Vital Statistics Act

Ark. Code Ann. tit. 20, ch. 18

in effect

Ark. Code Ann. § 20-18-101 Title.

This chapter may be cited as the “Vital Statistics Act”.

Ark. Code Ann. § 20-18-102 Definitions.

As used in this chapter: (1) “Board” means the State Board of Health; (2) “Date of filing” means the date a vital record is accepted for registration by the Division of Vital Records of the Department of Health; (3) “Dead body” means a human body or parts of a human body from the condition of which it reasonably may be concluded that death occurred; (4)(A) “Fetal death” means death prior to the complete expulsion or extraction from its mother of a product of human conception irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after the expulsion or extraction, 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 shall be distinguished from the transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps. (B) “Induced termination of pregnancy” means the purposeful interruption of pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth, except that this definition excludes management of prolonged retention of products of conception following fetal death. (C) “Spontaneous fetal death”, “stillbirth”, or “miscarriage” means the expulsion or extraction of a product of human conception resulting in other than a live birth and which is not an induced termination of pregnancy; (5) “File” means the presentation and acceptance of a vital record provided for in this chapter for registration by the Division of Vital Records; (6) “Final disposition” means the burial, interment, cremation, removal from Arkansas, or other authorized disposition of a dead body or fetus; (7) “Institution” means any establishment, public or private, which provides inpatient or out-patient medical, surgical, or diagnostic care or treatment or nursing, custodial, or domiciliary care, or to which persons are committed by law; (8) “Live birth” means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after the 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 shall be distinguished from transient cardiac contractions. Respirations shall be distinguished from fleeting respiratory efforts or gasps; (9) “Physician” means a person authorized or licensed to practice medicine, chiropractic, or osteopathy pursuant to the laws of this state; (10) “Registration” means the process by which vital records are completed, filed, and incorporated into the official records of the Division of Vital Records; (11) “State registrar” means the State Registrar of Vital Records; (12) “System of vital statistics” includes the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto, including the tabulation, analysis, publication, and dissemination of vital statistics; (13) “Vital records” means certificates or reports of birth, death, marriage, divorce, or annulment and the data related thereto; (14) “Vital reports” means reports of fetal death and induced termination of pregnancy and data related thereto; and (15) “Vital statistics” means the data derived from certificates and reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and related reports but does not mean or include the unintentional destruction of a fetus in performance of the surgical procedure dilation and curettage.

Ark. Code Ann. § 20-18-103 Applicability.

The provisions of this chapter also apply to all certificates of birth, death, marriage, divorce, or annulment and to reports of fetal death and induced termination of pregnancy previously received by the Division of Vital Records of the Department of Health and in the custody of the Department of Health.

Ark. Code Ann. § 20-18-105 Penalties.

(a) The following persons shall be punished by a fine of not more than ten thousand dollars ($10,000) or by imprisonment for not more than five (5) years, or both: (1) Any person who knowingly makes any false statement in a certificate, record, or report required to be filed under this chapter, or in an application for an amendment thereof or in an application for a certified copy of a vital record or who knowingly supplies false information intending that the information be used in the preparation of any report, record, or certificate, or amendment thereof; (2) Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed under this chapter or a certified copy of the certificate, record, or report; (3) Any person who knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another for any purpose of deception any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated or which is false in whole or in part or which relates to the birth of another person, whether living or deceased; (4) Any employee of the Division of Vital Records or any office designated under § 20-18-203(b) who knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge that it be used for the purposes of deception; and (5) Any person who without lawful authority possesses any certificate, record, or report required by this chapter or a copy or certified copy of the certificate, record, or report knowing that it has been stolen or otherwise unlawfully obtained. (b) The following persons shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both: (1) Any person who knowingly refuses to provide information required by this chapter or rules adopted pursuant to this chapter; (2) Any person who knowingly transports or accepts for transportation, interment, or other disposition, a dead body without an accompanying permit as provided in this chapter; or (3) Any person who knowingly neglects or violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter.

Ark. Code Ann. § 20-18-201 Division of Vital Records.

(a) There is established in the Department of Health a Division of Vital Records which shall install, maintain, and operate the only system of vital statistics throughout this state. (b) The division shall be provided with sufficient staff, suitable offices, and other resources for the proper administration of the statewide system of vital statistics and for the preservation and security of its official records.

Ark. Code Ann. § 20-18-202 Regulatory powers of the State Board of Health.

The State Board of Health may adopt, amend, and repeal rules for the purpose of carrying out this chapter. All rules adopted under this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Ark. Code Ann. § 20-18-203 State Registrar of Vital Records.

