OAR 333-011-0220: Registering Live Births that Occur Outside of a Facility and Without a Licensed Attendant within One Year of the Date of Birth

When a birth occurs outside a licensed health care facility, the birth attendant is not an attendant described in OAR 333-011-0215 and a report of live birth has not been submitted to the state registrar, the mother, the father if the father’s relationship to the child is legally established, the legal guardian, or a state agency with physical custody shall fill out a form prescribed by the state registrar to report the live birth and provide additional evidence to the state register if the birth occurred within one year of the report being submitted to the Center for Health Statistics. (1) The individual submitting the report of live birth must also submit evidence to establish the following facts: (a) The mother was pregnant at the time relevant to the birth. If the birth cannot be confirmed through other public health sources, the parents must submit additional documents that support the birth of the child in Oregon. Evidence of the pregnancy can include but is not limited to: (A) Prenatal record or a statement from a physician or other health care provider qualified to determine pregnancy who examined the mother during the pregnancy; or (B) Chart notes from a home visit by a public health nurse or other health care provider that include observation of the pregnancy. (b) A live birth resulted from the pregnancy. Evidence that the infant was born alive can include but is not limited to: (A) A statement from a physician, naturopathic doctor, nurse practitioner, or registered nurse who saw or examined the infant within three months of the birth; or (B) Chart notes of an observation of the infant during a home visit by a public health nurse within three months of the birth; or (C) Presentation of the child at the state or county vital records office. (c) The mother was present in Oregon at the time of birth. Evidence of the mother's presence in this state within 30 days of the date of the live birth and inclusive of the date of birth can include but is not limited to: (A) A rent receipt that includes the mother's name and address; or (B) A utility, telephone, or other bill that includes the mother's name and address. (d) Information on the identity of the mother and information on the identity of the father if the father is to be listed on the record of live birth. Evidence of the identity of the mother or the father shall include: (A) An official identification document from a government agency that includes a photograph of the mother or of the father; and (B) A certified copy of the mother’s or father’s birth record; or (C) Other official documents acceptable to the state registrar. (2) If a parent’s current legal name does not match the name on his or her birth record, evidence of the legal name change through court order, marriage or other legal process must be provided. (3) If the father is listed on the record of live birth because the mother and father are married, a certified copy of a marriage record for the mother and the father must be submitted. (4) After the application is received and evidence has been submitted, the state registrar shall review the documents and application, and verify any documentation at the state registrar’s discretion. (5) The state registrar shall determine if a previously registered record of live birth exists for the registrant. If no previously registered record is identified and the submitted application and evidence appear valid, the record may be registered. (6) Reports of live birth filed within one year from the date of birth shall not be marked "Delayed."