Louisiana Revised Statutes 40:45 – Preparation of birth certificates; by whom made
Terms Used In Louisiana Revised Statutes 40:45
- File: means the presentation of a vital record provided for in this Chapter for registration by the vital records registry. See Louisiana Revised Statutes 40:32
- Institution: means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law. See Louisiana Revised Statutes 40:32
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Physician: means a person authorized under the laws of this state to practice medicine. See Louisiana Revised Statutes 40:32
- Vital records registry: means a central registry as provided for in Louisiana Revised Statutes 40:32
A. When a birth occurs in a hospital where prior arrangements for delivery had been made or in route thereto, the person in charge of the institution or his or her designated representative shall obtain, or make a reasonable effort, as defined in La. Rev. Stat. 40:44, to obtain the personal data, prepare the certificate, secure, or make a reasonable effort, as defined in La. Rev. Stat. 40:44, to secure the signatures required, and file the certificate as directed in La. Rev. Stat. 40:44. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within seven days after the birth. If the physician, or other person in attendance, does not certify to the facts of birth within the seven day period, the person in charge of the hospital shall complete and sign the certificate.
B. For births occurring outside of hospitals, the certificate shall be prepared and filed by the physician, midwife, or other person in attendance at the birth, or, if not so attended, by one of the parents who shall file it with the local registrar. If neither of the parents of the newborn child, unattended by either physician or midwife, is able to prepare a birth certificate, the local registrar shall secure the necessary information from either of them or from any person having direct knowledge of the birth and prepare and file the certificate in accordance with duly promulgated regulation as provided in La. Rev. Stat. 40:33(C).
C. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance 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. Such registration shall further comply with duly promulgated regulation as provided in La. Rev. Stat. 40:33(C).
D. Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within five days to the vital records registry the following information:
(1) The date and place of finding.
(2) The sex, race, and approximate birth date of child.
(3) The name and address of the person or institution with whom the child has been placed for care.
(4) The name given to the child by the custodian of the child; or
(5) The other data required by the state registrar through regulations.
E. The place where the child was found shall be entered as the place of birth.
F. A report registered under this Section shall constitute the certificate of birth for the child.
G. If the child is identified and a certificate of birth is later found or obtained, the report registered under this Section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation.
Acts 1979, No. 776, §1; Acts 1986, No. 876, §1; Acts 1991, No. 820, §1.