No. 35118 (5-year Review): Rule R436-5. New Birth Certificates After Legitimation, Court Determination of Paternity or Adoption

DAR File No.: 35118
Filed: 08/08/2011 04:34:18 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 26-2-10 requires the state registrar to issue a supplementary certificate of birth in the event of an adoption, legitimation or court determination of paternity, if requested by the subject of the certificate or the subject's legal representative. Rule R436-5 outlines further the requirements to fulfill the request.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

None.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Utah is a closed adoption state. Rule R436-5 outlines the process for sealing files and the criteria for issuance of a supplementary certificate and who is authorized to request the supplementary. In order for us to maintain the privacy of all involved in an adoption, these criteria must remain detailed in rule. The process and criteria for a court-ordered paternity is also detailed in this rule. Without this process outlined, we would not receive adequate information from the courts to comply with the requirements of Section 26-2-10. Legitimations--the process needs to be in rule as well so that customers know what is required to complete the changes. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Center for Health Data, Vital Records and Statistics
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Doug Springmeyer at the above address, by phone at 801-538-6971, by FAX at 801-538-6306, or by Internet E-mail at [e-mail]
• Janice Houston at the above address, by phone at 801-538-6262, by FAX at 801-538-7012, or by Internet E-mail at [e-mail]

Authorized by:

David Patton, Executive Director

Effective:

08/08/2011

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