New Jersey Administrative Code, Title 8

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Chapter 2 BIRTH CERTIFICATES

Subchapter 1 CREATION OF A RECORD OF LIVE BIRTH AND A CERTIFICATE OF BIRTH RESULTING IN STILLBIRTH

N.J. Admin. Code § 8:2-1.1 Purpose and scope

These rules create the record of live birth and the Certificate of Birth Resulting in Stillbirth. The rules also permit the parents, at the time of birth, to choose any name for their child without restrictions, except for names which contain obscenities, numerical characters, or symbols. The rules set forth the options open to a parent in the naming of the child, and in the event of a stillbirth, the option not to name the child, and clarify whom the informant of the birth information should be.

History

• Amended by R.2005 d.209, effective 7/5/2005.
• See: 37 New Jersey Register 172(b), 37 New Jersey Register 2504(a).
• Rewrote the section.

N.J. Admin. Code § 8:2-1.2 Definitions

The following words and terms, as used in this chapter, shall have following meanings, unless the context clearly indicates otherwise.

"Certificate of Birth Resulting in Stillbirth" means a certificate created from the information obtained from the fetal death certificate at the request of the parent of a stillborn child where the fetal death has been registered with the Department of Health and Senior Services.

"Certified copy" means a copy of a vital record issued on a special type of safety paper containing a variety of security features and stamped with the raised seal of the State of New Jersey or the seal of the municipality or county where the copies are issued, and verified by the Office of the State Registrar as true and correct.

"Certification" means a document containing information obtained from a vital record made available for informational purposes only. It cannot be used for proof of identity or for legal purposes. It is created on plain bond paper without the raised seal of the State of New Jersey or the seal of the municipality or county where the certifications are issued.

"Commissioner" means the State Commissioner of Health and Senior Services.

"Department" means the New Jersey State Department of Health and Senior Services.

"Fetal death" or "stillbirth" means death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of the pregnancy; the death is indicated by the fact that after such expulsion, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.

"Genealogical records" means vital records traditionally requested for the purpose of obtaining the lineage of a person, family, or group from a family. Records of birth are considered genealogical after 80 years have passed from the date of birth.

"Identify" means to provide, by way of approved application, letter, or facsimile, detailed proof of knowledge of the vital record being requested and must include at a minimum, all information requested on the Vital Statistics and Registration application form.

"Informant" means the name of the individual providing the personal particulars for the preparation of the birth certificate.

"Licensed health care professional" means a physician, physician assistant, advanced practice nurse, registered nurse, licensed practical nurse, or any other health care professional licensed under Title 45 of the New Jersey Statutes or analogous statutes in other states. The licensed health care professional need not be the individual who performed the delivery in order to transmit the parent's written request for a Certificate of Birth Resulting in Stillbirth to the State Registrar pursuant to N.J.A.C. 8:2-1.3.

"Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of the pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps."

"Local registrar" or "municipal registrar" means the local registrar of vital statistics of any district.

"State Registrar" means the New Jersey State Registrar of Vital Statistics.

"Surname" means the last complete name on a birth certificate without a hyphen or both names including the hyphen if the last names on the birth certificate are hyphenated.

"Vital record" means the birth, death, fetal death, marriage and domestic partnership records from which vital statistics are produced.

"Vital statistics" means statistics concerning births, deaths, fetal deaths, marriages and domestic partnerships established pursuant to P.L. 2003, c. 246 (N.J.S.A. 26:8A-1 et seq.).

History

• Amended by R.2005 d.209, effective 7/5/2005.
• See: 37 New Jersey Register 172(b), 37 New Jersey Register 2504(a).
• Added "Certificate of Birth Resulting in Stillbirth", "Certified copy", "Certification", "Fetal death", "Genealogical records", "Identify", "Licensed health care professional", "Live birth", "Local registrar", "Vital record" and "Vital statistics".

N.J. Admin. Code § 8:2-1.5 Names of parents

(a) The woman giving birth shall be recorded as a parent.

(b) If the birthing parent is married at the time of the birth, or was married and the child was born within 300 days after the marriage was terminated by death, annulment or divorce, the spouse's name shall be listed on the birth record unless the spouse denies parentage and both the husband and wife agree and acknowledge the denial in writing on the Affidavit of Denial of Paternity form.

(c) If the birthing parent is not married, and was not married within 300 days of the birth, the name of the father should be provided. The name provided by the informant will only be entered on the birth record if both parents acknowledge the child in writing.

(d) The name recorded for either parent may be changed by order of a court of competent jurisdiction.

History

• Recodified from N.J.A.C. 8:2-1.4 by R.2005 d.209, effective 7/5/2005.
• See: 37 New Jersey Register 172(b), 37 New Jersey Register 2504(a).
• Former N.J.A.C. 8:2-1.5, Informant, recodified to N.J.A.C. 8:2-1.6.