(a) The Secretary of the Department of Health shall appoint the State Registrar of Vital Records. (b)(1) The state registrar shall: (A) Administer and enforce this chapter and the rules issued under this chapter and issue instructions for the efficient administration of the statewide system of vital statistics; (B) Direct and supervise the statewide system of vital statistics and the Division of Vital Records and be custodian of its records; (C) Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the statewide system of vital statistics; (D) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics; (E) Prescribe, with the approval of the State Board of Health, furnish, and distribute forms required by this chapter and the rules issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate registration; (F) Prepare and publish in a timely manner annual reports of vital statistics of this state and such other reports as may be required by the board; and (G) Provide in a timely manner to local health agencies, and for public releases, copies of data derived from certificates and reports required under this chapter, as deemed necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. (2) The state registrar may establish or designate additional offices in the state to aid in the efficient administration of the statewide system of vital statistics. (3) The state registrar may delegate functions and duties vested in him or her to employees of the division and to employees of an office established or designated under subdivision (b)(2) of this section. (4)(A) The state registrar shall provide copies of certificates or reports required under this chapter or data derived from such certificates or reports, as deemed necessary, to the Arkansas Center for Health Statistics of the Department of Health for statistical analysis and presentation. (B) The state registrar shall establish a schedule for the transmittal with the division. (C) The records or data shall remain the property of the division, and the uses which may be made of the records or data shall be governed by the state registrar. (D) A schedule for the disposition of the certificates, reports, or data provided under this subdivision (b)(4) shall be established by the state registrar. (5) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar may match birth and death certificates, in accordance with rules, which require proof beyond a reasonable doubt of the fact of death and to post the facts of death to the appropriate birth certificate and mark the birth certificate “Deceased”. Copies issued from birth certificates of deceased persons shall be similarly marked.

Ark. Code Ann. § 20-18-301 Content of certificates and reports.

(a) In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of certificates, reports, and records required by this chapter or by rules adopted under this chapter shall include as a minimum the items recommended by the federal agency responsible for national vital statistics. (b) Each certificate, report, record, and form required by this chapter shall be prepared in the format approved by the State Registrar of Vital Records. (c) All vital records and reports shall contain the date of filing. (d) Information required in certificates, reports, records, or forms authorized by this chapter may be filed, verified, registered, and stored by photographic, electronic, or other means as prescribed by the state registrar.

Ark. Code Ann. § 20-18-302 Persons required to keep records.

(a)(1) Every person in charge of an institution as defined in this chapter shall keep a record of personal data concerning each person admitted or confined to the institution. (2) The record shall include such information as required by the certificates of birth and death and the reports of fetal death and induced termination of pregnancy forms required by this chapter. (3) The record shall be made at the time of admission from information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record. (b) When a dead body is released or disposed of by an institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and address of the person to whom the dead body or fetus is released, and date of removal from the institution or if finally disposed of by the institution, the date, place, and manner of disposition shall be recorded. (c) A funeral director, embalmer, sexton, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other report required by this chapter or rules promulgated under this chapter, shall keep a record which shall identify the dead body, and such information pertaining to the receipt, removal, and delivery of the dead body as may be required in rules adopted by the State Board of Health. (d) Records maintained under this section shall be retained for a period of not less than one (1) year and shall be made available for inspection by the State Registrar of Vital Records or his or her representative upon demand.

Ark. Code Ann. § 20-18-303 Duty to furnish information.

(a) Any person having knowledge of the facts shall furnish such information as he or she may possess regarding any birth, death, spontaneous fetal death, induced termination of pregnancy, marriage, divorce, or annulment upon demand of the State Registrar of Vital Records. (b) Any person or institution that in good faith provides information required by this chapter or rules promulgated under this chapter shall not be subject to any action for damages. (c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall send to the Division of Vital Records a list showing all births and deaths occurring in that institution during the preceding month. The lists shall be on forms approved by the state registrar. (d) Not later than the tenth day of the month following the month of occurrence, each funeral director shall send to the division a list showing all dead bodies embalmed or otherwise prepared for final disposition or dead bodies finally disposed of by the funeral director during the preceding month. The list shall be made on forms provided by the state registrar.

Ark. Code Ann. § 20-18-304 Disclosure of information prohibited — Exceptions.

(a) To protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of or to disclose information contained in vital records or vital reports or to copy or issue a copy of all or part of any vital record or vital report except as authorized by this chapter and by rule or by order of a court of competent jurisdiction. (b)(1) The State Board of Health may authorize by rule the disclosure of information contained in vital records for research purposes. (2) The rules shall provide for adequate standards of security and confidentiality of vital records and vital reports. (3)(A) Disclosure of information which may identify any person or institution named in any vital record or vital report may be made only pursuant to rules which require submission of written requests for information by researchers and execution of agreements that protect the confidentiality of the information provided. (B) The agreements shall prohibit the release by the researcher of any information that might identify any person or institution other than releases that may be provided for in the agreement. (4) Nothing in this section prohibits the release of information or data which would not identify any person or institution named in a vital record or vital report. (c)(1) Appeals from decisions of custodians of vital records or vital reports designated under § 20-18-203(b) who refuse to disclose information from vital records or vital reports as prescribed by this section and the rules issued under this section shall be made to the State Registrar of Vital Records, whose decision shall be binding upon such custodians. (2) Within three (3) working days of the receipt of an appeal of a decision of a custodian of a vital record or vital report designated under § 20-18-203(b), the state registrar shall issue a decision on the appeal. (d)(1) The state registrar shall send to the county assessor of each county within this state a monthly report listing the residents of that county who have died. (2) The report shall be sent to each county assessor by email.

