OAG 40-32.

• Case Date: August 13, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-32. 38OPINION NO. 40-32[20 Or. Op. Atty. Gen. 38]If a child is born outside of the state and adopted in Oregon, it is not necessary to issue a birth certificate, since the adoption decree states the date and place of birth, and must be accepted in all courts as prima facie evidence thereof.State board of health must accept a birth certificate issued by a county judge and issue a certified copy thereof as otherwise provided by law.August 13, 1940.Dr. Frederick D. Stricker,State Health Officer. Dear Sir: In your letter of July 24, 1940, you refer to § 59-1213, Oregon Code 1930, as amended by chapter 316, Oregon Laws, 1939, and request my opinion on the following questions:

"If the birth occurs outside of the state of Oregon but the child is adopted in this state, should we issue a birth certificate, inasmuch as we have no record of the original birth certificate?

"If there is no record of the birth, but record of adoption is filed with us, should we issue a certified copy of a birth certificate?"

Section 59-1212, Oregon Code 1930, provides:

"All births that occur in this state shall be immediately registered in the districts in which they occur, as hereinafter provided."

Said § 59-1213, as amended, provides in part:

"It shall be the duty of the attending physician or midwife to file a certificate of birth, properly and completely filled out, giving all the particulars required by this act, with the local registrar of the district in which the birth occurred, within 10 days after the date of birth; provided, however, that a certificate of an illegitimate birth shall be filed with the state board of health and not with the registrar of

39 the district in which it occurred. * * * Whenever a decree of adoption is entered in any court of competent jurisdiction in the state of Oregon a record of adoption shall be filed with the state board of health on a form prepared by the state board of health. This record shall bear the name of the child, the name of the foster parents and the date and place of birth as nearly as may be known, but it shall make no reference to the natural parents. This record of adoption shall be filed with the birth records of the state and certified copies shall be issued upon request. Such certified copies shall be accepted in all courts and places as prima...