Sec. 10.03.01.16. Births Outside an Institution

A. An attending clinician in charge of a birth outside an institution shall:

(1) Prepare the forms required by the Secretary to register the birth; and

(2) File the forms.

B. If a birth occurs outside an institution and an attending clinician is not in charge of the birth, the local health officer or designee of the jurisdiction where the birth occurs shall:

(1) Verify the facts regarding the birth by obtaining the documentation required by §D of this regulation;

(2) Sign the birth record; and

(3) File the birth record with the Secretary.

C. If the facts regarding a birth cannot be verified by the local health officer of the jurisdiction where the birth occurs, in order for the Secretary to create a birth record, an individual listed in Health-General Article, §4-208(b), Annotated Code of Maryland, shall obtain an order from a court of competent jurisdiction that:

(1) Lists the facts about the birth; and

(2) Authorizes the Secretary to create the birth record according to the facts.

D. The following documentation shall be required to verify a birth outside an institution when an attending clinician is not in charge of the birth:

(1) A valid, unexpired, government-issued identification document for the child’s mother in the form of a:

(a) Driver’s license;

(b) State-issued photo identification card;

(c) Passport;

(d) Permanent resident card;

(e) Military identification card; or

(f) A signed statement the mother does not have any of the identification documents listed in §D(1)(a)-(e) of this regulation and two of the following documents that contain the applicant’s name and current address:

(i) Utility bill;

(ii) Car registration form;

(iii) Pay stub;

(iv) Bank statement;

(v) Income tax return;

(vi) Income tax W-2 form;

(vii) Lease or rental agreement; or

(viii) Letter from a government agency;

(2) Evidence of pregnancy in the form of:

(a) A prenatal or postnatal medical record that is consistent with the date of delivery and includes the:

(i) Mother’s name, date of birth, and date of health exam; and

(ii) Health care provider’s signature, printed name, signature date, and license number;

(b) A statement from a physician or certified nurse midwife licensed in the United States, or a direct-entry midwife licensed in Maryland, who has first-hand knowledge of the pregnancy and is willing to attest to the fact of pregnancy;

(c) Preregistration with the local health department during pregnancy, including a face-to-face interview and physical examination;

(d) Documentation of a home visit by a public health nurse or other health care provider who has first-hand knowledge of the pregnancy; or

(e) Other evidence acceptable to the Secretary;

(3) Evidence of live birth in the form of:

(a) A statement from a physician, certified nurse midwife, or other licensed health care provider who saw or examined the infant within the first 2 weeks of life;

(b) An observation of the infant during a home visit by a public health nurse or licensed health care provider during the first 2 weeks of life; or

(c) Other evidence acceptable to the Secretary; and

(4) Evidence of place of delivery in the State as follows:

(a) If the birth occurred in the mother’s place of residence, evidence of place of delivery shall be in the form of:

(i) A driver’s license or other State-issued identification document that includes the mother’s current Maryland address;

(ii) A rent receipt, mortgage statement, or deed that includes the mother’s name and Maryland address;

(iii) A recent pay stub that includes the mother’s name and Maryland address; or

(iv) Other evidence acceptable to the Secretary;

(b) If the birth occurred outside the mother’s place of residence and the mother is a resident of Maryland, evidence shall be in the form of:

(i) An affidavit from the tenant of the premises where the birth occurred stating that the mother was present on those premises at the time of the birth;

(ii) Evidence of the affiant’s residence similar to that required in §D(4)(a) of this regulation; and

(iii) Evidence of the mother’s residence in the State similar to that required in §D(4)(a) of this regulation; or

(c) If the mother is not a resident of Maryland, evidence shall consist of clear and convincing evidence acceptable to the Secretary.