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State Statutes - Idaho - Title 39 - Chapter 2 - 39-255
Idaho Statutes
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39-255 - REGISTRATION OF BIRTHS
A certificate of each birth which occurs
in this state shall be filed with the local registrar of the district in which
the birth occurs, or as otherwise directed by the state registrar, within
fifteen (15) days of the date of birth. No certificate shall be deemed
complete until every item of information required shall have been provided or
its omission satisfactorily accounted for.
(a) When a birth occurs in an institution or en route thereto, the person
in charge of the institution or a designated representative shall obtain the
personal data, prepare the certificate, secure the signatures required, and
file the certificate within fifteen (15) days of the date of birth. The
physician or other person in attendance shall provide the medical information
required by the certificate and certify to the facts of birth. When the
physician, or other person in attendance, is physically unable to certify to
the facts of birth within the time prescribed in this section, the person in
charge of the institution may complete and sign the certificate.
(b) When a birth occurs outside an institution, the certificate shall be
prepared and filed by:
(1) The physician or other person in attendance at or immediately after
such birth; or
(2) When no physician or other person is present at or immediately after
such birth: the father, or in the event of the death, disability or
absence of the father, the mother; or in the event of the death or
disability of the mother, the householder or owner of the premises where
the birth occurred.
(c) The father, mother or guardian shall verify the facts entered on the
certificate by their signature.
(d) When a birth occurs on a moving conveyance within the United States
and the child is first removed from the conveyance in this state, the birth
shall be registered in this state and the place where the child is first
removed shall be considered the place of birth. When a birth occurs on a
moving conveyance while in international air space or in a foreign country or
its air space and the child is first removed from the conveyance in this
state, the birth shall be registered in this state, but the certificate shall
show the actual place of birth insofar as can be determined.
(e) (1) If the mother was married at the time of either conception or
birth, or between conception and birth, the name of the husband shall be
entered on the certificate as the father of the child, unless:
(i) Paternity has been determined otherwise by a court of competent
jurisdiction; or
(ii) The husband has executed an affidavit of nonpaternity attesting
that he is not the father, the mother has executed an acknowledgment
of paternity attesting that the alleged father is the father, and the
alleged father has executed an acknowledgment of paternity attesting
that he is the father. Affidavits may be joint or individual or a
combination thereof, and each signature shall be individually
notarized. In such event, the alleged father shall be shown as the
father on the certificate.
(2) If the mother was not married at the time of either conception or
birth, or between conception and birth, the name of the father shall not
be entered on the certificate without a notarized voluntary acknowledgment
of paternity.
(3) In any case in which paternity of a child is determined by a court of
competent jurisdiction, the name of the father and 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.
 
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