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<section article="ghg" article_name="Health - General" number="4-208" title_number="4" title_name="Statistics and Records" subtitle_number="2" subtitle_name="Vital Statistics and Records">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in subsection (g) of this section, 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:</text>
      <level label="i">
        <text>Prepare, on the form that the Secretary provides, a certificate of birth;</text>
      </level>
      <level label="ii">
        <text>Secure each signature that is required on the certificate;</text>
      </level>
      <level label="iii">
        <text>File the certificate; and</text>
      </level>
      <level label="iv">
        <text>If applicable, attach a copy of the order of the court establishing parentage.</text>
      </level>
    </level>
    <level label="2">
      <text>Except as provided in subsection (g) of this section, the attending physician, physician assistant, nurse practitioner, nurse midwife, or attending clinician shall provide the date of birth and medical information that are required on the certificate within 5 calendar days after the birth.</text>
    </level>
    <level label="3">
      <text>The results of the universal hearing screening of newborns shall be incorporated into the supplemental information required by the Department to be submitted as a part of the birth event.</text>
    </level>
    <level label="4">
      <text>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:</text>
      <level label="i">
        <text>Provide an opportunity for the child’s parents to complete a standardized affidavit of parentage recognizing parentage of the child on the standardized form provided by the Department of Human Services under § 5–1028 of the Family Law Article;</text>
      </level>
      <level label="ii">
        <text>Furnish to the mother written information prepared by the Child Support Administration concerning the benefits of having the parentage of the child established, including the availability of child support enforcement services; and</text>
      </level>
      <level label="iii">
        <text>Forward the completed affidavit to the Maryland Department of Health, Division of Vital Records. The Maryland Department of Health, Division of Vital Records shall make the affidavits available to the parents, guardian of the child, or a child support enforcement agency upon request.</text>
      </level>
    </level>
    <level label="5">
      <text>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.</text>
    </level>
    <level label="6">
      <text>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.</text>
    </level>
    <level label="7">
      <text>If the child’s mother was married at the time of either the conception or birth or between conception and birth, the name of the mother’s spouse shall be entered on the certificate as the child’s other parent.</text>
    </level>
    <level label="8">
      <level label="i">
        <text>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.</text>
      </level>
      <level label="ii">
        <text>In any case that involves a gestational carrier in which parentage is determined by a court of competent jurisdiction:</text>
        <level label="1">
          <text>The following shall be recorded on the forms provided by the Secretary:</text>
        </level>
        <level label="A">
          <text>An indication that the delivery of birth was by a gestational carrier;</text>
        </level>
        <level label="B">
          <text>The identity of the gestational carrier;</text>
        </level>
        <level label="C">
          <text>All relevant medical information regarding the gestational carrier and the delivery; and</text>
        </level>
        <level label="D">
          <text>Information regarding the intended parents;</text>
        </level>
        <level label="2">
          <text>An order of the court establishing parentage shall be attached to the forms provided by the Secretary; and</text>
        </level>
        <level label="3">
          <text>On receipt of the forms provided by the Secretary and the order of the court establishing parentage, the Division of Vital Records shall immediately:</text>
        </level>
        <level label="A">
          <text>Seal the forms provided by the court; and</text>
        </level>
        <level label="B">
          <text>Register the certificate of birth in accordance with the order of the court.</text>
        </level>
      </level>
    </level>
    <level label="9">
      <text>If the parent who did not give birth to the child is not named on the certificate of birth, no other information about that parent shall be entered on the certificate.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>Except as provided in subsection (g) of this section, 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:</text>
      <level label="i">
        <text>The attending individual.</text>
      </level>
      <level label="ii">
        <text>In the absence of an attending individual, either parent of the child.</text>
      </level>
      <level label="iii">
        <text>In the absence or inability of either parent, the individual in charge of the premises where the birth occurred.</text>
      </level>
    </level>
    <level label="2">
      <text>In any case that involves a gestational carrier in which parentage is determined by a court of competent jurisdiction:</text>
      <level label="i">
        <text>The person specified in regulations adopted by the Department shall record the following on the forms provided by the Secretary:</text>
        <level label="1">
          <text>An indication that the delivery of birth was by a gestational carrier;</text>
        </level>
        <level label="2">
          <text>The identity of the gestational carrier;</text>
        </level>
        <level label="3">
          <text>All relevant medical information regarding the gestational carrier and the delivery; and</text>
        </level>
        <level label="4">
          <text>Information regarding the intended parents;</text>
        </level>
      </level>
      <level label="ii">
        <text>The person specified in regulations adopted by the Department shall attach an order of the court establishing parentage to the forms provided by the Secretary; and</text>
      </level>
      <level label="iii">
        <text>On receipt of the forms provided by the Secretary and order of the court establishing parentage, the Division of Vital Records shall immediately:</text>
        <level label="1">
          <text>Seal the forms provided by the Secretary; and</text>
        </level>
        <level label="2">
          <text>Register the certificate of birth in accordance with the order of the court.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>Except as provided in subsection (g) of this section, the certificate shall be filed within 5 calendar days after the child is removed from the carrier.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Each parent shall provide his or her own Social Security number on the form provided by the Secretary under this section.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>If the parent who did not give birth to the child is not available to provide the parent’s Social Security number on the form provided under paragraph (1) of this subsection, the parent shall provide the parent’s Social Security number on a form provided by the Secretary for this purpose.</text>
      </level>
      <level label="ii">
        <text>The form provided under this paragraph shall:</text>
        <level label="1">
          <text>State that the form is for the purpose of providing the Social Security numbers of parents, to be included on the portion of the form that remains in the official birth record;</text>
        </level>
        <level label="2">
          <text>Contain a specific reference to this subtitle; and</text>
        </level>
        <level label="3">
          <text>State that the parent’s Social Security number shall be provided under penalty of perjury.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>The Social Security number as provided by each parent shall be recorded on the portion of the form provided by the Secretary which remains in the official birth record.</text>
    </level>
    <level label="4">
      <text>The Social Security numbers of the parents may not appear on the portion of the birth certificate issued as proof of birth.</text>
    </level>
    <level label="5">
      <level label="i">
        <text>The Secretary shall permit disclosure of the Social Security numbers of the parents only to the Child Support Administration of the Department of Human Services.</text>
      </level>
      <level label="ii">
        <text>The Child Support Administration may use the Social Security numbers of the parents to:</text>
        <level label="1">
          <text>Locate a parent;</text>
        </level>
        <level label="2">
          <text>Establish parentage; and</text>
        </level>
        <level label="3">
          <text>Establish and enforce a child support order under Title 10, Subtitle 1 of the Family Law Article.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="f">
    <text>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:</text>
    <level label="1">
      <text>Upon adjudication of parentage, the court shall order the parent to provide the parent’s Social Security number to the clerk of court; and</text>
    </level>
    <level label="2">
      <text>The clerk of court shall send the parent’s Social Security number to the Secretary, as provided under § 4–211(f) of this subtitle.</text>
    </level>
  </level>
  <level label="g">
    <text>A certificate of birth may be filed within 10 days after the birth occurred if a parent of the child notifies the person required to file the certificate of birth on a form provided by the Secretary as soon as practicable after birth, but not later than 5 days after the birth occurs.</text>
  </level>
</section>
