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
New Mexico
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. ยง 24-14-13(E)
(2000).
2. Child's surname
New Mexico has no provision dealing with the child's surname on a BC.