213.071 Establishment of new birth certificate for person born in Commonwealth -
608 words·~3 min read·
/ky/213-071A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Findings of paternity reported -- Procedure when judgment or
acknowledgment of paternity is reversed or modified -- Copies of original birth
certificate sealed -- Birth certificate for adopted child.
(1)The state registrar shall establish a new certificate of birth for a person born in the
Commonwealth when the state registrar receives the following:
(a)A report of adoption as provided in KRS 213.066 or a report 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; or
(b)A request that a new certificate be established as prescribed by administrative
regulation and the evidence as required by administrative regulation 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 in which case the surname of the
child shall be changed in accordance with KRS 213.046.
(2)If paternity is determined in a court action, the clerk shall report the findings of the
court to the state registrar on forms prescribed and furnished for that purpose. The
reports shall be made no later than the fifteenth of the month following the date of
the order.
(3)If a new certificate is established, the actual place and date of birth shall be shown
except in the case of adoption. If the adopted child is under eighteen
(18)years of
age, the birth certificate shall not contain any information revealing the child is
adopted and shall show the adoptive parent or parents as the natural parent or
parents of the child. The new birth certificate, when issued, shall not contain the
place of birth, hospital, or name of the doctor or midwife. This information shall be
given only by an order of the court in which the child was adopted. If the child was
born in the Commonwealth, the new birth certificate shall show the residence of the
adoptive parents as the birthplace of the child, and this shall be deemed for all legal
purposes to be the birthplace of the child.
(4)The new certificate shall be substituted for the original certificate of birth in the
files, and the original certificate of birth and the evidence of adoption, paternity
determination, or paternity acknowledgment shall not be subject to inspection
except upon order of a court of competent jurisdiction.
(5)If any judgment under this section is reversed, amended, modified, or vacated in any
particular, the clerk of the court shall notify the state registrar of the reversal or
modification, and the state registrar shall make the changes, if any, in the records as
may be necessary by the reversal or modification, or if the voluntary
acknowledgment of paternity pursuant to KRS 213.046(4) is rescinded, the state
registrar shall make the changes, if any, in the records as may be necessary by the
reversal, modification, or rescission of the voluntary acknowledgment of paternity.
(6)If a new certificate of birth is established by the state registrar, all copies of the
original certificate of birth on file shall be sealed.
(7)If no birth certificate is on file for an adopted child born in Kentucky, the state
registrar shall prepare a certificate of birth in accordance with information furnished
by the clerk of the Circuit Court which issued the adoption order. The state registrar
shall furnish the clerks of the Circuit Courts the necessary forms to carry out the
provisions of this section.