Legal Question in Family Law in California
What is the law in the State of California regarding the filing of birth certificates? Is the filing of a birth certificate required anytime a child is born, and if so, what is the legal time limit after the birth within which the certificate must be filed? What, if any, penalties does the law provide for failure to comply with such a law? (Please provide code/statute references.)
2 Answers from Attorneys
It's 10 days as under Health & Safety Code section 102400. However, if the live birth occurs outside of a hospital or alternative birth center, and no doctor or midwife is around, section 102415 instructs either parent to be responsible for filing the certificate with the local registrar. Some parents may not even know there's a duty to do this within 10 days. No penalties are listed, however, although they might be listed in a different Code. A procedure for delayed birth certificate exists in this state, too, for someone born here whose birth is not registered (H & S sec. 102535). Since that can only be filed by that person when they're over 18, I would imagine the lack of registration happens a lot.
My last sentence above should have read: "Since that can be filed by the person when they're over 18..."