Ark. Code Ann. § 20-18-305 Issuance of certified copies and data from system of vital statistics.

In accordance with § 20-18-304 and the rules adopted pursuant to § 20-18-304 : (1)(A) The State Registrar of Vital Records and other custodians of vital records designated by the state registrar under § 20-18-203(b)(2) shall upon receipt of written application issue a certified copy of a vital record in their custody or a part thereof to the registrant, his or her spouse, child, parent, or guardian or his or her respective authorized designated representative. (B) A requester as defined in § 9-9-801 is authorized to obtain a certified copy of an adoptee's original certificate of birth. (C) Others may be authorized to obtain certified copies when they demonstrate that the vital record is needed for the determination or protection of their personal or property rights. (D) The State Board of Health may adopt rules to further define those who may obtain copies of vital records filed under this chapter; (2) All forms and procedures used in the issuance of certified copies of vital records in the state shall be uniform and approved by the state registrar. All certified copies issued shall have security features that deter persons from altering, counterfeiting, duplicating, or simulating the document; (3) Each copy or abstract issued shall show the date of registration and copies or abstracts issued from records marked “Delayed”, “Amended”, or “Certificate of Foreign Birth” shall be similarly marked and show the effective date; (4) A certified copy or other copy of a death certificate containing cause-of-death information shall not be issued except as follows: (A) Upon specific request of a spouse, child, parent, or other next of kin of the decedent or an authorized representative; (B) When a documented need for the cause of death to establish a legal right or claim has been demonstrated; (C) When the request for the copy is made by or on the behalf of an organization that provides benefits to the decedent's survivors or beneficiaries; (D) Upon specific request by local, state, or federal agencies for research or administrative purposes approved by the state registrar; (E) When needed for research activities approved by the state registrar; or (F) Upon receipt of an order from a court of competent jurisdiction ordering the release; (5) A certified copy of a vital record or any part thereof issued in accordance with subdivision (1) of this section shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or vital record filed more than one (1) year after the event, or a vital record which has been amended, or a certificate of foreign birth shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence; (6) The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics. The state registrar shall enter into an agreement with the federal agency that specifies the statistical or research purposes for which the records, reports, or data may be used. The agreement shall also set forth the support to be provided by the federal agency for the collection, processing, and transmission of such records, reports, or data. Upon written request of the federal agency, the state registrar may approve in writing additional statistical or research uses of the records, reports, or data supplied under the agreement; (7) Upon request, federal, state, local, and other public government agencies may be furnished copies of records, reports, or data, provided that the copies or data shall be used solely in the conduct of their official duties; (8)(A)(i) By agreement, the state registrar may transmit copies of records and other reports required by this chapter to offices of vital statistics outside this state when the records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. (ii) The agreement shall require that the transcripts be used for statistical and administrative purposes only as specified in the agreement. (iii) The agreement shall provide instruction for the proper retention and disposition of copies. (B) Copies received from other jurisdictions by the Division of Vital Records shall be handled in the same manner as prescribed in this subdivision (8); (9) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, divorce, or annulment, the records of these events in the custody of the state registrar shall become available to the public without restriction, in accordance with rules which shall provide for the continued safekeeping of the records; (10) Nothing in this section shall be construed to permit disclosure of information contained in the “Information for Medical and Health Use Only” section of the birth certificate or the “Information for Statistical Purposes Only” section of the certificate of marriage or certificate of divorce or annulment, unless specifically authorized by the state registrar for statistical or research purposes; (11) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this chapter or rules adopted pursuant to this chapter; and (12) When the state registrar receives information that a certificate may have been registered through fraud or misrepresentation, he or she shall withhold issuance of any copy of that certificate pending an administrative hearing to determine whether fraud or misrepresentation has occurred. The state registrar shall offer the registrant or the registrant's authorized representative notice and opportunity to be heard. If upon conclusion of the hearing no fraud or misrepresentation is found, copies may be issued. If upon conclusion of the hearing, fraud or misrepresentation is found, the state registrar shall remove the certificate from the file. The certificate and evidence shall be retained but shall not be subject to inspection or copying, except upon order of a court of competent jurisdiction or by the state registrar for purposes of administering the vital statistics program.

Ark. Code Ann. § 20-18-307 Amendment of vital records and reports.

(a) A certificate, vital report, or vital record registered under this chapter may be amended only in accordance with this chapter and rules adopted by the State Board of Health to protect the integrity and accuracy of vital records and vital reports. (b)(1) A certificate, vital report, or vital record that is amended under this section shall be marked “Amended”. The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report. (2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended. (c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of the person or his or her parents, guardian or legal representative, the State Registrar of Vital Records shall amend the certificate of birth to show the new name. (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the individual's name has been changed, the certificate of birth of the individual shall be amended accordingly. (e) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action. The state registrar shall advise the applicant of his or her right of appeal to a court of competent jurisdiction. (f) When a certificate or record is amended under this section by the state registrar, the state registrar shall report the amendment to any other custodian of the vital record, and the vital record shall be amended accordingly. (g) When an amendment is made to a certificate of marriage, divorce, or annulment by the local official issuing the marriage license or the court entering the decree of divorce or annulment, copies of the amendment shall be forwarded to the state registrar.

