Issuance of New Certificate of Birth Following Adoption and Legitimation or Paternity Determination

  1. Law
  2. Georgia Code
  3. Health
  4. Vital Records
  5. Issuance of New Certificate of Birth Following Adoption and Legitimation or Paternity Determination

Checkout our iOS App for a better way to browser and research.

  1. The state registrar shall establish a new certificate of birth for a person born in this state when the state registrar receives the following:
    1. A report of adoption as provided in Code Section 31-10-13 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. A new certificate of birth shall not be established if the court decreeing the adoption directs that a new birth certificate not be issued;
    2. A certified copy of an order of legitimation, annulment of legitimation, or amendment of an order of legitimation as provided in Code Section 31-10-13.1 that requires the establishment of a new certificate of birth;
    3. A certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity as provided in Code Section 31-10-13.2 that requires the establishment of a new certificate of birth; or
    4. A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that both parents married to each other have acknowledged the paternity of such person and request that the surname be changed to that of the father.
  2. When a new certificate of birth is established pursuant to this Code section for a person born in this state, the date of birth contained on the original certificate shall be shown. The true place of birth shall be shown if the adoptee is the natural child of the spouse of the adoptive parent in the case of step-parent adoptions. The true place of birth shall be shown for all legitimations. For full adoptions, where neither parent is the natural parent of the adoptee, the place of birth shall be, at the election of the adoptive parents, either the true place of birth of the adoptee or the residence of the adoptive parents at the time of the adoptee's birth. The place of birth indicated must be located in Georgia.
  3. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.
  4. Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
  5. If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this Code section and the date and place of birth have not been determined in the adoption, legitimation, or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in Code Section 31-10-11 or 31-10-12 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
  6. When a new certificate of birth is established by the state registrar, the original birth certificate shall not be subject to inspection except as provided in this Code section. All copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection and forwarded to the state registrar, as the state registrar shall direct.
  7. The new certificate shall be substituted for the original certificate of birth in the files and the original certificate of birth and the evidence of adoption, legitimation, or paternity determination shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by statute.

(Ga. L. 1945, p. 236, § 25; Code 1933, § 88-1714, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1965, p. 546, § 1; Code 1981, §31-10-34; Ga. L. 1982, p. 723, § 1; Code 1981, §31-10-14, enacted by Ga. L. 1982, p. 723, § 2; Ga. L. 1991, p. 94, § 31; Ga. L. 1992, p. 2410, § 2; Ga. L. 2003, p. 503, § 10; Ga. L. 2004, p. 915, § 3.)

Cross references.

- Legitimation generally, § 19-7-20 et seq.

Determination of paternity generally, § 19-7-40 et seq.

Amendments of certificates or reports, § 31-10-23.

JUDICIAL DECISIONS

Department to be made party to proceedings for alteration of birth certificate.

- Alteration of birth certificate as regards paternity is obtained by Department of Public Health (now Department of Human Resources) which should be made a party to such proceedings. This is true even if the petition is construed as an action to have the superior court determine the party's paternity. Ward v. Ward, 115 Ga. App. 778, 156 S.E.2d 210 (1967).

RESEARCH REFERENCES

C.J.S.

- 39A C.J.S., Health and Environment, §§ 69, 70.


Download our app to see the most-to-date content.