ORS 432.088
Mandatory submission and registration of reports of live birth

  • persons required to report
  • rules

(1)

A report of live birth for each live birth that occurs in this state shall be submitted to the Center for Health Statistics, or as otherwise directed by the State Registrar of the Center for Health Statistics, within five calendar days after the live birth and shall be registered if the report has been completed and filed in accordance with this section.

(2)

The physician, institution or other person providing prenatal care related to a live birth shall provide prenatal care information as required by the state registrar by rule to the institution where the delivery is expected to occur not less than 30 calendar days prior to the expected delivery date.

(3)

When a live birth occurs in an institution or en route to an institution, the person in charge of the institution or an authorized designee shall obtain all data required by the state registrar, prepare the report of live birth, certify either by signature or electronic signature that the child was born alive at the place and time and on the date stated and submit the report as described in subsection (1) of this section.

(4)

In obtaining the information required for the report of live birth, an institution shall use information gathering procedures provided or approved by the state registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other sources, provided that the procedures are reviewed and approved by the state registrar prior to the implementation of the procedures to ensure that the information being transferred is the same as the information being requested.

(5)

Intentionally left blank —Ed.

(a)

When a live birth occurs outside an institution, the information for the report of live birth shall be submitted within five calendar days of the live birth in a format adopted by the state registrar by rule in the following order of priority:

(A)

By an institution where the birth mother and child are examined, if examination occurs within 24 hours of the live birth;

(B)

By a physician in attendance at the live birth;

(C)

By a direct entry midwife licensed under ORS 687.405 (“Direct entry midwifery” defined) to 687.495 (Collection of data on birth and fetal death outcomes) in attendance at the live birth;

(D)

By a person not described in subparagraphs (A) to (C) of this paragraph and not required by law to be licensed to practice midwifery who is registered with the Center for Health Statistics to submit reports of live birth and who was in attendance at the live birth; or

(E)

By the father, the birth mother, any other parent or, in the absence or inability of any parent, the person in charge of the premises where the live birth occurred.

(b)

The state registrar may establish by rule the manner of submitting the information for the report of live birth by a person described in paragraph (a)(D) of this subsection or a physician or licensed direct entry midwife who attends the birth of his or her own child, grandchild, niece or nephew.

(6)

When a report of live birth is submitted that does not include the minimum acceptable documentation required by this section or any rules adopted under this section, or when the state registrar has cause to question the validity or adequacy of the documentation, the state registrar, in the state registrar’s discretion, may refuse to register the live birth and shall enter an order to that effect stating the reasons for the action. The state registrar shall advise the applicant of the right to appeal under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(7)

When a live birth occurs on a moving conveyance:

(a)

Within the United States and the child is first removed from the conveyance in this state, the live birth shall be registered in this state and the place where it is first removed shall be considered the place of live birth.

(b)

While in international waters or airspace or in a foreign country or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the report of live birth shall show the actual place of birth insofar as can be determined.

(8)

For purposes of making a report of live birth and live birth registration, the woman who gives live birth is the birth mother. If a court of competent jurisdiction determines that a woman other than the birth mother is the biological or genetic mother, the court may order the state registrar to amend the record of live birth. The record of live birth shall then be placed under seal.

(9)

Intentionally left blank —Ed.

(a)

If the birth mother is married at the time of either conception or live birth, or within 300 days before the live birth, the name of the mother’s spouse in a marriage shall be entered on the report of live birth as a parent of the child unless parentage has been determined otherwise by a court of competent jurisdiction.

(b)

If the birth mother is not married at the time of either conception or live birth, or within 300 days before the live birth, the name of the other parent shall not be entered on the report of live birth unless a voluntary acknowledgment of paternity form or other form prescribed under ORS 432.098 (Voluntary acknowledgment of paternity form) is:

(A)

Signed by the birth mother and the person to be named as the other parent; and

(B)

Filed with the state registrar.

(c)

If the birth mother is a partner in a domestic partnership registered by the state at the time of either conception or live birth, or between conception and live birth, the name of the birth mother’s partner shall be entered on the report of live birth as a parent of the child, unless parentage has been determined otherwise by a court of competent jurisdiction.