Ark. Code Ann. § 20-18-308 Reproductions of records and files.

(a) To preserve vital records, the State Registrar of Vital Records may prepare typewritten, photographic, electronic, or other reproductions of original records and files in the Division of Vital Records. (b) When verified and approved by the state registrar, the reproductions shall be accepted as the original records. (c) The documents from which permanent reproductions have been made may be disposed of as provided by rule.

Ark. Code Ann. § 20-18-401 Birth registration generally.

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the Division of Vital Records of the Department of Health, or as otherwise directed by the State Registrar of Vital Records, within ten (10) days after the birth and shall be registered if it has been completed and filed in accordance with this section. (b)(1) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place, time, and date stated on the certificate either by signature or in an approved electronic process, and file the certificate as directed in subsection (a) of this section. (2) The physician, certified nurse midwife, or other person in attendance shall provide the medical information required by the certificate within seventy-two (72) hours after the birth. (c) When a birth occurs outside an institution: (1) The certificate shall be prepared and filed by one (1) of the following in the indicated order of priority: (A) The physician or certified nurse midwife in attendance at or immediately after the birth, or in the absence of such a person; (B) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or (C) The father, the mother, or in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred; and (2) The division shall determine what evidence may be required to establish the fact of birth. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be determined. (e) For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (f) of this section. (f)(1) If the mother was married at the time of either conception or birth or between conception and birth the name of the husband shall be entered on the certificate as the father of the child, unless: (A) Paternity has been determined otherwise by a court of competent jurisdiction; or (B) The mother executes an affidavit attesting that the husband is not the father and that the putative father is the father, and the putative father executes an affidavit attesting that he is the father and the husband executes an affidavit attesting that he is not the father. Affidavits may be joint or individual or a combination thereof, and each signature shall be individually notarized. In such event, the putative father shall be shown as the father on the certificate and the parents may give the child any surname they choose. (2) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall not be entered on the certificate of birth without an affidavit of paternity signed by the mother and the person to be named as the father. The parents may give the child any surname they choose. (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth in accordance with the finding and order of the court. (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate. (g) Either of the parents of the child or other informant shall verify by signature or electronic process the accuracy of the personal data to be entered on the certificate in time to permit the filing of the certificate within the ten (10) days prescribed in this section. (h) Certificates of birth filed after ten (10) days but within one (1) year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed in this section. Such certificates shall not be marked “Delayed”. The state registrar may require additional evidence in support of the facts of birth.

Ark. Code Ann. § 20-18-402 Delayed registration of birth.

(a) When the certificate of birth of a person born in the state has not been filed within one (1) year, a delayed certificate of birth may be filed in accordance with rules of the State Board of Health. No delayed certificate shall be registered until the evidentiary requirements as specified in rules have been met. (b) The birth shall be registered on a delayed certificate of birth form and the form shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration. (c) No delayed certificate of birth shall be registered for a deceased person. (d)(1) When an applicant does not submit the minimum documentation required in the rules for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and, if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of birth and shall advise the applicant of the reasons for this action. The state registrar shall further advise the applicant of his or her right of appeal to a court of competent jurisdiction. (2) The board may by rule provide for the dismissal of an application which is not actively prosecuted.

Ark. Code Ann. § 20-18-403 Judicial procedure to register birth.

(a) If the State Registrar of Vital Records refuses to file a certificate of birth under § 20-18-401 or § 20-18-402, a petition may be filed with a court of competent jurisdiction for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered. (b) The petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege: (1) That the person for whom a delayed certificate of birth is sought was born in this state; (2) That no certificate of birth of the person can be found in the Division of Vital Records; (3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with § 20-18-401 or § 20-18-402 and rules adopted pursuant to § 20-18-401 or § 20-18-402; (4) That the state registrar has refused to file a certificate of birth; and (5) Such other allegations as may be required. (c) The petition shall be accompanied by a statement of the state registrar made in accordance with § 20-18-401 or § 20-18-402 and all documentary evidence which was submitted to the state registrar in support of the registration. (d) The court shall fix a time and place for hearing the petition and shall give the state registrar ten (10) days' notice of the hearing. The state registrar or his or her authorized representative may appear and testify in the proceeding. (e) If the court finds from the evidence presented that the person for whom a certificate of birth is sought was born in the state, the court shall make findings as to the place and date of birth, parentage, and other findings as the case may require and shall issue an order on a form prescribed and furnished or approved by the state registrar to establish a court-ordered certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented, and the date of the court's action. (f) The clerk of court shall forward each order to the state registrar not later than the tenth day of the calendar month following the month in which it was entered. The order shall be registered by the state registrar and shall constitute the court-ordered certificate of birth.

