HARRY HUGHES, Governor

201

SOUGHT WAS BORN IN THIS STATE, THE COURT SHALL MAKE FINDINGS
AS TO PARENTAGE AND PLACE AND DATE OF BIRTH AND ANY OTHER
FINDINGS THAT THE CASE REQUIRES AND SHALL ORDER THE
SECRETARY TO ESTABLISH A RECORD OF BIRTH. THE ORDER SHALL
INCLUDE THE FINDINGS TO BE ENTERED IN THE RECORD OF BIRTH
AND THE DATE OF THE COURT ACTION.

(3) ON OR BEFORE THE TENTH DAY OF EACH MONTH,
EACH CLERK OF COURT SHALL SEND TO THE SECRETARY EACH COURT
ORDER FOR A DELAYED CERTIFICATE OF BIRTH THAT WAS ENTERED
DURING THE PRECEDING MONTH.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 17(b).

In subsection (b)(1) of this section, reference
to rejection by "the Secretary" is substituted
for the imprecise reference to a rejection "under
the regulations adopted pursuant to § 17(b)(1)",
for clarity. This substitution is based on the
provisions of this subtitle that require filing
with and registration by the Secretary and is
supported by subsection (b)(2) of this section,
which requires the court order to be directed to
the Secretary. See also COMAR 10.03.01.03C,
which states that evidence for a delayed birth
registration is not "finally approved unless
accepted by the Secretary."

Also in subsection (b)(1) of this section, the
reference to ordering "the establishment of a
record" is substituted for "an order establishing
a record", for consistency with subsection (b)(2)
of this section, which indicates that the
Secretary establishes the record in accordance
with the court order.

In subsection (b)(2) of this section, reference
to the "findings to be entered in the record" is
substituted for the reference to "birth data to
be registered". This substitution reflects that
the court may make findings in addition to
parentage and place and date of birth. It also
avoids a derivative of the defined term
"registration", which applies to the certificate,
rather than individual facts that the certificate
contains.

Defined terms: "Birth" § 4-201
"File" § 4-201 "Secretary" § 1-101
"Includes"/"including" § 1-101
"Person" § 1-101

4-211. NEW CERTIFICATES OF BIRTH.