PR 01210.034 New Mexico
A. PR 01-090 Establishing Precedents for Using Information from Child's Birth Certificate as Written Acknowledgment or Proof of Court Order of Paternity
DATE: November 20, 2000
To determine if there is written acknowledgement under 216(h)(3), the opinion provides the requirements in each State in Region VI for entry of a father's name on a BC.
This memorandum is in response to your request for our review and comments concerning a draft of the Regional Transmittal to Program Operations Manual System (POMS) GN 00306.120. It is our understanding that it is the practice of Management Operations Support to provide a POMS Regional Transmittal to establish precedent opinions applicable to specific states within a region. A Regional Transmittal is designed to determine for each state within Region VI whether an illegitimate child's birth certificate (BC) may constitute evidence of written acknowledgment, or a court order, of paternity where the father's name is on the BC. We suggest several changes to your draft POMS Regional Transmittal. We have researched the law to verify the current status of each state's requirements for entry of a father's name on a BC and also have included where applicable a summary of any changes in a state's law during approximately the past twenty years. As explained below, we believe the transmittal should appear as shown on the attachment.
1. Father's name
As indicated in your draft, since 1961, if the mother was not married at the time of conception or birth, the name of the father shall not be entered on the BC without the written consent of the mother and the person to be named as the father, unless a determination of paternity has been made by a court, in which case the name of the father as determined by the court shall be entered. N.M. Stat. Ann. § 24-14-13(E) (2000).
2. Child's surname
New Mexico has no provision dealing with the child's surname on a BC.