PR 01210.040 Oklahoma
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, if the mother was not married at the time of conception and birth, the name of the father shall be entered on the BC only if a determination of paternity has been made by a court of competent jurisdiction or the mother and father have signed an affidavit acknowledging paternity. Okla. Stat. Ann. tit. 63, §§1-311(D)(2)(a) and (b) (West 1999); Okla. Stat. Ann. tit. 63, §§ 1-321(d)(1) and (2) (West 1999). Also, since September 1, 1994, the name of the father shall be entered on the BC if a determination of paternity has been made by an administrative action through the Oklahoma Department of Human Services. Okla. Stat. Ann. tit. 63, §1-311(D)(2)(a) (West 1999). All docketed administrative orders shall be enforced in the same manner as an order of a district court. Okla. Stat. Ann. tit. 56, § 238.6B(I) (West 1999).
2. Child's surname
A BC shall be amended to change a child's surname to that of the father's upon receipt of a notarized written request signed by both parents or upon receipt of a certified copy of a court order directing such name change. Okla. Stat. Ann. tit. 63, § 1-321(d) (West 1999); Okla. Stat. Ann. tit. 56, § 238.6B(H) (West 1999).