This
rule was filed as 7 NMAC 2.3.
TITLE
7 HEALTH
CHAPTER
2 VITAL STATISTICS
PART
3 PUTATIVE FATHER REGISTERY
7.2.3.1 ISSUING AGENCY: Department of Health, Public Health
Division, Bureau of Vital Records and Health Statistics.
[10/31/96;
Recompiled 10/31/01]
7.2.3.2 SCOPE: These regulations provide a process to
protect the parental rights of fathers who affirmatively assume responsibility
to children they have fathered and to expedite the adoption of children whose
biological fathers have not assumed responsibility for their children. A listing in the registry does not replace
or supersede the acknowledgment of paternity provisions of the vital statistics
regulations (7 NMAC 2.2) [now 7.2.2 NMAC].
[10/31/96;
Recompiled 10/31/01]
7.2.3.3 STATUTORY AUTHORITY: The regulations set forth here are
promulgated by the secretary of health by
the authority of Sections 24-1-3, 24-1-5 and 9-7-6 and implements the
Putative Father Registry (Section 32A-5-20 NMSA 1978) and shall be known as the
Putative Father Registry Regulations.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.4 DURATION: Permanent.
[10/31/96;
Recompiled 10/31/01]
7.2.3.5 EFFECTIVE DATE: 10-31-96, unless a later date is cited at
the end of a Section or Paragraph.
[10-31-96;
Recompiled 10/31/01]
[Compiler’s
note: The words or paragraph, above, are no longer applicable. Later dates are now cited only at the end of
sections, in the history notes appearing in brackets.]
7.2.3.6 OBJECTIVE: These regulations are promulgated pursuant
to statute for the purpose of installing, maintaining and operating the
putative father registry. The purpose
of the putative father registry is to protect the parental rights of fathers
who affirmatively assume responsibility for children they may have fathered and
to expedite adoption of children whose biological fathers are unwilling to
assume responsibility for their children by registering with the putative
father registry or otherwise acknowledging their children. The registry does not relieve the obligation
of mothers to identify known fathers.
The registry does not replace the filing of an acknowledgment of
paternity.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.7 DEFINITIONS: As used in these regulations:
A. “Bureau”
means the bureau of vital records and health statistics, which was formerly and
in statute referred to as the vital statistics bureau. (Vital Statistics Act, Section 24-14-1 et
sequens NMSA 1978 as amended)
B. “Putative
father registry” is a registry of the fathers who affirmatively assume or who
have been ordered by the court to assume responsibility for children they have
fathered and whose names and other information have been entered into the
registry pursuant to Section 32A-5-20 NMSA 1978.
C. “State
registrar” means the person appointed under Section 24-14-4 NMSA 1978 of the
Vital Statistics Act to fulfill the duties defined in Section 24-14-5 of the
Act.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.8 LOCATION OF THE REGISTRY AND
AUTHORITY FOR ITS OPERATION: The
putative father registry shall be located in the bureau. The state registrar shall be responsible for
its installation, operation and maintenance.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.9 WHO SHALL BE ENTERED INTO THE
REGISTRY: The names, addresses and other required information
of only the following persons shall be recorded in the registry:
A. any
person adjudicated by a court of this state to be the father of a child; or
B. any
person who has filed with the registry, before or after the birth of a child
out-of-wedlock, a notice of intent to claim paternity of the child; or
C. any
person who has filed with the registry an instrument acknowledging paternity;
or
D. any
person adjudicated by a court of another state or territory of the United
States to be the father of an out-of-wedlock child, when a certified copy of
the court order has been filed with the registry.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.10 WHO SHALL NOT BE ENTERED INTO
THE REGISTRY: Persons filing an affidavit of paternity
with the bureau under the provisions of the Vital Statistics Act or any other
legislation or regulations promulgated therefor will not be recorded in the
registry unless they meet the requirements set forth in Section 9 [now 7.2.3.9
NMAC] or specifically request their inclusion in the registry under Sections
9.2 - 9.4 [now Subsections B - D of 7.2.3.9 NMAC] of the regulations governing
the putative father registry.
Requestors must provide all information required by these regulations on
a form provided for that purpose by the state registrar.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.11 FILING AN ACKNOWLEDGMENT OF
PATERNITY WITH BUREAU DOES NOT ENTER NAME INTO PUTATIVE FATHER REGISTRY: Persons filing an acknowledgment of
paternity with the bureau under the Vital Statistics Act and regulations
promulgated for the Act will not be entered into the putative father registry
unless they meet the requirements set forth in Section 9.2 - 9.4 [now
Subsections B - D of 7.2.3.9 NMAC] of these regulations and provide the requisite
information described in Section 12 [now 7.2.3.12 NMAC].
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.12 HOW TO FILE WITH THE REGISTRY: The following must be provided to the bureau
by/for a person who is to be entered into the registry:
A. For
a father who is being entered as a result of a court order, a certified copy of
a court order from a court of competent jurisdiction ordering the inclusion of
the father’s name in the registry and the information called for in Section
12.3 [now Subsection C of 7.2.3.12 NMAC].
B. For
affirmative requests from persons requesting inclusion in the registry, a
signed notarized statement on a form provided by the bureau that he wishes to
be entered into the registry and the information specified in Section 12.3 [now
Subsection C of 7.2.3.12 NMAC] shall be provided.
C.
