§ 5071. Birth certificates; who to make; return
(a) On or before the fifth business day of each live birth that occurs in this State,
the attending physician or designee, naturopathic physician or designee, or midwife
or, if no attending physician or designee, naturopathic physician or designee, or
midwife is present, a parent of the child or a legal guardian of a mother under 18
years of age shall file with the State Registrar a report of birth in the form and
manner prescribed by the State Registrar. The State Registrar shall register the report
in the Statewide Registration System if it has been completed properly and filed in
accordance with this chapter. The portion of the registered birth report that is not
confidential under section 5014 of this title is the birth certificate.
(b) At the time of the birth of a child, each parent shall furnish the following information
to enable completion of the report of birth required under subsection (a) of this
section: the parent’s name, address, and Social Security number and the name and date
of birth of the child.
(c)(1) Whoever assumes the custody of a live-born infant of unknown parentage shall file
a report of birth with the State Registrar in the form and manner prescribed by the
State Registrar.
(2) If the child is identified and a certificate of birth is found or obtained, the report
and any certificate created under this section and copies thereof shall be deposited
with the State Registrar and kept confidential, to be opened upon court order only.
(d) The name of the father shall be included on the report of birth and on any birth certificate
of the child of unmarried parents only if the father and mother have signed a voluntary
acknowledgment of parentage or a court or administrative agency of competent jurisdiction
has issued an adjudication of parentage.
(e) When a birth certificate is issued, a parent or parents shall be identified with gender-neutral
nomenclature. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1979, No. 142 (Adj. Sess.), § 7; 1989, No. 220 (Adj. Sess.), § 26; 1997, No. 63, § 18, eff. Sept. 1, 1997; 2013, No. 183 (Adj. Sess.), § 1; 2017, No. 46, § 20, eff. July 1, 2019; 2023, No. 158 (Adj. Sess.), § 2b, eff. June 6, 2024.)
§ 5072. Notice to parent for correction or completion
Within three months after each birth that occurs in the State, except for the birth
of a child known to have died or to have been surrendered for adoption, the State
Registrar shall send a notice of birth registration to the parents of the child. The
notice shall contain the pertinent facts such as the child’s full name, date and place
of birth, and the names of the parents, with instructions and a form on which to apply
for corrections or additions. (Amended 1979, No. 142 (Adj. Sess.), § 8; 2017, No. 46, § 21, eff. July 1, 2019.)
§ 5073. Birth certificate corrections, completions
(a)(1) Except as otherwise provided in subdivision (2) of this subsection, within six months
after the date of birth, the State Registrar may correct or complete a birth certificate
in the Statewide Registration System upon application of a parent, the hospital in
which the birth occurred, or the certifying attendant.
(2) At any time after the date of birth, the State Registrar may complete a birth certificate
to add the name of a parent only upon request of the registrant or his or her parent
or guardian and upon the receipt of:
(A) a properly executed voluntary acknowledgment of parentage; or
(B) a decree of a court or administrative agency of competent jurisdiction adjudicating
parentage.
(3) Within six months after the date of birth, the State Registrar may complete or change
the name of a child upon joint application of the parents or upon application of the
parent if only one parent is listed on the birth certificate. A court order shall
not be required, except for completions or changes of name more than six months after
the date of birth.
(b) If the State Registrar determines that a correction or completion requested under
this section is unwarranted, he or she may deny an application, in which case the
applicant may petition the Probate Division of the Superior Court. The court shall
review the petition and relevant evidence de novo to determine if the correction or
completion is warranted. The court shall transmit a decree ordering a correction or
completion to the State Registrar, who shall correct or complete the certificate in
accordance with the decree.
(c) A corrected or completed certificate shall be free of any evidence of the change and
shall not be marked “Amended.” However, the State Registrar shall record and maintain
in the Statewide Registration System the source of the information, the nature and
content of the change, the identity of the person making the change, and the date
the change was made.
(d) [Repealed.] (Amended 1979, No. 56, § 8; 1979, No. 142 (Adj. Sess.), § 9; 1985, No. 33, § 1; 2017, No. 46, § 22, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.6, eff. July 1, 2019; 2021, No. 15, § 2.)
