AB 1951, as amended, Gomez. Vital records: birth certificates.
Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Under existing law, a certificate of live birth is required to contain, among other things, the full name, birthplace, and date of birth of both the father and mother of a child, except as provided.
Existing law provides for the Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.
This bill would instead require the State Registrar, with regard to identification of the parents, to modify the certificate of live birth to contain 2 lines that both read “Name of Parent” and contain, next to each parent’s name, 3 check boxes with the options of mother, father, and parent to describe the parent’s relationship to the child.begin delete The bill would require the State Registrar to submit a report to
the Legislature regarding the modification within 30 days of the action.end delete The bill would also require that all local registrars, deputy registrars, and subregistrars use the modified certificate of live birth, update all forms to incorporate the modification, and discard all forms in use before the modification. The bill would make conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 102425 of the Health and Safety Code
2 is amended to read:
(a) The certificate of live birth for any live birth
4occurring on or after January 1, 1980, shall contain those items
5necessary to establish the fact of the birth and shall contain only
6the following information:
7(1) Full name and sex of the child.
8(2) Date of birth, including month, day, hour, and year.
9(3) Place of birth.
10(4) Full name, birthplace, and date of birth of
each parent,
11including month, day, and year, and the relationship of the parent
12to the child.
13(A) The full name of the mother shall be the birth name of the
14mother.
15(B) If the parents are not married to each other, the father’s
16name shall not be listed on the birth certificate unless the father
17and the mother sign a voluntary declaration of paternity at the
18hospital before the birth certificate is prepared. The birth certificate
19may be amended to add the father’s name at a later date only if
20paternity for the child has been established by a judgment of a
21court of competent jurisdiction or by the filing of a voluntary
22declaration of paternity.
23(5) Multiple births and birth order of multiple births.
24(6) Signature, and relationship to the child, of a parent or other
25informant, and date signed.
P3 1(7) Name, title, and mailing address of the attending physician
2and surgeon or principal attendant, signature, and certification of
3live birth by the attending physician and surgeon or principal
4attendant or certifier, date signed, and name and title of the certifier
5if other than the attending physician and surgeon or principal
6attendant.
7(8) Date accepted for registration and signature of local registrar.
8(9) A state birth certificate number and local registration district
9and number.
10(10) A blank space
for entry of the date of death with a caption
11reading “Date of Death.”
12(b) In addition to the items listed in subdivision (a), the
13certificate of live birth shall contain the following medical and
14social information, provided that the information is kept
15confidential pursuant to Sections 102430 and 102447 and is clearly
16labeled “Confidential Information for Public Health Use Only”:
17(1) Birth weight.
18(2) Pregnancy history.
19(3) Race and ethnicity of each parent.
20(4) Residence address of the birth mother.
21(5) A blank space for entry of
census tract for the birth mother’s
22address.
23(6) Date of first prenatal care visit, the number of prenatal care
24visits, and commencing January 1, 2007, the date of last prenatal
25care visit.
26(7) Date of last normal menses and, commencing January 1,
272007, an obstetric estimate of completed weeks of gestation at
28delivery.
29(8) Description of complications and procedures of pregnancy
30and concurrent illnesses, congenital malformation, and any
31complication or procedure of labor and delivery, including surgery,
32provided that this information is essential medical information and
33appears in total on the face of the certificate.
34(9) Commencing January 1, 2007, hearing screen results.
35(10) Each parent’s occupations and kind of business or industry.
36(11) Education level of each parent.
37(12) Principal source of payment for prenatal care, which shall
38include the following: Medi-Cal, private insurance, self-pay, other
39sources, and any other categories as may be determined by the
40State Department of Public Health.
P4 1(13) Expected principal source of payment for delivery, which
2shall include the following: Medi-Cal, private insurance, self-pay,
3other sources, and any other categories as may be determined by
4the State Department of Public Health.
5(14) An
indication of whether or not the child’s parent desires
6the automatic issuance of a social security number to the child.
7(15) On and after January 1, 1995, the social security numbers
8of each parent, unless subdivision (b) of Section 102150 applies.
9(c) Paragraph (8) of subdivision (b) shall be completed by the
10attending physician and surgeon or the attending physician and
11surgeon’s designated representative. The names and addresses of
12children born with congenital malformations who require followup
13treatment, as determined by the child’s physician and surgeon,
14shall be furnished by the physician and surgeon to the local health
15officer, if permission is granted by either parent of the child.
16(d) The parent shall only
be asked to sign the form after both
17the public portion and the confidential medical and social
18information items have been entered upon the certificate of live
19birth.
20(e) (1) The State Registrar shall instruct all local registrars to
21collect the information specified in this section with respect to
22certificates of live birth. The information shall be transcribed on
23the certificate of live birth in use at the time and shall be limited
24to the information specified in this section.
25(2) Information relating to concurrent illnesses, complications
26and procedures of pregnancy and delivery, and congenital
27malformations shall be completed by the physician and surgeon,
28or the physician and surgeon’s designee, who shall insert in the
29space provided on the confidential
portion of the certificate the
30
appropriate number or numbers listed on the VS-10A supplemental
31worksheet. The VS-10A supplemental form shall be used as a
32worksheet only and shall not in any manner be linked with the
33identity of the child or the birth mother, nor submitted with the
34certificate to the State Registrar. All information transferred from
35the worksheet to the certificate shall be fully explained to the parent
36or other informant prior to the signing of the certificate. Questions
37relating to drug or alcohol abuse shall not be asked.
38(f) (1) The Vital Statistics Advisory Committee, in accordance
39with Section 102465, shall conduct a review of the contents of the
40certificate of live birth to coincide with decennial revisions by the
P5 1National Center for Health Statistics to the United States Standard
2Certificate of Live Birth. The
Vital Statistics Advisory Committee
3shall make recommendations to the State Registrar regarding the
4adoption of modifications to the state certificate of live birth that
5are similar to those made to the federal certificate.
6(2) Notwithstanding Section 102470, the State Registrar shall
7review the Vital Statistics Advisory Committee recommendations
8and, at the State Registrar’s discretion, shall submit to the
9Legislature, for approval, additions or deletions to the certificate
10of live birth.
Section 102425.1 is added to the Health and Safety
12Code, to read:
(a) Notwithstanding Sections 102465 and 102470,
14the State Registrar of Vital Statistics, with regard to identification
15of the parents, shall modify the certificate of live birth to do both
16of the following:
17(1) Contain two lines that both read “Name of Parent.”
18(2) Contain, next to each parent’s name, three checkboxes to
19choose from with the following options to describe the parent’s
20relationship to the child:
21(A) Mother.
22(B) Father.
23(C) Parent.
24(b) Notwithstanding Section 102470, the State Registrar shall
25submit a report to the Legislature regarding the modification within
2630 days of the action.
27(c) A report to be submitted pursuant to subdivision (b) shall
28be submitted in compliance with Section 9795 of the Government
29Code.
20 30(d)
end delete
31begin insert(b)end insert (1) The certificate of live birth, as described in subdivision
32(a), shall be used by all local registrars, deputy registrars, and
33subregistrars.
34(2) The local registrars, deputy registrars, and subregistrars shall
35update all forms to incorporate the modification and discard all
36forms in use before the modification described in subdivision (a).
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