Ark. Code Ann. § 20-18-404 Infants of unknown parentage.

(a) Whoever assumes the custody of a live-born infant of unknown parentage shall report on a form and in a manner prescribed by the State Registrar of Vital Records within ten (10) days to the Division of Vital Records the following information: (1) The date and city or county, or both, of finding; (2) Sex and approximate birth date of child; (3) Name and address of the person or institution with whom the child has been placed for care; (4) Name given to the child by the custodian of the child; and (5) Other data required by the state registrar. (b) The place where the child was found shall be entered as the place of birth. (c) A report registered under this section shall constitute the certificate of birth for the child. (d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.

Ark. Code Ann. § 20-18-406 New certificates.

(a) The State Registrar of Vital Records shall establish a new certificate of birth for a person born in this state when he or she receives the following: (1) A certificate of adoption as provided in § 9-9-219, or a certificate of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. However, a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person; or (2) A request that a new certificate be established and any evidence, as required by rule, proving that the person has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person or that both parents have acknowledged the paternity of the person and request that the surname be changed from that shown on the original certificate. (b) When a new certificate of birth is established, the actual city or county, or both, and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity determination, or legitimation shall not be subject to inspection except upon order of an Arkansas court of competent jurisdiction or as provided by rule or under § 9-9-803. (c) Upon receipt of a report of an amended certificate of adoption, the certificate of birth shall be amended as provided by rule. (d) Upon receipt of a report of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule. (e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth. (f)(1) Upon request, the state registrar shall prepare and register an Arkansas certificate of birth for a person born in a foreign country, who is not a citizen of the United States, and for whom a final order of adoption has been entered in a court of competent jurisdiction in Arkansas when he or she receives the following: (A) A certificate of adoption as provided in § 9-9-219; (B) Proof of the date and place of the adopted child's birth; and (C) A request by the court decreeing the adoption, the adoptive parents, or the adopted person if eighteen (18) years of age or older. (2) After preparation of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption. This certificate shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law. (3) The birth certificate shall show the actual foreign country of birth and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued. (g) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in § 20-18-402 or § 20-18-403 before a new certificate of birth is established. The new certificate of birth shall be prepared on the delayed birth certificate form. (h) When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar as he or she shall direct.

Ark. Code Ann. § 20-18-407 Social Security account information of parents.

(a) Social Security account information of parents of a child born within this state shall be furnished to the Division of Vital Records of the Department of Health at the time of filing the certificate of birth, but such information shall not appear on the certificate. (b) The Division of Vital Records shall make available the records of parent name and Social Security number to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for its use in the establishment of paternity or the enforcement of child support orders through electronic transfer mechanism. Such a disclosure shall constitute an exception to the prohibitions within § 20-18-304. (c) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation.

Ark. Code Ann. § 20-18-408 Notice to parents regarding affidavits of paternity.

Upon the birth of a child to a woman who was unmarried at the time of either conception or birth or between conception and birth, the person responsible under § 20-18-401 for providing birth registration information shall: (1) Provide an opportunity for the child's mother and natural father to complete an affidavit acknowledging paternity, to include such information as is required by the court to establish paternity and establish a child support obligation and to be filed with the Division of Vital Records; (2) Provide written information, furnished by the Office of Child Support Enforcement, to the child's mother and natural father explaining the implications of signing an affidavit of paternity and parental rights and responsibilities; and (3) Provide written information, furnished by the office, to the child's mother regarding the benefits of having her child's paternity established and the availability of paternity establishment services, including a request for child support enforcement services.

Ark. Code Ann. § 20-18-409 Disclosure of affidavits.

(a) The hospital, birthing center, certified nurse practitioner, or licensed midwife shall make available to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration completed affidavits of paternity. Such a disclosure shall constitute an exception to the general prohibition under § 20-18-304. (b) Information obtained by the office pursuant to this section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation or collecting the child support obligation. (c)(1)(A) The Division of Children and Family Services of the Department of Human Services may obtain a certified copy of a completed affidavit of paternity from the Division of Vital Records of the Department of Health. (B) The disclosure of the affidavit is exempted under § 20-18-304. (2) Information obtained by the Division of Children and Family Services of the Department of Human Services under subdivision (c)(1)(A) of this section may be used in an action before a circuit court for the purpose of identifying a parent in a dependency-neglect proceeding under § 9-35-102.

Ark. Code Ann. § 20-18-410 Certificate of birth resulting in stillbirth — Definitions.

