(a) (1) Within 72 hours after a birth occurs in an institution, or en route to
the institution, the administrative head of the institution or a
designee of the administrative head shall:
(i) Prepare, on the form that the Secretary provides, a certificate of
birth;
(ii) Secure each signature that is required on the certificate; and
(iii) File the certificate.
(2) The attending physician shall provide the date of birth and medical
information that are required on the certificate within 72 hours after
the birth.
(3) The results of the universal hearing screening of newborns shall be
incorporated into the supplemental information required by the
Department to be submitted as a part of the birth event.
(4) Upon the birth of a child to an unmarried woman in an institution, the
administrative head of the institution or the designee of the
administrative head shall:
(i) Provide an opportunity for the child's mother and the father to
complete a standardized affidavit of parentage recognizing parentage of
the child on the standardized form provided by the Department of Human
Resources under § 5-1028 of the Family Law Article;
(ii) Furnish to the mother written information prepared by the Child Support
Enforcement Administration concerning the benefits of having the
paternity of her child established, including the availability of child
support enforcement services; and
(iii) Forward the completed affidavit to the Department of Health and Mental
Hygiene, Division of Vital Records. The Department of Health and Mental
Hygiene, Division of Vital Records shall make the affidavits available
to the parents, guardian of the child, or a child support enforcement
agency upon request.
(5) An institution, the administrative head of the institution, the
designee of the administrative head of an institution, and an employee
of an institution may not be held liable in any cause of action arising
out of the establishment of paternity.
(6) If the child's mother was not married at the time of either conception
or birth or between conception and birth, the name of the father may
not be entered on the certificate without an affidavit of paternity as
authorized by § 5-1028 of the Family Law Article signed by the mother
and the person to be named on the certificate as the father.
(7) 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.
(8) If the father is not named on the certificate of birth, no other
information about the father shall be entered on the certificate.
(b) Within 72 hours after a birth occurs outside an institution, the birth
shall be verified by the Secretary and a certificate of birth shall be
prepared, on the form that the Secretary provides, and filed by one of
the following, in the indicated order of priority:
(1) The attending individual.
(2) In the absence of an attending individual, the father or mother.
(3) In the absence of the father and the inability of the mother, the
individual in charge of the premises where the birth occurred.
(c) When a birth occurs on a common carrier within the United States and
the child is first removed from the carrier 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.
(d) When a birth occurs on a common carrier while in international waters,
air space, or in a foreign country and the child is first removed from
the carrier 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) The certificate shall be filed within 72 hours after the child is
removed from the carrier.
(f) (1) Each parent shall provide his or her own Social Security number on the
form provided by the Secretary under this section.
(2) (i) If the father is not available to provide his Social Security number on
the form provided under paragraph (1) of this subsection, the father
shall provide his Social Security number on a form provided by the
Secretary for this purpose.
(ii) The form provided under this paragraph shall:
1. State that the form is for the purpose of providing the Social Security
numbers of parents, to be included on the portion of the form that
remains in the official birth record;
2. Contain a specific reference to this subtitle; and
3. State that the father's Social Security number shall be provided under
penalty of perjury.
(3) The Social Security number as provided by each parent shall be recorded
on the portion of the form provided by the Secretary which remains in
the official birth record.
(4) The Social Security numbers of the parents may not appear on the
portion of the birth certificate issued as proof of birth.
(5) (i) The Secretary shall permit disclosure of the Social Security numbers of
the parents only to the Child Support Enforcement Administration of the
Department of Human Resources.
(ii) The Child Support Enforcement Administration may use the Social
Security numbers of the parents to:
1. Locate a parent;
2. Establish paternity; and
3. Establish and enforce a child support order under Title 10, Subtitle 1
of the Family Law Article.
(g) If, under subsection (d)(1) of this section, the father's Social
Security number is not entered on the form provided by the Secretary:
(1) Upon adjudication of paternity, the court shall order the father to
provide his Social Security number to the clerk of court; and
(2) The clerk of court shall send the father's Social Security number to
the Secretary, as provided under § 4-211(f) of this subtitle.
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