2023 -- S 0960

========

LC001560

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- VITAL RECORDS

     Introduced By: Senators E Morgan, and DeLuca

     Date Introduced: May 01, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 23-3-10 of the General Laws in Chapter 23-3 entitled "Vital Records"

is hereby amended to read as follows:

     23-3-10. Birth registration.

     (a) A certificate of birth for each live birth which occurs in this state shall be filed with the

state registrar of vital records, or as otherwise directed by the state registrar, within four (4) days

after that birth.

     (b) When a birth occurs in an institution, the person in charge of the institution, or his or

her designated representative, shall obtain the personal data; prepare the certificate; secure the

signatures required by the certificate; and file it with the state registrar of vital records, or as

otherwise directed by the state registrar. The physician and/or midwife in attendance, or his or her

authorized designee as defined in department regulations, shall certify to the facts of birth and

provide the medical information required by the certificate within three (3) days after the birth.

     (c) When a birth occurs outside an institution, the certificate shall be prepared and filed by

one of the following in the indicated order of priority:

     (1) The physician in attendance at, or immediately after, the birth, or in the absence of a

physician;

     (2) Any other person in attendance at, or immediately after, the birth, or in the absence of

any person in attendance at or immediately after the birth;

     (3) The father, the mother, or, in the absence of the father and the inability of the mother,

the person in charge of the premises where the birth occurred.

     (4) When a birth occurs in a moving conveyance, the place of birth shall be that address in

the city or town where the child is first removed from the conveyance.

     (d)(1) If the mother was married either at the time of conception or birth, the name of the

husband shall be entered on the certificate as the father of the child unless paternity has been

determined otherwise by a court of competent jurisdiction, in which case the name of the father as

determined by the court shall be entered.

     (2) [Deleted by P.L. 2020, ch. 59, § 3 and P.L. 2020, ch. 60, § 3].

     (e) The state registrar shall not decline to register and/or issue any birth certificate or

certified copy of any birth certificate on the grounds that medical or health information collected

for statistical purposes has not been supplied.

     (f) The biological sex designation on a certificate of birth shall be either male or female

and shall not be nonbinary or any symbol representing a nonbinary designation, including, but not

limited to, the letter "X".

     SECTION 2. This act shall take effect upon passage.

========

LC001560

========

LC001560 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- VITAL RECORDS

***

     This act would limit the biological sex designation on a certificate of birth to male or female

and would prohibit a nonbinary designation.

     This act would take effect upon passage.

========

LC001560

========

LC001560 - Page 3 of 3