(a) As used in this section: (1) “Certificate of birth resulting in stillbirth” means a birth certificate issued to record the birth of a stillborn child; and (2) “Stillbirth” means an unintended, intrauterine fetal death occurring in this state after a gestational age of not less than twelve (12) completed weeks. (b) A person who is required to file a fetal death certificate under § 20-18-603 shall advise the parent or parents of a stillborn child: (1) That a parent may but is not required to request the preparation of a certificate of birth resulting in stillbirth; (2) That a parent may obtain a certificate of birth resulting in stillbirth by contacting the Division of Vital Records to request the certificate and paying the required fee; and (3) Regarding the way in which a parent may contact the division to request the certificate of birth resulting in stillbirth. (c)(1) If a parent requests that a certificate of birth resulting in stillbirth be prepared, the parent may provide a name for a stillborn child to be included on the certificate of birth resulting in stillbirth. (2) If the requesting parent does not wish to provide a name, the division shall fill in the certificate with the name “baby boy” or “baby girl” and the last name of the requesting parent. (3) The name of the stillborn child provided on or later added by amendment to the certificate of birth resulting in stillbirth shall be the same name as appears on the original or amended fetal death certificate. (d) A certificate of birth resulting in stillbirth shall include the state file number of the corresponding fetal death certificate. (e) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate. (f) The division shall not use a certificate of birth resulting in stillbirth to calculate live birth statistics. (g) If a fetal death certificate was issued for a stillbirth, a parent may request that the division issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death certificate was issued. (h) The division shall prescribe the form and content of a certificate of birth resulting in stillbirth. (i) A parent may request the division to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on or before July 31, 2007.

Ark. Code Ann. § 20-18-501 Marriage registration.

(a) A record of each marriage performed in this state shall be filed with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section. (b) The official who issues the marriage license shall prepare the record on the form prescribed by the State Registrar of Vital Records upon the basis of information obtained from one (1) of the parties to be married. (c) Every person who performs a marriage shall certify the fact of marriage and return the record to the official who issued the license within fifteen (15) days after the ceremony. (d) Every official issuing marriage licenses shall complete and forward to the division on or before the thirtieth day of each calendar month the records of marriages filed with him or her during the preceding calendar month. (e) A marriage record not filed within the time prescribed by statute may be registered in accordance with rules promulgated by the State Board of Health.

Ark. Code Ann. § 20-18-502 Divorce or annulment registration.

(a)(1) For each divorce or annulment granted by any court in this state, a record shall be filed by the clerk of court with the Division of Vital Records and shall be registered if it has been completed and filed in accordance with this section. (2) The record shall be prepared on a form prescribed and furnished by the State Registrar of Vital Records by the petitioner or his or her legal representative and shall be presented to the clerk of court with the petition. (3) In all cases, the completed record shall be a prerequisite to the entry of the decree. (b) The clerk of court shall complete and forward to the division on or before the thirtieth day of each calendar month the records of each divorce or annulment filed with him or her during the preceding calendar month.

Ark. Code Ann. § 20-18-601 Registration generally.

