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20-18-406. New certificates.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-406. New certificates.
(a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following:
(1) A certificate of adoption as provided in § 9-9-219, or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or
(2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.
(b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under § 9-9-803.
(c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule.
(d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-406
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-18-406
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 39f4810619d43fb0a7b2959ed0923ca60aa7a9a3daddf2a4aac2c74800ea2c58
Source location: content.xml paragraph 17681
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20-18-406. New certificates.
(a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following:
(1) A certificate of adoption as provided in § 9-9-219, or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or
(2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate.
(b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under § 9-9-803.
(c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule.
(d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.
(e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth.
(f)(1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following:
(A) A certificate of adoption as provided in § 9-9-219;
(B) Proof of the date and place of the adopted child's birth; and
(C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older.
(2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law.
(3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued.
(g) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in § 20-18-402 or § 20-18-403 before a new certificate of birth is established. The new certificate of birth shall be prepared on the delayed birth certificate form.
(h) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct.
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Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-402. Delayed registration of birth.
(a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met.
(b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration.
(c) No delayed certificate of birth shall be registered for a deceased person.
(d)(1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction.
(2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-402
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-18-402. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-18-403. Judicial procedure to register birth.
(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in this state;
(2) That no certificate of birth of the person can be found in the Division of Vital Records;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402;
(4) That the state registrar has refused to file a certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration.
(d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approve
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-18-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 20-18-403. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-219. Application for new birth record.
Upon entry of a final decree of adoption or an interlocutory decree of adoption that does not require a subsequent hearing, the clerk of the court shall prepare an application for a birth record in the new name of the adopted individual and forward the application to the appropriate vital statistics office of the place, if known, where the adopted individual was born and forward a copy of the decree to the Division of Vital Records for statistical purposes. The division may issue a birth certificate for any child born in a place whose law does not provide for the issuance of a substituted certificate.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-219
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-9-219. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-9-803. Access to adoption file.
(a) Beginning August 1, 2018, a requester may submit a written request for a copy of an adoption file from the Department of Health.
(b)(1) A request submitted under this section shall include the requester's address and notarized signature and satisfactory proof of the requester's identity as determined by the department.
(2) If the requester is the child, widow or widower, or guardian of any child of the deceased adoptee to whom the adoption file pertains, the requester shall also provide notarized documentation evidencing the requester's relationship to the adoptee.
(c)(1) Upon receipt of a request made under subsection (a) of this section, the department shall mail the adoption file to the requester at the address provided in the request.
(2) If an adoption file contains a form submitted under § 9-9-802(a)(2)(A)(i), the department shall redact the birth parent's name from the copy of the adoption file before it is mailed to the requester.
(3) If a form under § 9-9-802(a)(2)(A)(ii) is submitted after a copy of the adoption file is mailed to the requester, the department shall mail the requester another copy of the adoption file with the birth parent's name included in the adoption file within thirty (30) days of the date the form was removed.
(4) Before mailing a requester an adoption file under subdivision (c)(1) of this section, the department shall mark the certified copy of the original birth certificate contained in the adoption file as “not intended for official use” or similar.
(d) The department shall mail a requester an adoption file by certified mail, return receipt requested.
(e)(1) If an adoption file contains a form submitted under § 9-9-802(a)(3)(A)(i) and (ii), the department shall include the form in
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-9-803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-9-803. This identifies an authority to review, not proof of applicability.