Part IX. New Birth Certificates After Adoption, Legitimation, Acknowledgement of Paternity, or Court Determination of Paternity
12VAC5-550-280. Adoptions.
New birth certificates after adoption, legitimation, acknowledgment of paternity, or court determination of paternity shall be established under the following conditions:
1. A new certificate of birth may be prepared by the State Registrar for a child born in Virginia and subsequently adopted through the courts of Virginia, the several states of the United States, or in a foreign country. An adoption report or certified copy of an adoption decree must be in the possession of the State Registrar together with a request that a new certificate be prepared.
2. A certificate of birth may be prepared by the State Registrar for a child born in a foreign country and subsequently adopted through a court in Virginia. An adoption report must be in the possession of the State Registrar together with a request that a Virginia registration of the birth be prepared. Such certificates shall not confer citizenship upon the child or the adoptive parents.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.1, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-290. Legitimation.
If the biological parents of a child shall marry after the birth of a child, a new certificate of birth may be prepared by the State Registrar for a child born in Virginia provided that the name of another man is not shown as the father on the original certificate. An affidavit of paternity, executed subsequent to the birth of the child, by both biological parents and a certified copy of the parents' marriage record must be in the possession of the State Registrar together with a request that a new certificate be prepared. If another man is so listed, a new certificate may be prepared only if a determination of paternity shall be ordered by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia. If the mother was married at the time of the child's birth or in the 10 months next preceding, the State Registrar will not accept the acknowledgment of paternity form. A new certificate may be prepared only if a determination of paternity shall be ordered by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.2, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-300. Acknowledgement of paternity.
A new certificate of birth may be prepared by the State Registrar for a child born out of wedlock in this Commonwealth upon receipt of a sworn acknowledgement of paternity, executed subsequent to the birth of the child, signed by both parents and a written request by both parents that the child's surname be changed or not be changed on the certificate to that of the father. If the mother was married at time of the child's birth or in the 10 months next preceding or if another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.3, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-310. Court determination of paternity.
A. If no appeal has been taken from the final order and the time allowed to perfect an appeal has expired, a new certificate of birth may be prepared by the State Registrar for a child born in this Commonwealth upon receipt of a certified copy of a court determination of paternity.
B. A new certificate of birth may be prepared by the State Registrar for a child born in the Commonwealth upon receipt of the certified copies of a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity and the genetic test results affirming at least a 98% probability of paternity from an ABBA-approved laboratory, together with a request from the biological mother, biological father or person having legal custody of the child that such new certificate be prepared. Changing the child's surname to the biological father's surname requires the signatures of both parents or (i) the father in the case of death or incapacity of the mother or (ii) the mother in the case of the death or incapacity of the father.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.4, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-320. Change of sex.
Except as provided in subdivision 3 of 12VAC5-550-450, upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.5, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-330. New certificate.
The new certificate of birth prepared after adopting, legitimation, court determination of paternity, or acknowledgement of paternity shall be on the form in use at the time of birth; however, a same-sex adoption new certificate of birth shall be on the form that shows the parents' designation as "Name of Parent," and shall include the following items and such other information necessary to complete the certificate:
1. The name of the child;
2. The date and place of birth as transcribed from the original certificate;
3. The names and personal particulars of the adoptive parents or of the natural parents, whichever is appropriate;
4. The name of the attendant, printed or typed;
5. The birth number assigned to the original birth certificate;
6. The original filing date. The information necessary to locate the existing certificate and to complete the new certificate shall be submitted on forms prescribed by the State Registrar.
Statutory Authority
§ 32.1-12 and Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.6, eff. April 1, 1995; amended, Virginia Register Volume 26, Issue 1, eff. October 14, 2009.
12VAC5-550-340. Sealed files.
After preparation of the new certificate, the existing certificate and the evidence upon which the new certificate was based are to be placed in a special file. Such file shall not be subject to inspection except upon order of a circuit court of this Commonwealth or by the State Registrar for purposes of properly administering the system of vital records and health statistics.
Statutory Authority
§ 32.1-273 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 9.7, eff. April 1, 1995.