(a) The birth of each and every child born in Guam shall be registered within ten (10) days after birth, as hereinafter provided.

(b) When a birth occurs in an institution, the person in charge of the institution shall obtain the personal data, prepare the certificate and file it with the Office of Vital Statistics. The physician in attendance shall certify to the facts of birth and provide all medical information required by the certificate within five (5) days after the birth.

(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one (1) of the following in the indicated order of priority:

(l) The physician in attendance at or immediately after the birth, or in the absence of such a person:

(2) The midwife in attendance at or immediately after the birth, or in the absence of such a person:
(3) Any other person in attendance at or immediately after the birth, or in the absence of such a person:

(4) The father, the mother, or in the absence of the father or the inability of the mother, the Mayor of the municipal district where the birth occurred.

(d) The certificate of live birth for any live birth occurring on or after forty-five (45) days from the effective date of this section, as amended, shall contain those items necessary to establish the fact of the birth and shall contain at least the following information (if known):

(1) Full name and sex of newborn child;

(2) Date of birth, including month, day, hour and year; (3) Planned place of birth and actual place of birth;
(4) Full birth name of father, his social security number, birthplace, and date of birth of, if the child is legitimate. If the child is illegitimate, for so long as the child has not been legitimated, the father’s name on the birth certificate shall be footnoted as follows: “”The above named father is not the presumptive father of the child and no presumption exists as to any father-child relationship.””

(5) Full birth name of mother, her social security number, birthplace, and date of birth.

(6) If multiple birth, the birth order of the newborn children.

(7) Signature, and relationship to child, of a parent or other informant, and the date signed.

(8) Name, title, mailing address of attending physician and surgeon or principal attendant, signature and certification of live birth by attending physician and surgeon or principal attendant or certifier, the date signed, and name and title of certifier of other than attending physician and surgeon or principal attendant.

(9) Date accepted for registration and signature of registrar.
(e) Informational notice advising mother of newborn of right to support and to have birth certificate mailed to father: distribution. The Guam Registrar of Vital Statistics, the Department of Law, and the Guam Memorial Hospital Authority shall cooperatively develop an informational notice which advises the single mother of a newborn child of her right to child support. The notice shall also advise the mother of her right to have an original certificate of birth mailed to the father free of charge.

(f) Legitimation of child. If both the father and mother acknowledge paternity as herein provided, the child shall thereupon be legitimized. Forms for such acknowledgment shall be available to all hospitals on Guam and shall be made available at the time of birth to the parents to be filled out at the hospital at no cost to the parents. The child may be legitimized by both parents if both sign the birth certificate or the request for issuance of birth certificate, or if both sign a joint affidavit stating the names, birthdates, addresses, and social security numbers of the parents and a statement that they are the natural parents of the child. The hospital shall advise the parents as to the procedures for legitimation at the time the child is born.

(g) Affidavit of paternity. When a child is born out of wedlock, and is not legitimized, and before a birth certificate is issued, the hospital shall request an affidavit of paternity to be executed by the mother stating the name of the person who is the father of the child, his birthdate (if known), his social security number (if known), his address (if known), and the names and birthdates of his parents (if known). If the father of the child is unknown it shall be so stated on the affidavit. The affidavit shall be kept on file by the Director of Public Health and Social Services in the Office of Vital Statistics, and shall be available only to the personnel of Public Health, the Attorney General, the mother, the named father, attorneys therefor, or pursuant to court order, which court order may be obtained by any interested person upon ex parte application to the Superior Court of Guam. If the mother notes the name of the father upon such affidavit, such affidavit shall not give rise to any presumption, except it shall require that the alleged father named therein be given notice of all proceedings involving the welfare of the child, andmay be used as a basis for requiring a blood test to determine whether the alleged father is in fact the natural father of the child.

(h) Each hospital shall provide notaries public free of charge at the hospital for the purpose of notarizing affidavits relating to paternity, or the affidavits may be executed in conformance with § 4308 of Title 6, Guam Code Ann., as an unsworn declaration under penalty of perjury and be witnessed by an employee of the hospital or an employee of the Office of Vital Statistics not related to either parent.

(i) It shall be the duty of the parent(s) in every case to provide all information required on the birth certificate and one or the other parent shall sign said certificate to attest to the accuracy of the personal data entered thereon.

(j) Upon request, the Director shall accept, for the purpose of recording births, certified copies of birth certificates of children born outside Guam to residents of Guam.

(k) When a birth occurs on a moving conveyance and the child is first removed from the conveyance in Guam, the birth shall be registered in Guam and the location where the child is removed from the conveyance shall be considered as the place of birth.

2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.

§ 3211. Foundling Registration; Infants of Unknown
Parentage.

(a) Whoever assumes custody of a living infant of unknown parentage shall report on a form and in the manner prescribed by the Guam Registrar of Vital Statistics, within seven (7) days, the following information:

(l) The date and place of finding the child;

(2) Sex, color or race, and approximate age of the child;

(3) Name and address of the person or institution with whom the child has been placed for care;
(4) Name given to the child by the custodian; and

(5) Other data as may be required by the Guam
Registrar of Vital Statistics.

(b) The place where the child was found shall be entered as the place of birth, and the date of birth shall be determined by approximation.

(c) A report registered under this Section shall constitute the certificate of birth for the infant.

(d) If the child is identified and a certificate of birth is found or obtained, any report registered under this Section shall be sealed and filed and may be opened only by order of a court of competent jurisdiction.

2017 NOTE: References to “”territory”” and “”territorial”” removed and/or altered to “”Guam”” pursuant to 1 Guam Code Ann. § 420.