§ 5074. Penalty
A person who fails to comply with a provision of sections 5071-5073 of this title shall be fined $5.00.
§ 5075. Issuance of amended or delayed birth certificate
(a) Except as otherwise provided in subdivision 5073(a)(2) of this title, after six months from the date of birth, any alteration of the birth certificate
of a person born in this State shall be deemed an amendment. Upon application by the
registrant, his or her parent or guardian, the hospital in which the birth occurred,
or the certifying attendant, setting forth the amendment desired and the reason for
it, the State Registrar may amend the birth certificate if the application and relevant
evidence, if any, show that the amendment is warranted.
(b) A person born in this State for whom no certificate of birth was filed during the
first year following birth, or his or her parent or guardian, may apply to the State
Registrar to determine the facts with respect to the birth and to issue a delayed
certificate of birth.
(c) If the State Registrar denies an application under this section, the applicant may
petition the Probate Division of the Superior Court, which shall review the application
and relevant evidence de novo to determine if the amendment or issuance of a delayed
certificate is warranted. The court shall transmit a decree ordering an amendment
or issuance of a delayed certificate to the State Registrar, who shall amend or issue
the certificate in accordance with the decree.
(d) The State Registrar shall make any amendment and register any delayed certificate
in the Statewide Registration System. Any amended birth certificate issued from the
System shall indicate the word “Amended” and the date of amendment, and any delayed
certificate issued from the System shall indicate the word “Delayed” and the date
of registration. The State Registrar shall record and maintain in the System the identity
of the person requesting the amendment or delayed certificate, the nature and content
of the change made in the System, the person who made the amendment or registered
the delayed certificate in the System, and the date of the amendment or registration.
(e) [Repealed.] (Added 1979, No. 142 (Adj. Sess.), § 10; amended 1997, No. 155 (Adj. Sess.), § 64; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 24, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.7, eff. July 1, 2019; 2021, No. 15, § 3.)
§ 5076. Repealed. 2017, No. 46, § 25, eff. July 1, 2019.
§ 5077. Repealed. 2017, No. 46, § 26, eff. July 1, 2019.
§ 5077a. New birth certificate due to parentage nomenclature on former report of birth form
(a) If a parent of a person born in this State was unable to be listed as a parent on
the person’s birth certificate due to the lack of gender-neutral nomenclature on former
report of birth forms provided by the Department of Health, and the person or the
person’s parent submits sufficient proof of parentage to the State Registrar, the
State Registrar shall complete the birth certificate in the Statewide Registration
System. If the State Registrar denies an application under this subsection, the applicant
may petition the Probate Division of the Superior Court, which shall review the application
and relevant evidence de novo to determine if the issuance of a new birth certificate
is warranted. If the court issues a decree ordering the issuance of a new birth certificate,
the State Registrar shall update the System in accordance with the decree. The State
Registrar shall record in the System the identity of the person requesting the new
certificate, the nature and content of the change, the person who made the change,
and the date of the change. The State Registrar shall issue a new birth certificate
from the System that shall not contain the word “Amended” or other special designation,
and shall notify the town clerk or clerks with custody of the certificate, who shall
replace the original with the new certificate and update indexes as directed by the
State Registrar. The town clerk or clerks shall send the original to the State Registrar,
who shall keep it confidential.
(b), (c) [Repealed.] (Added 2013, No. 183 (Adj. Sess.), § 2; amended 2017, No. 46, § 27, eff. July 1, 2019.)
§ 5078. Adoption; new and amended birth certificate
(a) When the State Registrar receives a report of adoption, a report of an amended adoption,
or a report that an adoption has been set aside as provided in 15A V.S.A. § 3-801, or a record of adoption prepared and filed in accordance with the laws of another
state or foreign country, he or she shall proceed as prescribed in 15A V.S.A. § 3-802.
(b) If prior to July 1, 2019 a new birth certificate was issued following an adoption
that contains a notation that it was issued by authority of this chapter, contains
the filing dates of the original and the new birth certificate, or otherwise contains
information that facially distinguishes it from an original, the adoptive parent or
the adoptee if 14 years of age or older may apply to the State Registrar to issue
a replacement birth certificate that does not contain distinguishing information.