(1) The putative father’s full name, complete
address and complete telephone number; and
(2) The putative father’s date of birth and
place of birth, including state and county; and
(3) The date (or expected date) of birth of
the child for whom the registrant is affirmatively assuming responsibility, the
place (or expected place) of birth of the child and (if born) the child’s full
name; and
(4) The full maiden name of (and any other
name which may be used by) the mother of the child, her date and place of birth
if known and last known full address of the mother; and
(5) Other information as required by the
state registrar to make retrieval of the information possible and to serve the
ends for which the registry was created.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.13 CHANGE OF ADDRESS NOTIFICATION
AND FORM: It is the responsibility of the person
filing with the registry to notify the bureau of any change of address on a
form or in a format required by the bureau.
All requested information necessary to link the addressee with the child
shall be provided.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.14 REVOCATION OF INTENT TO CLAIM
PATERNITY: Any father who has filed a notice of intent
to claim paternity with the registry (but not fathers entered as a result of a court
order) may revoke his notice at any time by communicating his intent in writing
to the registry on the form prescribed by the state registrar. Upon receipt by the registry of the
notarized notice of revocation, the notice of intent to claim paternity shall
be removed from the registry and deemed never to have been registered. Court orders finding paternity and
acknowledgments of paternity filed under the Vital Statistics Act shall not be
affected by this regulation (Section 24-14-1 et sequens).
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.15 SEARCH OF THE REGISTRY: FOR
OTHER AGENCIES, COURTS, DEPARTMENTS, PETITIONER’S ATTORNEY OR MOTHER OF THE
CHILD:
A. The
department shall, upon request, provide the names and addresses of fathers
listed with the registry to any court of competent jurisdiction, department
that by law is authorized to take actions affecting the child’s health safety
or welfare, agency, the petitioner’s attorney or the mother of the child.
B. The
information shall not be divulged to any other person, except upon order of the
court for good cause shown.
C. If
the registry has not received a notice of intent to claim paternity or an
acknowledgment of paternity, the department shall provide a written statement
to that effect to the person making the authorized inquiry.
D. A
search of the registry is not a search of records maintained under the Vital
Statistics Act. Information relating to
acknowledgments of paternity or court ordered paternities filed before July 1,
1993 under the Vital Statistics Act (Chapter 24-14-1 et seq. NMSA 1978) will
not be a part of this search and information regarding these paternities shall
not be released under these regulations.
Acknowledgments of paternity filed after July 1, 1993 which are not
accompanied by an affirmative request for inclusion in the registry and court
ordered paternities which do not contain the information required by these
regulations will not be included in the registry.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.16 FORMS: Forms required to install, maintain and
operate the registry will be developed solely by the bureau. The forms are the property of the
bureau. Forms will be made available
upon request to the bureau of vital records and health statistics, New Mexico
department of health, P. O. Box 26110, Santa Fe, New Mexico 87502 or at any
subsequent address where the registry is maintained.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.17 FEES: There shall be no fee charged for
registering or revoking the intent to claim paternity of a child nor shall
there by any charge for individual forms requested by a prospective registrant.
A. The
fees for the search of the registry shall be as follows:
(1) Fee for a normal search and reply: The fee for a normal search of the registry,
completed within 10 working days of receipt if all information required to
located therecord has been provided, will be twelve dollars ($12.00.)
(2) Fee for an expedited search: The fee for an expedited search, which will
be competed within two working days, will be thirty-five dollars ($35.00). The cost of any credit card processing fee,
overnight delivery charge, fax service, cost of additional information search
or other service provided will be added to the thirty-five dollars ($35.00)
fee.
B. Other
fees: Any other fees required to
install, maintain or operate the registry shall be established by the state
registrar. Such fees shall be charged
pursuant to a list of fees published on or before July 1st of each year.
C. Payment
of fees: Payment of fees or estimated
fees shall be made prior to the search of the registry, release of information
or other service for which a fee is established. Fees may be paid by any method acceptable to the state registrar
of vital records.
D. A
service charge of $25.00 shall be imposed upon the maker of any dishonored
check. No service shall be provided to
any person or firm who has uncollectible obligations or who has failed to pay
for prior services while those obligations to the state attorney general or any
other party for collection at her discretion.
E. Fees
collected in the provision of this service shall be paid to the bureau of vital
records and health statistics. These
fees shall be used to install, maintain and operate the registry and will be
deposited into a bureau revenue account established for that purpose.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.18 PENALTIES: Any person who intentionally and unlawfully
releases information from the putative father registry to the public or makes
any other unlawful use of the information in violation of the provisions of
this section is guilty of a petty misdemeanor and shall be sentenced pursuant
to the provisions of Section 31-19-1 NMSA 1978.
[9/7/94,
10/31/96; Recompiled 10/31/01]
7.2.3.19 OTHER LAW AND REGULATIONS: These regulations are subject to the
provisions of the department of health’s regulations governing the promulgation
of regulations, regulations and statutes governing public access to department
records and the Vital Statistics Act.
[9/7/94,
10/31/96; Recompiled 10/31/01]
HISTORY
OF 7.2.3 NMAC:
Pre-NMAC
History: The material in this part was
derived from that previously filed with the State Records Center:
DOH
94-07 (PHD), Regulations Governing Putative Father Registry, 9/7/94.
History
of Repealed Material: [RESERVED]