65-2409a. Certificate of birth; requirements; filing; fee for certificate of live birth; parent's social security number.

65-2409a

Chapter 65.--PUBLIC HEALTH
Article 24.--UNIFORM VITAL STATISTICS ACT

      65-2409a.   Certificate of birth; requirements; filing; fee forcertificate of live birth; parent's social security number.(a) A certificate of birth for each live birth which occurs in this stateshall be filed with the state registrar within five days after such birthand shall be registered by suchregistrar if such certificate has been completed and filed in accordancewith this section. If a birth occurs on a moving conveyance, a birthcertificate shall indicate as the place of birth the location where thechild was first removed from the conveyance.

      (b)   When a birth occurs in an institution, the person in charge of theinstitution or the person's designated representative shall obtain thepersonal data, prepare the certificate, secure the signatures required bythe certificate and file such certificate with thestate registrar. The physician inattendance or, in the absence of the physician, the person in charge of theinstitution or that person's designated representative shall certify to thefacts of birth and provide the medicalinformation required by the certificate within five days after the birth.When a birth occurs outside an institution, the certificate shall beprepared and filed by one of the following in the indicated order ofpriority: (1) The physician in attendance at or immediately after thebirth, or in the absence of such a person; (2) any other person inattendance at or immediately after the birth, or in the absence of such aperson; or (3) the father, the mother or, in the absence of the father andthe inability of the mother, the person in charge of the premises where thebirth occurred.

      (c)   If the mother was married at the time of either conception or birth,or at any time between conception and birth, the name of the husbandshall be entered on the certificate as the father ofthe child unless paternity has been determined otherwise by a court ofcompetent jurisdiction, in which case the name of the father as determinedby the court shall be entered. If the mother was not married either at thetime of conception or of birth, or at any time between conception andbirth, the name of the father shall not be enteredon the certificate of birth without the written consent of the mother andof the person to be named as the father on a form provided by the stateregistrar pursuant to K.S.A. 38-1138 unless a determination ofpaternityhas been made by a court of competent jurisdiction, in which case the nameof the father as determined by the court shall be entered.

      (d)   One of the parents of any child shall sign the certificate of live birthto attest to the accuracy of the personal data entered thereon, in time topermit its filing within the five days prescribed above.

      (e)   Except as otherwise provided by this subsection, a fee of $4 shallbe paid for each certificate of live birth filed with the state registrar.Such fee shall be paid by the parent or parents of the child. If a birthoccurs in an institution, the person in charge of the institution or theperson's designated representative shall be responsible for collecting thefee and shall remit such fee to the secretary of health andenvironment not laterthan the 15th day following the end of the calendar quarter during whichthe birth occurred. If a birth occurs other than in an institution, theperson completing the birth certificate shall be responsible for collectingthe fee and shall remit such fee to the secretary of health and environmentnot later than the 15th day of the month following the birth.

      The fee provided for by this subsection shall not be required to be paidif the parent or parents of the child are at the time of the birthreceiving assistance, as defined by K.S.A. 39-702 and amendments thereto,from the secretary of social and rehabilitation services.

      (f)   Except as provided in this subsection, when a certificate of birthis filed pursuant to this act, each parent shall furnish the socialsecurity number or numbers issued to the parent. Social security numbersfurnished pursuant to this subsection shall not be recorded on the birthcertificate. A parent shall not be required to furnish such person'ssocial security number pursuant to this subsection if no social securitynumber has been issued to the parent; the social security number isunknown; or the secretary determines that good cause, as defined in federalregulations promulgated pursuant to title IV-D of the federal socialsecurity act, exists for not requiring the social security number. Nothingin this subsection shall delay the filing or issuance of the birthcertificate.

      History:   L. 1951, ch. 355, § 9;L. 1963, ch. 319, § 3;L. 1984, ch. 233, § 1;L. 1990, ch. 227, § 2;L. 1994, ch. 29, § 1; L. 1994, ch. 292, § 14; July 1.