The State Registrar shall issue the replacement and notify any town clerk with custody
of the version that contains distinguishing information, who shall substitute the
latter with the replacement birth certificate. The town clerk shall send the version
that contains distinguishing information to the State Registrar, who shall keep it
confidential.
(c) [Repealed.]
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.] (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1979, No. 142 (Adj. Sess.), § 13; 1985, No. 229 (Adj. Sess.), § 2; 2017, No. 46, § 30, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.8, eff. July 1, 2019.)
§ 5078a. Certificate of live birth for a foreign born child adopted in Vermont
(a) The State Registrar shall establish in the Statewide Registration System a “certificate
of live birth for a foreign born child” when he or she receives:
(1) a written request that the certificate be established:
(A) from the adopted person if 14 years of age or older; or
(B) from the adoptive parent or parents if the adopted person is under 14 years of age;
and
(2) a record of adoption issued under 15A V.S.A. § 3-801(a).
(b) The certificate shall include:
(1) the true or probable foreign country of birth and true or probable date of birth;
(2) the adoptive parents as though they were natural parents;
(3) a notation that it was issued by authority of this chapter;
(4) a statement that the certificate is not evidence of U.S. citizenship; and
(5) any other information the State Registrar may prescribe.
(c) The certificate shall not contain a statement whether the adopted person was illegitimate.
(d), (e) [Repealed.] (Added 1985, No. 229 (Adj. Sess.), § 3; amended 2017, No. 46, § 31, eff. July 1, 2019.)
§ 5079. Repealed. 1979, No. 142 (Adj. Sess.), § 26.
§ 5080. Effect of new certificate
A new birth certificate issued under 15A V.S.A. § 3-802 and sections 5077a and 5112 of this title shall have the same force and effect as though registered in accordance
with the provisions of section 5071 of this title. (Amended 2017, No. 46, § 32, eff. July 1, 2019.)
§ 5081. Repealed. 2017, No. 46, § 33, eff. July 1, 2019.
§ 5082. Repealed. 2017, No. 46, § 34, eff. July 1, 2019.
§ 5083. Participants in address confidentiality program
(a) If a participant in the program described in 15 V.S.A. chapter 21, subchapter 3 who is the parent of a child born during the period of program participation
notifies the physician or midwife who delivers the child, or the hospital at which
the child is delivered, not later than 10 days after the birth of the child, that
the participant’s confidential address should not appear on the child’s birth certificate,
then the address shall not be maintained in the Statewide Registration System and
the State Registrar, town clerks, and any other issuing agent shall ensure the confidentiality
of the address during the period of program participation in accordance with measures
prescribed by the State Registrar. A participant who fails to provide such notice
shall be deemed to have waived the provisions of this section.
(b) The State Registrar shall notify the Secretary of State that a program participant
has given notice under this section.
(c) The State Registrar shall maintain a confidential record of the parent’s actual mailing
address and town of residence, which shall be exempt from public inspection and copying
under the Public Records Act.
(d) Upon the expiration, withdrawal, invalidation, or cancellation of program participation
of any parent of whom the Secretary of State received notice from the State Registrar,
the Secretary of State shall notify the State Registrar.
(e) Upon notice of the expiration, withdrawal, invalidation, or cancellation of program
participation, the State Registrar shall update the Statewide Registration System
and take such other steps as may be necessary to ensure that the actual mailing address
and town of residence on the birth certificate are available for public inspection
and copying in accordance with section 5016 of this title.
(f) [Repealed.] (Added 1999, No. 134 (Adj. Sess.), § 4, eff. Jan. 1, 2001; amended 2015, No. 23, § 9; 2017, No. 46, § 35, eff. July 1, 2019.)
§§ 5084-5086. Repealed. 2001, No. 87 (Adj. Sess.), § 5, eff. June 30, 2003.
§ 5087. Redesignated. 2017, No. 46, § 37, effective July 1, 2019.
§ 5088. Redesignated. 2017, No. 46, § 37, effective July 1, 2019.
§ 5089. Redesignated. 2017, No. 46, § 37, effective July 1, 2019.