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Minnesota Legislature

Office of the Revisor of Statutes

144.215 BIRTH REGISTRATION.
    Subdivision 1. When and where to file. A record of birth for each live birth which occurs in
this state shall be filed with the state registrar within five days after the birth.
    Subd. 2. Rules governing birth registration. The commissioner shall establish by rule an
orderly mechanism for the registration of births including at least a designation for who must file
the birth record, a procedure for registering births which occur in moving conveyances, and a
provision governing the names of the parent or parents to be entered on the birth record.
    Subd. 3. Father's name; child's name. In any case in which paternity of a child is
determined by a court of competent jurisdiction, a declaration of parentage is executed under
section 257.34, or a recognition of parentage is executed under section 257.75, the name of the
father shall be entered on the birth record. If the order of the court declares the name of the child,
it shall also be entered on the birth record. If the order of the court does not declare the name of
the child, or there is no court order, then upon the request of both parents in writing, the surname
of the child shall be defined by both parents.
    Subd. 4. Social Security number registration. (a) Parents of a child born within this state
shall give the parents' Social Security numbers to the Office of the State Registrar at the time of
filing the birth record, but the numbers shall not appear on the record.
(b) The Social Security numbers are classified as private data, as defined in section 13.02,
subdivision 12
, on individuals, but the Office of the State Registrar shall provide a Social
Security number to the public authority responsible for child support services upon request by
the public authority for use in the establishment of parentage and the enforcement of child
support obligations.
    Subd. 5. Births occurring in an institution. When a birth occurs in an institution or en route
to an institution, the person in charge of the institution or that person's authorized designee shall
obtain the personal data required under this section and shall prepare the record of birth. For
purposes of this section, "institution" means a hospital or other facility that provides childbirth
services.
    Subd. 6. Births occurring outside an institution. When a birth occurs outside of an
institution as defined in subdivision 5, the record of birth shall be filed by one of the following
persons, in the indicated order of preference:
(1) the physician present at the time of the birth or immediately thereafter;
(2) in the absence of a physician, a person, other than the mother, present at the time of
the birth or immediately thereafter;
(3) the father of the child;
(4) the mother of the child; or
(5) in the absence of the father and if the mother is unable, the person with primary
responsibility for the premises where the child was born.
    Subd. 7. Evidence required to register a noninstitution birth within the first year of
birth. When a birth occurs in this state outside of an institution, as defined in subdivision 5, and
the birth record is filed before the first birthday, evidence in support of the facts of birth shall be
required. Evidence shall be presented by the individual responsible for filing the vital record under
subdivision 6. Evidence shall consist of proof that the child was born alive, proof of pregnancy,
and evidence of the mother's presence in this state on the date of the birth. If the evidence is not
acceptable, the state registrar shall advise the applicant of the reason for not filing a birth record
and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
History: 1978 c 699 s 5; 1980 c 589 s 28; 1Sp1993 c 1 art 6 s 1,2; 1997 c 205 s 20; 1997 c
228 s 6-8; 1Sp2001 c 9 art 15 s 11-15,32; 2002 c 379 art 1 s 113