(a)(1) A death certificate for each death that occurs in this state shall be filed with the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records within ten (10) days after the death or the finding of a dead body and shall be registered if the death certificate has been completed and filed in accordance with this section. (2) A fact-of-death record for each death that occurs in this state shall be filed with the division within three (3) calendar days after the death or the finding of a dead body. (3)(A) If the place of death is unknown but the dead body is found in this state, the death certificate shall be completed and filed in accordance with this section. (B) The place where the dead body is found shall be shown as the place of death. (C)(i) If the date of death is unknown, it shall be determined by approximation. (ii) If the date cannot be determined by approximation, the date found shall be entered and identified as such. (4)(A) If a death occurs in a moving conveyance in the United States and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, and the place where the dead body is first removed shall be considered the place of death. (B) If a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the dead body is first removed from the conveyance in this state, the death shall be registered in this state, but the certificate shall show the actual place of death insofar as the place of death can be determined. (C) In all other cases, the place where death is pronounced shall be considered the place where death occurred. (b) The funeral director or the person acting as the funeral director who first assumes custody of the dead body shall: (1) File the death certificate and fact-of-death record; (2) Obtain the personal data from the next of kin or the best qualified person or source available; (3) Obtain the medical certification from the person responsible for the medical certification, as set forth in subsection (c) of this section; and (4) Provide a death certificate that contains sufficient information to identify the decedent to the certifier. (c)(1)(A)(i) The medical certification shall be completed, signed, and returned to the funeral director within three (3) business days after receipt of the death certificate by the physician or certified nurse midwife in charge of the patient's care for the illness or condition that resulted in death, except when inquiry is required by § 12-12-315, § 12-12-318, or § 14-15-301 et seq. (ii) Except as provided in subsection (i) of this section, a medical certification shall be completed using the electronic process or system designated by the division. (B)(i) In the absence of the physician or with his or her approval, the certificate may be completed and signed by his or her associate physician, by the chief medical officer of the institution in which death occurred, by the pathologist who performed an autopsy upon the decedent, or by a registered nurse as provided in this subsection, if the individual has access to the medical history of the case and has reviewed the coroner's report, if required, and if the death is due to natural causes. (ii) The individual completing the cause-of-death section of the certificate shall attest to its accuracy either by a signature as authorized under subsection (i) of this section or by approved electronic process. (2)(A) The Arkansas State Medical Board shall enforce by rule subdivision (c)(1) of this section concerning the time period in which the medical certification shall be executed. (B)(i) If a physician refuses or otherwise fails to complete, sign, and return the medical certification to the funeral director within three (3) business days as required by subdivision (c)(1) of this section, the funeral director may notify the board of the failure to complete, sign, or return the medical certification within three (3) business days as required by subdivision (c)(1) of this section. (ii) The board shall assess against a physician described in subdivision (c)(2)(B)(i) of this section a fine not to exceed two hundred fifty dollars ($250) unless the physician shows good cause for the refusal or failure. (3)(A) A registered nurse employed by the attending hospice may complete and sign the medical certification of death and pronounce death for a patient who is terminally ill, whose death is anticipated, who is receiving services from a hospice program certified under § 20-7-117, and who dies in a hospice inpatient program or as a hospice patient in a nursing home or hospital. (B) An advanced practice registered nurse may complete and sign the medical certificate of death and pronounce death of a patient in a hospital setting if the advanced practice registered nurse is given authority by the medical staff of the hospital and a physician other than an emergency department physician is not immediately available. (4)(A) If the hospice patient dies in the home, the registered nurse may make pronouncement of death. (B) However, the coroner and the chief law enforcement official of the county or municipality where death occurred shall be immediately notified in accordance with § 12-12-315. (5)(A) The Department of Health shall provide hospitals, nursing homes, and hospices with the appropriate death certificate forms, which will be made available to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (B) When death occurs outside these health facilities, the funeral home shall provide the death certificate to the certifier of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (d)(1) If the cause of death appears to be other than the illness or condition for which the deceased was being treated or if inquiry is required by either of the laws referred to in subsection (c) of this section, the case shall be referred to the office of the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found for investigation to determine and certify the cause of death through an approved electronic process or system or another process designated by the division under subsection (i) of this section. (2) If the State Medical Examiner or county coroner determines that the case does not fall within his or her jurisdiction, he or she shall within twenty-four (24) hours refer the case back to the physician for completion of the medical certification. (e)(1) When inquiry is required by either of the laws referred to in subsection (c) of this section, the State Medical Examiner or coroner in the jurisdiction where the death occurred or the body was found shall determine the cause of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case. (2) A medical certification completed and signed by the State Medical Examiner or coroner shall be completed using an approved electronic process or system or another process designated by the division under subsection (i) of this section. (f)(1) If the cause of death cannot be determined within the time periods under subsection (c) or subsection (e) of this section, the medical certification shall be completed as provided by rule. (2) The attending physician, State Medical Examiner, or county coroner shall give the funeral director or person acting as the funeral director notice of the reason for the delay, and final disposition of the dead body shall not be made until authorized by the attending physician or State Medical Examiner or county coroner. (g) When a death is presumed to have occurred within this state but the dead body cannot be located, a death certificate may be prepared by the state registrar only upon receipt of an order of a court of competent jurisdiction, which shall include the finding of facts required to complete the death certificate. Such a death certificate shall be marked “Presumptive” and shall show on its face the date of death as determined by the court and the date of registration and shall identify the court and the date of the decree. (h) Upon receipt of autopsy results or other information that would change the information in the cause-of-death section of the death certificate from that originally reported, the certifier immediately shall file a supplemental report of cause of death with the division in order to amend the record. (i)(1) Upon request, the department may grant a waiver from the requirement of subdivision (c)(1)(A)(ii) of this section that a medical certification be completed using an electronic process or system if a person requesting the waiver: (A) Regularly signs fewer than ten (10) medical certifications per year; or (B) Shows other good cause for a waiver as determined by the department in its discretion. (2) A physician who is granted a waiver under subdivision (i)(1) of this section: (A) Shall not be fined under subdivision (c)(2)(B) of this section for failure to submit medical certification using an electronic process or system; and (B) Is liable for failure to submit a medical certification in a timely manner under subdivision (c)(1)(A)(i) of this section.

Ark. Code Ann. § 20-18-602 Delayed registration.

(a) When a death occurring in this state has not been registered within the time period prescribed by § 20-18-601, a certificate may be filed in accordance with rules promulgated by the State Board of Health. The certificates shall be registered subject to such evidentiary requirements as the board shall by rule prescribe to substantiate the alleged facts of death. (b) When an applicant does not submit the minimum documentation required by rule for delayed registration or when the State Registrar of Vital Records has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not register the delayed certificate of death and shall advise the applicant of the reasons for this action and further advise the applicant of his or her right to appeal to a court of competent jurisdiction. (c) Certificates of death registered one (1) year or more after the date of death shall be marked “Delayed” and shall show on their face the date of the delayed registration.

Ark. Code Ann. § 20-18-603 Registration of termination of pregnancy.

