S.D. Admin. R. 44:09:02:13

Current through Register Vol. 51, page 30, September 3, 2024

Section 44:09:02:13 - Out-of-institution birth

If a birth occurs in this state outside a hospital or institution and the birth certificate is filed within one year after birth, a standard certificate of live birth must be completed at the office of the local registrar or at the Department of Health vital records office by the individual responsible for filing the certificate and filed with evidence as follows:

(1) Evidence of pregnancy, as follows:

(a) A prenatal record from a licensed health care provider;

(b) A written statement from a physician or other licensed health care provider qualified to determine pregnancy;

(c) A record of a home visit by a public health nurse or other licensed health care provider; or

(d) Other evidence acceptable to the secretary of health;

(2) Evidence that the infant was born alive, as follows:

(a) A statement from the physician or other licensed health care provider who saw or examined the infant;

(b) An observation of the infant during a home visit by a public health nurse; or

(c) Other evidence acceptable to the secretary of health; and

(3) Evidence of the mother's presence in this state on the date of the birth, as follows:

(a) If the birth occurred in the mother's residence:

(i) A driver's license or a state-issued identification card which includes the mother's current residence on the face of the license or card;

(ii)A rent receipt that includes the mother's name and address;

(iii) Any type of utility, telephone, or other bill that includes the mother's name and address; or

(iv) Other evidence acceptable to the secretary of health;

(b) If the birth occurred outside the mother's place of residence and the mother is a resident of this state:

(i) An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and that the premises is located in the state; and

(ii)Evidence of the mother's residence in the state similar to that required in subdivision (3)(a) of this section; or

(c) If the mother is not a resident of this state, clear and convincing evidence that the birth occurred in this state.

S.D. Admin. R. 44:09:02:13

24 SDR 60, effective 11/13/1997.

General Authority: SDCL 34-25-9.1.

Law Implemented: SDCL 34-25-9.1.