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.
Statutory Support
Oklahoma
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).