(a)(1)(A)(i) A fetal death, when the fetus completed twelve (12) weeks' gestation or more, calculated from the date the last normal menstrual period began to the date of delivery, that occurs in this state shall be reported within five (5) days after delivery to the Division of Vital Records or as otherwise directed by the State Registrar of Vital Records. (ii) An induced termination of pregnancy shall be reported in the manner prescribed in subsection (b) of this section and shall not be reported as a fetal death. (B) When a dead fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the fetal death certificate. (C) When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the fetal death certificate. (D) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, or when inquiry is required by § 12-12-301 et seq. or § 14-15-301 et seq. or otherwise provided by law, the State Medical Examiner or coroner shall investigate the cause of fetal death and shall prepare and file the report within five (5) days. (E)(i) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. (ii) The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death. (2) Spontaneous fetal deaths when the fetus has completed less than twelve (12) weeks of gestation shall be reported as prescribed in subsection (b) of this section. (b)(1) Each induced termination of pregnancy which occurs in this state regardless of the length of gestation shall be reported to the division within five (5) days by the person in charge of the institution in which the induced termination of pregnancy was performed. (2) If the induced termination of pregnancy was performed outside an institution, the attending physician shall prepare and file the report. (c)(1)(A) The reports required under this section are statistical reports to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital statistics. (B) A schedule for the disposition of these reports shall be provided for by rule. (2) Reports required under this section shall not include the name or other personal identification of the individual having an induced or spontaneous termination of pregnancy.

Ark. Code Ann. § 20-18-604 Final disposition of dead body or fetus.

(a) The funeral director or the person acting as the funeral director who first assumes custody of a dead body shall obtain authorization for final disposition of the dead body as provided in the rules. (b) Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parents authorization for final disposition on a form prescribed by the State Registrar of Vital Records. (c) With the consent of the physician or State Medical Examiner or county coroner, who is to certify the cause of death, a dead body may be moved from the place of death for the purpose of being prepared for final disposition. (d) An authorization for final disposition issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the dead body or fetus in this state. (e) Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. The authorization shall be issued by the state registrar to a licensed funeral director or person acting as such upon proper application.

Ark. Code Ann. § 20-18-701 Definitions.

As used in this subchapter: (1) “Child” means a person under eighteen (18) years of age for whom paternity has not been established; (2) “Court” means a court in this state or another state or territory of the United States of competent subject matter jurisdiction; (3) [Repealed.] (4) “Father” means the biological male parent of a child; (5) “Putative father” means any man not legally presumed or adjudicated to be the biological father of a child but who claims or is alleged to be the father of the child; (6) “Registrant” means a person who has registered pursuant to this subchapter and who is claiming to be the father of a child; (7) “Registry” means the Putative Father Registry; and (8) “Rules” means rules promulgated by the Department of Health for the purpose of implementing this subchapter.

Ark. Code Ann. § 20-18-702 Creation.

(a)(1) There is established in the Department of Health a Putative Father Registry. (2) The purpose of the registry is to entitle putative fathers to notice of legal proceedings pertaining to the child for whom the putative father has registered. (3) A putative father shall establish a significant custodial, personal, or financial relationship with the child before the putative father's rights attach. (b)(1) Upon receipt of a written statement signed and acknowledged by the registrant before a notary public, the registry shall record the following information: (A) The name, address, and Social Security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court; (B) The name, last known address, and Social Security number, if known, of the mother of the child; (C) The name of the child, if born, and the location and date of birth, if known; and (D) The date and time of receipt, which the department shall note on the written statement signed and acknowledged by the registrant. (2)(A) The department shall provide a form to be used by the registrant. (B) There shall be no fee required of the registrant to file the affidavit. (c) The registry may accept the information before the birth of the child or at any time before the filing of a petition for adoption. (d) The registry shall forward a copy of the information to the mother as notification that the person has registered with the registry. (e) The registry shall maintain cross-reference indices by the name of the mother and the name of the child, if known.

Ark. Code Ann. § 20-18-703 Revocation of information.

(a) Information supplied to the Putative Father Registry may be revoked by a written statement, signed and acknowledged by the registrant before a notary public. (b) The statement shall include a declaration that, to the best of the registrant's knowledge and belief, he is not the father of the named child or that a court has adjudicated paternity and someone other than the registrant has been determined to be the father of the child. (c) Revocation shall be effective only after the birth of the child.

Ark. Code Ann. § 20-18-704 Furnishing of information.

(a) The Department of Health shall make available to attorneys the telephone number of the Putative Father Registry for purposes of inquiry as to a putative father's name and address contained in the registry. (b) Information contained in the registry shall be admissible in any court proceeding in any court in this state. (c) Upon receipt of a written request by the registrant, the mother, or the child, or pursuant to any request of the department, the Office of Child Support Enforcement, or of a prosecuting attorney or an attorney acting on behalf of his or her client in litigation involving the determination of paternity or support for the child or an adoption of the child, the department shall furnish a certified copy of the registry information for a named putative father, natural mother, or child. (d) Upon request, the department shall furnish through electronic data exchange or otherwise a copy of the registry to the office for use in establishing paternity and support obligations. (e) Otherwise, registry information shall be considered confidential and may not be disclosed. Registry information shall not be subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

Ark. Code Ann. § 20-18-705 Penalty.

Any person who knowingly registers as a putative father pursuant to this subchapter when the registrant knows that he is not the biological father of the child shall upon conviction be guilty of a Class C misdemeanor.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026