§ 7–231.21. New records of live birth for adoption and determination of parentage.

(a) The Registrar shall establish a new record of live birth upon receipt of one the following documents:

(1) An adoption form prepared in accordance with § 7-231.19;

(2) An adoption form prepared and filed according to the laws of a state or foreign country;

(3) A certified copy of an order issued by the court determining the parentage of such an individual; or

(4) A voluntary acknowledgment of parentage by an individual in accordance with § 16-2345.

(b) The Registrar shall establish a new record of live birth for an adoptee born outside of the United States upon receipt of a request of the adoptive parent or the adoptee, if the adoptee is 18 years of age or older, and either:

(1) An adoption form prepared in accordance with § 7-231.19; or

(2) A copy of the foreign adoption decree that includes a certified translation of the decree.

(c) If birth information is not already included in the foreign adoption decree, the Registrar may rely on the following evidence to determine the child's birth date and birthplace:

(1) An original live birth certificate;

(2) Evidence of IR-3 immigrant visa status, or successor immigrant visa status for the child, issued by the U.S. Citizenship and Immigration Services;

(3) A post-adoption live birth certificate issued by the foreign jurisdiction, including a certified copy, extract, or translation; or

(4) An equivalent document, such as a record of the U.S. Citizenship and Immigration Services or the U.S. Department of State.

(d) The Registrar shall return all adoption documents issued by the foreign jurisdiction to the adoptive parent or adoptee, whichever is applicable.

(e) The Registrar shall not establish a new record of live birth if so requested by the adoptive parents pursuant to § 16-314(a).

(f) If the individual's name has been changed subsequent to adoption or determination of parentage, the order shall include the name that currently appears on the live birth record and the new name to be designated on the replacement record of live birth. The new name of the individual shall be shown on the replacement live birth record.

(g) The actual place and date of live birth shall be displayed on the new record of live birth. The new record shall be substituted for the original record of live birth in the files of the Vital Records Division. The new record shall not designate that parentage has been established by judicial process or by acknowledgement.

(h) A replacement record of live birth shall be substituted for the original record of live birth. The original record of live birth and the evidence of adoption, parentage determination, or parentage acknowledgement submitted shall be placed under seal and not be subject to inspection, except by the Registrar for the purpose of properly administering the system of vital statistics, upon an order of the court, or in accordance with rules issued pursuant to § 7-231.29.

(i) If no record of live birth is on file for the individual for whom a new live birth record is to be established pursuant to this section, and the date and place of live birth have not been determined in the adoption or parentage proceedings, the Registrar shall file a delayed report of live birth before issuing a new record of live birth. The new live birth record shall be prepared in accordance with § 7-231.11.

(j) Upon receipt of a report of an amended decree of adoption, the Registrar shall amend the record of live birth.

(k) Upon receipt of a report or decree of annulment of adoption, the Registrar shall restore the original record of live birth. The annulled record of live birth and its associated evidence shall not be subject to inspection, except upon order of the court or as authorized by rules issued pursuant to § 7-231.29.

(l) The Registrar shall not create a replacement record if the date and place of live birth have not been determined in the adoption or paternity proceedings or if a delayed registration of live birth has not been completed in accordance with § 7-231.11.

(m) When a replacement record of live birth is issued by the Registrar, any agency that possesses a certificate of live birth from the original record shall return the certificate to the Registrar upon request.