§ 7–231.08. Live birth registration.

(a) A report of each live birth that occurs in the District shall be filed with the Registrar within 5 days after the birth.

(b)(1) An institution or physician shall submit live birth information electronically, and the Registrar shall register the live birth when the information is complete and electronically filed.

(2) An individual may submit live birth information in writing on a form approved by the Registrar for a live birth that occurs outside an institution. The Registrar shall establish the required information for live birth filing through rules issued pursuant to § 7-231.29.

(c) Not less than 30 days before the expected delivery date, the physician, institution, or other individual providing prenatal care shall provide the prenatal care information required for the report to the institution where the delivery is expected to occur.

(d)(1) When a live birth occurs in, or en route to, an institution, the individual in charge of the institution, or his designee, shall collect the personal data, prepare the electronic form, secure the required signature, and electronically file the information.

(2)(A) The physician or other individual in attendance at or immediately following the live birth shall provide the medical information required in a live birth report and verify the facts of live birth within 72 hours after the live birth.

(B) If the physician, or other individual in attendance at or immediately following the live birth, does not verify the facts of live birth in the 72-hour period, the individual in charge of the institution, or his designee, shall verify the facts of live birth and complete the form to report the live birth by an approved electronic process.

(e)(1) In obtaining the information required for the report, an institution shall use information gathering procedures, including worksheets, provided or approved by the Registrar.

(2) An institution may establish procedures to transfer information, electronically or otherwise, required for the report from other systems; provided, that the Registrar shall review and approve the procedures before implementation to ensure that the information transferred is the same required for the report.

(f) When a live birth occurs in the District outside an institution, the report of live birth shall be prepared by and electronically filed in the following order of priority:

(1) By the physician in attendance at the live birth, or who examines the mother and the child, within 5 days after the live birth;

(2) By the medical facility at which the mother and child are examined, within 5 days after the live birth;

(3) By any other licensed or certified health care practitioner in attendance at the live birth, or who examines the mother and the child, within 5 days after the live birth.

(4) The mother;

(5) The second parent or the spouse or the domestic partner of the mother if such individual is in attendance at the live birth; or

(6) The individual in charge of the premises where the live birth occurred.

(g) The Registrar shall determine the evidence that shall be required to establish the facts of live birth by rules issued pursuant to § 7-231.29.

(h) The Registrar shall not register a report for a live birth that took place outside of an institution if the report does not include the minimum acceptable required documentation as required by rules issued pursuant to § 7-231.29, or the Registrar has cause to question the validity or adequacy of the documentary evidence, and the deficiencies are not corrected. The Registrar shall advise the registrant's mother, second parent, spouse, or domestic partner of the mother of the reason for this action, and shall advise the individual of his or her right to appeal the Registrar's decision in court.

(i) When a live birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the District, the live birth shall be electronically registered in the District, and the place where the child is first removed shall be considered the place of live birth.

(j) When a live birth occurs on a moving conveyance while in international waters or air space, or in a foreign country or its air space, and the child is first removed from the conveyance in the District, the live birth shall be electronically registered in the District; provided, that the record shall identify the actual place of live birth if it can be determined.

(k) The information required by the report of live birth shall be that of the mother and the information shall be reported to and registered by the Vital Records Division.

(l) For the purposes of live birth registration:

(1) The record shall include the name of the mother of the child;

(2) No more than 2 parents may be named on a live birth record including the mother;

(3) If the mother was married at the time of either conception or live birth, or between conception and live birth, or a child is born within 300 days after the termination of marital cohabitation by reason of death, annulment, divorce, or separation ordered by the court, only the name of the spouse during those times may be entered on the record as the second parent of the child, unless parentage by a different individual has been determined otherwise pursuant to § 16-909.01;

(4) If the mother was in a domestic partnership at the time of either conception or live birth, or between conception and live birth, or a child is born within 300 days after the termination of the domestic partnership pursuant to § 32-702(a), only the name of the domestic partner shall be entered on the record as the second parent of the child, unless parentage has been determined otherwise pursuant to § 16-909.01;

(5) If the mother was not married or in a domestic partnership at the time of either conception or live birth, or between conception and live birth, the name of a second parent shall only be entered on the record if:

(A) The mother and the father have signed a voluntary acknowledgment of paternity pursuant to § 16-909.01(a)(1) or pursuant to the laws and procedures of another state in which the voluntary acknowledgment was signed;

(B) The mother and the second parent have signed a consent to parent a child born by artificial insemination pursuant to § 16-909.01(e); or

(6) The consent to parent a child born by artificial insemination pursuant to § 16-909.01(e) shall be on a form prescribed and furnished by the Registrar that:

(A) Acknowledges the mother and intended parent's consent to the artificial insemination and the intended parent's intent to be a parent of the child;

(B) Is signed and sworn by oath under penalty of perjury;

(C) Includes written notice of the legal consequences, rights, and responsibilities as a parent that arise from signing the consent; and

(D) Contains the full names, Social Security numbers of the mother and intended parent, the birthplace of the child, if applicable, and a statement indicating that both parents understand the rights, responsibilities, and consequences of signing the affidavit;

(7) If a male or female parent, other than the mother, is not named on the record of live birth, no other information about the male or female parent may be entered on the record;

(8) The surname of the child shall be the surname of the mother or the second parent, or the surnames of both parents recorded in any order in a hyphenated or unhyphenated form, or any surname to which either parent has a familial connection; and

(9) If the chosen surname is not that of a parent, or the surnames of both parents recorded in any order, whether hyphenated or unhyphenated, both parents shall provide an affidavit signed under penalty of perjury stating that the chosen surname was or is the surname of a past or current relative or has another clearly stated familial connection.

(m)(1) The mother of the child, the second parent of the child, or other informant shall verify the accuracy of the personal data to be entered on the report for submission within 5 days after the date of live birth.

(2) A report of live birth submitted after 5 days, but within one year from the date of live birth shall be registered in the standard format of live birth reports in the manner prescribed in this section. The report shall not be marked or flagged as "delayed".