(a) When a birth occurs in an institution or en route to an institution, the person in charge of the institution, or that person’s designated representative, shall obtain the data required by the certificate, prepare the certificate, certify that the child was born alive at the place and time and on the date stated, either by signature or by an approved electronic process, and file the certificate with the office of vital records or as otherwise directed by the state registrar within the required ten (10) days.
File: means to present a vital record provided for in this chapter for registration by the office of vital records. See Tennessee Code 68-3-102
Institution: means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. See Tennessee Code 68-3-102
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Physician: means a person licensed to practice medicine or osteopathy pursuant to the laws of this state. See Tennessee Code 68-3-102
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Vital records: means certificates or reports of birth, death, marriage, divorce or annulment and other records related thereto. See Tennessee Code 68-3-102
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) The physician in attendance shall provide the medical information required by the certificate to the institution’s designated representative within seventy-two (72) hours after the birth.(c) Immediately before or after the birth of a child to an unmarried woman in a birthing institution, an authorized representative of the birthing institution shall provide to the mother, and, if present, the biological father:
(1)Written and oral information concerning the alternatives to, the legal consequences of, the rights, and the responsibilities arising from the completion of the voluntary acknowledgment. The information shall be provided to the birthing institution by the department of human services, which shall develop the information in conjunction with the department of health. A videotaped or audio presentation will satisfy the requirement for the oral explanation.(2) An acknowledgment of paternity on a form approved pursuant to § 68-3-305(b), and shall provide the opportunity to complete and submit to the institution the acknowledgment form.(d) The birthing institution or other entity receiving the voluntary acknowledgment of paternity shall forward the original, signed acknowledgment of paternity to the office of vital records, and shall send a copy of the signed and notarized acknowledgment of paternity to the Title IV-D child support agency where the mother resides, if the mother or child is receiving temporary assistance pursuant to title 71, chapter 3, part 1; medicaid; TennCare; or any successor programs. Copies of the signed and notarized voluntary acknowledgment of paternity shall also be provided to the mother and father of the child. The copies shall be deemed originals.(e) The department of health shall annually assess the numbers of acknowledgments of paternity as compared with the numbers of out-of-wedlock births by each birthing institution, and shall prepare a report of the results, which shall be provided to the department of human services or other persons or agencies that request it.(f) Voluntary paternity establishment services through hospitals and the department of health shall be offered in accordance with federal regulations as prescribed by the secretary of health and human services.
