Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

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34-25-9.1. Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1)The physician in attendance at or immediately after the birth, or in the absence of such a person;

(2)Any other person in attendance at or immediately after the birth, or in the absence of such a person;

(3)The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.

The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.

Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.

Source: SDC 1939, §27.0207; SL 1945, ch 104; SL 1947, ch 121, §1; SDCL §34-25-9; SL 1972, ch 194, §9; SL 1997, ch 205, §2; SL 2019, ch 153, §1.


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