Idaho State Statutes - Idaho Attorney Directory

39-257 - MARRIAGE OF NATURAL PARENTS OF PERSON BORN IN IDAHO -- JUDICIAL DETERMINATION OF PARENTAGE OF PERSON BORN IN IDAHO -- NEW BIRTH CERTIFICATES -- PROCEDURE

MARRIAGE OF NATURAL PARENTS OF PERSON BORN IN IDAHO -- JUDICIAL
DETERMINATION OF PARENTAGE OF PERSON BORN IN IDAHO -- NEW BIRTH CERTIFICATES
-- PROCEDURE. When a person born in Idaho has been legitimated by the
subsequent marriage of said person's natural parents and immediately assumes
or is assigned a name other than is shown on the recorded birth certificate,
the birth certificate of such person may be replaced by a new and conventional
certificate (prepared and filed by the state registrar), reflecting the name
so assumed or assigned, upon proper application therefor filed by such
legitimated person or the parents or one of them, but no one else. Such
application shall be in writing and shall be accompanied by a copy of the
relevant marriage certificate (if there was one issued and regardless of where
it was issued), certified by the issuer or recorder of the same, and, in any
event, an affidavit of each of the spouses, factually indicating such
parentage, the time and place of the marriage, the identity of the child
concerned and the child named in the original birth certificate and giving the
assumed or assigned name of the child, which instruments shall be filed of
record along with the old birth certificate, but separate from any replacement
issued hereunder (which shall be filed separately).
When a person born in Idaho has had said person's natural parentage
finally determined by an Idaho court, the court shall require the preparation
of a report of paternity on a form prescribed and furnished by the state
registrar. The report shall include such facts as necessary to complete the
amended birth certificate and be certified by the clerk of the court. If a
court of some other state issued a decree or report of paternity, the state
registrar may prepare and file a new and conventional birth certificate for
that person, reflecting the name(s) of the parent(s) and the child's new name,
if applicable, upon application made by that person or either or both of the
persons adjudged to be the natural parent(s), or that person's guardian, but
no one else. This application shall be accompanied by a certified copy of the
court decree in question and an affidavit of one (1) person factually
indicating that the decree involves the same person that the original birth
certificate involved. These instruments shall be filed of record along with
the old birth certificate, but separate from any replacement issued hereunder
(which shall be filed separately).
It shall be the duty of each clerk of court in the state of Idaho to file
with the state registrar certified copies of each final decree of paternity
determination made by that court within fifteen (15) days after each of such
decrees becomes final. Such certified copies of such decrees and all other
instruments mentioned in this section, except any replacement certificate, are
confidential and shall not be revealed to any person other than the
registrant, if of age, the parents or the duly appointed legal representative
of any of them, or upon court order issued in the interest of justice.

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