Sec. 2. (a) A person in attendance at a live birth shall do the following:
(1) File with the local health officer the following:
(A) A certificate of birth.
(B) Any paternity affidavit executed under section 2.1(c)(1) of this chapter.
Except as provided in IC 16-37-1-3.1(f), the person in attendance at a live birth shall use the Indiana birth registration system established under IC 16-37-1-3.1 to electronically file a birth certificate or paternity affidavit under this subdivision.
(2) Advise the mother of a child born out of wedlock of:
(A) the availability of paternity affidavits under section 2.1 of this chapter; and
(B) the existence of the putative father registry established by IC 31-19-5-2.
(b) If there was no person in attendance at the birth, one (1) of the parents shall file with the local health officer the following:
(1) A certificate of birth.
(2) Any paternity affidavit executed under section 2.1 of this chapter.
(c) If:
(1) no person was in attendance at the birth and neither parent is able to prepare the certificate; or
(2) the local health officer does not receive a certificate of birth;
the local health officer shall prepare a certificate of birth from information secured from any person who has knowledge of the birth.
(d) A local health department shall inform the Title IV-D agency (as defined in IC 31-9-2-130) regarding each paternity affidavit executed under section 2.1 of this chapter that the local health department receives under this section.
(e) A paternity affidavit executed under section 2.1(c)(1) of this chapter shall be filed with the local health officer not more than five (5) days after the child's birth.
(f) An attorney or agency that arranges an adoption may at any time request that the state department search its records to determine whether a man executed a paternity affidavit under section 2.1 of this chapter in relation to a child who is or may be the subject of an adoption that the attorney or agency is arranging.
(g) Not more than ten (10) days after receiving a request from an attorney or agency under subsection (f), the state department shall submit an affidavit to the attorney or agency verifying whether a paternity affidavit has been filed under this section. If a paternity affidavit has been filed regarding a child who is the subject of a request under subsection (f), the state department shall release a copy of the paternity affidavit to the requesting attorney or agency.
[Pre-1993 Recodification Citations: 16-1-16-1; 16-1-16-2; 16-1-16-4.]
As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.2; P.L.46-1995, SEC.62; P.L.133-1995, SEC.13; P.L.1-1997, SEC.92; P.L.257-1997(ss), SEC.30; P.L.61-2009, SEC.7; P.L.138-2019, SEC.7.
Structure Indiana Code
Chapter 2. Certification of Births
16-37-2-1. "Person in Attendance at Birth"
16-37-2-3. Time for Filing Birth Certificate
16-37-2-4. Acceptance of Delayed Filed Birth Certificates
16-37-2-5. Birth Certificates Presented More Than 12 Months After Birth
16-37-2-6. Rules for Accepting Delayed Birth Certificates
16-37-2-7. Certificate of Birth Registration; Issuance to Delayed Birth Certificate Applicant
16-37-2-8. Probative Value of Delayed Birth Certificate
16-37-2-9. Permanent Record; Public Inspection; Adoptee Birth Records
16-37-2-10. "DNA Test"; Additions or Corrections to Birth Certificate; Evidence
16-37-2-11. Custody of Children of Unknown Parentage; Reports
16-37-2-12. Children of Unknown Parentage; Certificates of Birth
16-37-2-13. Recorded Name of Child Born Out of Wedlock
16-37-2-14. Duties of Health Officer Regarding Paternity Affidavit
16-37-2-15. Proper Name of Illegitimate Child Whose Parents Subsequently Marry