Oregon Statutes 432.245 – Replacing records of live birth; restoring records of live birth
(1) For a person born in this state, the State Registrar of the Center for Health Statistics shall amend a record of live birth and establish a replacement for the record of live birth if the state registrar receives one of the following:
Terms Used In Oregon Statutes 432.245
- Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Court of competent jurisdiction: means a court within the United States with jurisdiction over a person subject to regulation under this chapter. See Oregon Statutes 432.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
- Record of foreign live birth: means a document registered by the state registrar for a person born in a foreign country who may or may not be a citizen of the United States and who was adopted under the laws of this state. See Oregon Statutes 432.005
- Report: means a document, whether in paper or electronic format, containing information related to a vital event submitted by a person required to submit the information to the state registrar for the purpose of registering a vital event. See Oregon Statutes 432.005
- State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) A report of adoption as provided in ORS § 432.223 or a certified copy of the judgment of adoption from a court of competent jurisdiction, with the information necessary to identify the original record of live birth and to establish a replacement for the record of live birth, unless the court ordering the adoption requests that a replacement for the record of live birth not be established;
(b) A request that a replacement for the record of live birth be prepared to establish parentage, as prescribed by the state registrar by rule, or as ordered by a court of competent jurisdiction that has determined the parentage or biological paternity of a person;
(c) A written and notarized request that a replacement for the record of live birth be prepared to establish parentage, if the request includes an acknowledgment of paternity signed by both biological parents;
(d) A certified copy of a judgment from a court of competent jurisdiction changing a person’s sex and, if applicable, name; or
(e) A request approved by the state registrar under ORS § 432.235 (3)(b)(B).
(2) To change a person’s name under subsection (1) of this section, the request or court order must include both the name that appears on the record of live birth at the time of the request and the name to be designated on the replacement for the record of live birth. The designated name of the person must appear on the replacement for the record of live birth.
(3) Upon receipt of a certified copy of a court order to change the name of a person born in this state as authorized by 18 U.S.C. § 3521 et seq., the state registrar shall create a replacement for the record of live birth to show the new information as specified in the court order.
(4) When a replacement for a record of live birth is prepared, the city, county and date of live birth must be included in the replacement for the record of live birth. The replacement for the record of live birth must be substituted for the original record of live birth. The original record of live birth and all evidence submitted with the request or court order for the replacement for the record of live birth must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.
(5) Upon receipt of an amended judgment of adoption, the record of live birth shall be amended by the state registrar as provided by the state registrar by rule.
(6) Upon receipt of a report of annulment of adoption or a court order annulling an adoption, the original record of live birth must be restored. The replacement for the record of live birth is not subject to inspection, except upon the order of a court of competent jurisdiction in this state or as provided by rule of the state registrar.
(7) The state registrar shall prepare and register a record of foreign live birth for a person born in a foreign country who is not a citizen of the United States and for whom a judgment of adoption was issued by a court of competent jurisdiction in this state if the court, the parents adopting the child or the adopted person, if the adopted person is 18 years of age or older, requests the record. The record must be labeled ‘Record of Foreign Live Birth’ and shall show the actual country of live birth. After registering the record of foreign live birth in the new name of the adopted person, the record must be placed under seal and is not subject to inspection, except upon the order of a court of competent jurisdiction or as provided by rule of the state registrar.
(8) If there is no record of live birth for a person for whom a replacement for the record of live birth is sought under this section, and if the court order indicates a date of live birth more than one year from the date submitted to the Center for Health Statistics, the replacement for the record of live birth must be created as a delayed record of live birth.
(9) A replacement for the record of live birth may not be created under this section if the date and place of live birth have not been indicated in the court order. [Formerly 432.230; 2017 c.100 § 2]