shall contain or have attached to it:

(a) a statement by the mother consenting to the assertion of paternity;

(b) a statement by the father that he is the father of the child;

(c) written information, furnished by the human services department, explaining the implications of signing, including legal parental rights and responsibilities; and

(d) the social security numbers of both parents; and

(2) provide written information, furnished by the human services department, to the mother and father, regarding the benefits of having the child's paternity established and of the availability of paternity establishment services and child support enforcement services.

G. If a married mother claims that her husband is not the father of the child, the husband signs under penalty of perjury a denial of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act and the non-husband agrees that he is the father, an acknowledgment of paternity may be signed under penalty of perjury by the mother and the non-husband. Upon filing the acknowledgment of paternity and the denial of paternity with the bureau, the name of the non-husband shall be entered on the certificate of birth as the father.

H. Pursuant to an interagency agreement for proper reimbursement, the bureau shall make available to the human services department the birth certificate, the mother's and father's social security numbers and paternity acknowledgments or denials. The human services department shall use these records only in conjunction with its duties as the state IV-D agency responsible for the child support program under Title IV-D of the federal Social Security Act.

I. Each party shall be provided with copies of any acknowledgment of paternity and any related denial of paternity.

J. The forms of acknowledgment of paternity and denial of paternity furnished by the bureau shall comply with the requirements of the New Mexico Uniform Parentage Act and shall be provided in English and in Spanish.

History: 1953 Comp., § 12-4-35, enacted by Laws 1961, ch. 44, § 13; 1981, ch. 309, § 7; 1993, ch. 287, § 1; 2009, ch. 215, § 15.

Cross references. — For issuance of new birth certificates following adoptions, legitimations and paternity determinations, see 24-14-17 NMSA 1978.

For requirement for reporting on birth certificate whether blood test for syphilis taken from mother, see 24-1-11 NMSA 1978.

For Title IV-D of the federal Social Security Act, see 42 U.S.C. § 651 et seq.

The 2009 amendment, effective January 1, 2010, changed "certificate" to "certificate of birth"; in Subsection D, in the first sentence, after "name of the father as determined", added "pursuant to Subsection F or G of this section or"; in Subsection E, after "conception or birth, but the" added "mother and", after "mother and father have signed", added "under penalty of perjury"; between "acknowledgment of paternity" and "the father's name", changed "as provided by this section" to "on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act"; in the second sentence, after "certificate of birth without", deleted "the written consent of" and added "such a written acknowledgment of paternity signed under penalty of perjury by"; in Paragraph (1) of Subsection F, changed "natural father to complete an acknowledgement of paternity" to "father to sign under penalty of perjury an acknowledgment of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act"; in the second sentence, after "The completed", deleted "affidavit" and added "acknowledgment of paternity"; and changed "vital statistics bureau of the public health division of the department" to "bureau"; in Subparagraphs (a) and (b) of Paragraph (1) of Subsection F, changed "sworn statement" to "statement"; in Subparagraph (b) of Paragraph (1) of Subsection F deleted "natural" before "father"; in Subsection G, in the first sentence, after "the husband", deleted "agrees that he is not the father" and added "signs under penalty of perjury a denial of paternity on a form provided by the bureau pursuant to the New Mexico Uniform Parentage Act"; changed "the putative father" to "the non-husband"; after "of paternity may be signed", added "under penalty of perjury"; and changed "respective parties and duly notarized" to "mother and the non-husband"; and in the second sentence, after "Upon filing", deleted "this affidavit" and added "the acknowledgment of paternity and the denial of paternity"; in Subsection H, in the first sentence, after "paternity acknowledgments", added "or denials"; and added Subsections I and J.

The 1993 amendment, effective June 18, 1993, inserted "of the public health division of the department" in the first sentence of Subsection A; inserted "or G" in Subsection D; added the language beginning "but the father has signed" to the end of the first sentence of Subsection E; added Subsections F and H, redesignating former Subsection F as Subsection G; substituted "acknowledgment" for "affidavit" in the first sentence and inserted "of birth" in the second sentence, in Subsection G; and made stylistic changes in Subsections D, E, and G.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Health § 106.

39A C.J.S. Health and Environment § 41.