§ 4-208. Birth registration procedures
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2021
Effective: October 1, 2021
MD Code, Health - General, § 4-208
§ 4-208. Birth registration procedures
(a) In this section, “gestational carrier” means a woman other than an intended parent or gamete donor who agrees to become pregnant for an intended parent with the intention of gestating and delivering the child of the intended parent.
(b)(1) Within 5 calendar days after a birth occurs in an institution, or en route to the institution, or outside an institution with an attending clinician, the administrative head of the institution or a designee of the administrative head, or the attending clinician or a designee of the attending clinician, shall:
(4) When an individual who is not married gives birth to a child in an institution or outside an institution with an attending clinician, the administrative head of the institution or the designee of the administrative head, or the attending clinician or the designee of the attending clinician, shall:
(5) An institution, the administrative head of the institution, the designee of the administrative head of an institution, an employee of an institution, the attending clinician, and the designee of the attending clinician may not be held liable in any cause of action arising out of the establishment of parentage.
(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 child's other parent may not be entered on the certificate without an affidavit of parentage 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 other parent.
(8)(i) In any case that does not involve a gestational carrier in which parentage of a child is determined by a court of competent jurisdiction, the name of the parent who did not give birth to the child and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court.
(c)(1) Within 5 calendar days after a birth occurs outside an institution without an attending clinician, 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:
(d)(1) 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.
(2) 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)(1) Each parent shall provide his or her own Social Security number on the form provided by the Secretary under this section.
(f) If, under subsection (e)(1) of this section, the Social Security number of the parent who did not give birth to the child is not entered on the form provided by the Secretary:
Credits
Added by Acts 1982, c. 21, § 2, eff. July 1, 1982. Amended by Acts 1988, c. 464, § 1, eff. July 1, 1988; Acts 1991, c. 36, § 1, eff. April 9, 1991; Acts 1993, c. 197, § 1, eff. Oct. 1, 1993; Acts 1994, c. 113, § 2, eff. Oct. 1, 1994; Acts 1995, c. 84, § 1, eff. Oct. 1, 1995; Acts 1999, c. 127, § 2, eff. July 1, 2000; Acts 1999, c. 128, § 2, eff. July 1, 2000; Acts 2008, c. 232, § 1, eff. Oct. 1, 2008; Acts 2008, c. 233, § 1, eff. Oct. 1, 2008; Acts 2009, c. 60, § 5, eff. April 14, 2009; Acts 2013, c. 273, § 1, eff. Oct. 1, 2013; Acts 2013, c. 274, § 1, eff. Oct. 1, 2013; Acts 2014, c. 31, § 1, eff. July 1, 2014; Acts 2017, c. 11, § 1, eff. April 4, 2017; Acts 2017, c. 62, § 6; Acts 2019, c. 437, § 1, eff. June 1, 2019; Acts 2019, c. 438, § 1, eff. June 1, 2019; Acts 2021, c. 709, § §1, eff. Oct. 1, 2021; Acts 2021, c. 710, § 1, eff. Oct. 1, 2021.
Formerly Art. 43, § 17.
MD Code, Health - General, § 4-208, MD HEALTH GEN § 4-208
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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