New Certificate Through Legitimation

PURPOSE: This rule defines the documentation required to legitimate a birth record. (1) If the mother marries the natural father after the birth of their child, a new birth certificate can be created by the mother furnishing certified copies of her marriage license or marriage certification to the natural father. If the mother previously was married, certified copies of other marriage licenses or marriage certification also shall be furnished. Notarized affidavits shall be signed by the mother and father. (A) If the father is deceased, a notarized affidavit is required from one (1) of the alleged father’s parents or his brother or sister stating that s/he believes him to be the father of the child based on an oral or written statement of the man. A certified copy of the father’s death certificate also is required. (B) If the mother is deceased, an affidavit is required from one (1) of the mother’s parents or her brother or sister stating that s/he believes the man to be the father of the child based on an oral or written statement of the man. A certified copy of the mother’s death certificate also is required. (2) A court-ordered legitimation shall be obtained when the requirements of section (1) of this rule cannot be met. The court shall find that the natural parents are or were legally married and state the date and place of marriage. The order also shall give the natural father’s full name, date of birth, state of birth, race and Social Security number, and the natural mother’s date of birth and Social Security number in order to establish a new birth certificate by legitimation. If the child’s surname is to be changed to the father’s surname, the order also shall indicate this change. AUTHORITY: section 193.135, RSMo 1986.* This rule was previously filed as 19 CSR 30-10.120. Original rule filed Jan. 24, 1992, effective June 25, 1992. Changed to 19 CSR 10-10.120 July 30, 1998. *Original authority: 193.135, RSMo 1984.