(d)

In any case in which paternity or parentage of a child is determined by a court of competent jurisdiction, or by an administrative determination of paternity or parentage, the Center for Health Statistics shall enter the name of each parent on the new record of live birth. The Center for Health Statistics shall change the surname of the child if so ordered by the court or, in a proceeding under ORS 25.550 (Establishing paternity of child), by the administrator as defined in ORS 25.010 (Definitions for support enforcement laws).

(e)

If a biological parent is not named on the report of live birth, information other than the identity of the biological parent may be entered on the report.

(10)

A parent of the child, or other informant as determined by the state registrar by rule, shall verify the accuracy of the personal data to be entered on a report of live birth in time to permit submission of the report within the five calendar days of the live birth.

(11)

A report of live birth submitted after five calendar days, but within one year after the date of live birth, shall be registered in the manner prescribed in this section. The record shall not be marked “Delayed.”

(12)

The state registrar may require additional evidence in support of the facts of live birth. [Formerly 432.206; 2014 c.45 §51; 2015 c.629 §50; 2017 c.651 §45]

Source: Section 432.088 — Mandatory submission and registration of reports of live birth; persons required to report; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html.

Attorney General Opinions

Under former similar statute (ORS 432.205)

Scope of practice of midwifery, (1977) Vol 38, p 967

432.005
Definitions
432.010
Center for Health Statistics
432.015
Rules
432.020
State registrar
432.025
Assistant state registrars
432.030
Duties of state registrar
432.033
Duties of state registrar related to confidentiality and security
432.035
County registrars
432.075
Duty to report information to state registrar
432.083
Requirements for institutions, health care practitioners and persons who transport dead bodies
432.088
Mandatory submission and registration of reports of live birth
432.093
Availability of voluntary acknowledgment of paternity form
432.098
Voluntary acknowledgment of paternity form
432.103
Full faith and credit
432.108
Report of live birth for child of unknown parentage
432.113
Delayed reports of live birth
432.118
Procedure for contesting refusal to register report of live birth or delayed report of live birth
432.133
Mandatory submission and registration of reports of death
432.138
Court orders for records of death
432.141
Annual reporting of opiate and opioid overdoses
432.143
Mandatory submission and registration of reports of fetal death
432.148
Commemorative Certificate of Stillbirth
432.153
Status of reports under ORS 435.496
432.158
Disposition of remains
432.163
Extensions for submitting reports of death or fetal death
432.173
Mandatory submission and registration of reports of marriage and reports of domestic partnership
432.178
Delayed report of marriage
432.183
Mandatory submission and registration of reports of dissolution of marriage and reports of dissolution of domestic partnership
432.223
Reports of adoption
432.228
Issuance of certified copy of record of live birth to adopted persons
432.235
Requirements for amending or correcting vital record
432.245
Replacing records of live birth
432.250
Access to adoption records
432.295
Preservation program
432.350
Vital records exempt from public disclosure
432.355
Disclosure of death filed in conjunction with claims or interests in land
432.360
Records of dissolution of marriage and dissolution of domestic partnership subject to full disclosure
432.380
Issuance of certified copies of records
432.385
Registering, amending or correcting record through fraud
432.435
Fees
432.440
County registrar sale of certified copies of records of live birth and death
432.445
Issuance of additional record of live birth
432.450
Grant program for issuance of certified copy of record of live birth to individual who is homeless
432.455
Birth Certificates for Homeless Persons Fund
432.500
Definitions
432.510
Cancer and tumor registry system
432.520
Reporting requirement
432.530
Confidentiality of information
432.540
Use of confidential data
432.550
Action for damages
432.570
No requirement or prohibition regarding operation of separate cancer and tumor registry
432.600
Establishment of committee
432.900
Civil penalty
432.993
Unlawful use of vital record or report
432.994
Unlawful use of vital record or report
432.995
Obstructing the keeping of vital records or reports
Green check means up to date. Up to date