Alaska Statutes
Alaska Stat. § 18.50.160 (2026)
Birth registration
✓ current as of July 2026
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Sec. 18.50.160. Birth registration.
(a) A certificate of birth for each live birth that occurs in the state shall be filed with the bureau, as provided in this section, within five days after the birth. 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 the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance in international waters, international air space, a foreign country, or a foreign country's 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 if the place can be determined.
(b) When a birth occurs in or en route to an institution, the person in charge of the institution or a designated representative of the person in charge of the institution shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place and time and on the date stated either by signature on the certificate or another certification process, including an electronic process, approved by the bureau, and file the certificate as directed in (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within 72 hours after the birth.
(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) the physician in attendance at or immediately after the birth; or, in the absence of a physician,
(2) a person other than a parent in attendance at or immediately after the birth; or
(3) a parent; or, if a parent is unable,
(4) the person in charge of the premises where the birth occurs.
(d) If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless
(1) paternity has been lawfully determined otherwise by a tribunal, in which case the name of the father, if determined by a tribunal, shall be entered; or
(2) both the mother and the mother's husband execute affidavits attesting that the husband is not the father and that another man is the father, and the mother and the other man execute affidavits attesting that the other man is the father, so long as the affidavits meet the requirements of (g) of this section.
(e) If the mother was not married at conception, during the pregnancy, or at birth, the name of the father may not be entered on the certificate of birth unless
(1) paternity has been lawfully determined by a tribunal, in which case the name of the father, if determined by the tribunal, shall be entered;
(2) both the mother and the man to be named as the father have executed affidavits attesting that that man is the father, so long as the affidavits meet the requirements of (g) of this section and AS 18.50.165; or
(3) otherwise specified by statute.
(f) In the case of a child born out of wedlock, the certificate of birth shall be filed in accordance with (a), (b), and (c) of this section unless the state registrar directs another procedure.
(g) An affidavit under (d) or (e) of this section must meet the following requirements:
(1) the affidavit must be executed by all required individuals; an affidavit may be executed jointly, individually, or in combination of jointly and individually; and
(2) if an affidavit is executed by more than one individual, the signature of each individual must be individually notarized.
(h) In this section, unless the context requires otherwise, “tribunal” means a court, administrative agency, or quasi-judicial entity authorized by law to determine parentage.
(a) A certificate of birth for each live birth that occurs in the state shall be filed with the bureau, as provided in this section, within five days after the birth. 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 the child is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance in international waters, international air space, a foreign country, or a foreign country's 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 if the place can be determined.
(b) When a birth occurs in or en route to an institution, the person in charge of the institution or a designated representative of the person in charge of the institution shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place and time and on the date stated either by signature on the certificate or another certification process, including an electronic process, approved by the bureau, and file the certificate as directed in (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within 72 hours after the birth.
(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) the physician in attendance at or immediately after the birth; or, in the absence of a physician,
(2) a person other than a parent in attendance at or immediately after the birth; or
(3) a parent; or, if a parent is unable,
(4) the person in charge of the premises where the birth occurs.
(d) If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless
(1) paternity has been lawfully determined otherwise by a tribunal, in which case the name of the father, if determined by a tribunal, shall be entered; or
(2) both the mother and the mother's husband execute affidavits attesting that the husband is not the father and that another man is the father, and the mother and the other man execute affidavits attesting that the other man is the father, so long as the affidavits meet the requirements of (g) of this section.
(e) If the mother was not married at conception, during the pregnancy, or at birth, the name of the father may not be entered on the certificate of birth unless
(1) paternity has been lawfully determined by a tribunal, in which case the name of the father, if determined by the tribunal, shall be entered;
(2) both the mother and the man to be named as the father have executed affidavits attesting that that man is the father, so long as the affidavits meet the requirements of (g) of this section and AS 18.50.165; or
(3) otherwise specified by statute.
(f) In the case of a child born out of wedlock, the certificate of birth shall be filed in accordance with (a), (b), and (c) of this section unless the state registrar directs another procedure.
(g) An affidavit under (d) or (e) of this section must meet the following requirements:
(1) the affidavit must be executed by all required individuals; an affidavit may be executed jointly, individually, or in combination of jointly and individually; and
(2) if an affidavit is executed by more than one individual, the signature of each individual must be individually notarized.
(h) In this section, unless the context requires otherwise, “tribunal” means a court, administrative agency, or quasi-judicial entity authorized by law to determine parentage.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1994–2023 · leading case: Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013).
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “”); Alaska Stat. § 18.50.160 (d) (2012) (“If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child .”
Off. of Pub. Advocacy v. Superior Court, Third Jud. Dist., 462 P.3d 1000 (Alaska 2020). “32 The birth registration statute, AS 18.50.160, allows listing a father on a birth certificate without scientific evidence of a genetic relationship.”
State, Dep't of Revenue, Child Support Enf't Div. v. Wetherelt, 931 P.2d 383 (Alaska 1997). “AS 18.50.160(d) provides: If the mother was married at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the…”
State, Dep't of Revenue, Child Support Enf't Div. v. Maxwell, 6 P.3d 733 (Alaska 2000). “'s father in accordance with AS 18.50.160(d), 1 despite the fact that TW.”
Nunley v. State, Dep't of Revenue, Child Support Enf't Div., 99 P.3d 7 (Alaska 2004). “See AS 18.50.160(d) (presumption of paternity applies to mother's husband at time of birth).”
Ray v. Ray, 115 P.3d 573 (Alaska 2005). “160(d) provides: If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless (1) paternity has been lawfully determined otherwise by a tribunal, in which case the name…”
State, Dep't of Revenue, Child Support Enf't Div. v. Allsop, 902 P.2d 790 (Alaska 1995). “See AS 18.50.160(d) (providing that when a married woman gives birth, her husband’s name shall be entered on the birth certificate); 7 AAC 5.”
State, Dep't of Revenue, Child Support Enf't Div. v. A.H., 880 P.2d 1048 (Alaska 1994). “AS 18.50.160(d) provides; If the mother was married at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the…”
T.P.D. v. A.C.D., 981 P.2d 116 (Alaska 1999). “Tom’s name was placed on Allie’s birth certificate as her father pursuant to AS 18.50.160(d). Tom and Alice separated in October 1993.”
Tpd v. Acd, 981 P.2d 116 (Alaska 1999). “Tom's name was placed on Allie's birth certificate as her father pursuant to AS 18.50.160(d). Tom and Alice separated in October 1993.”
Kiviti v. Pompeo (D. Maryland 2020). “”); Alaska Stat. § 18.50.160 (d) (2019) (providing that if “the mother married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child” unless certain specific conditions exist).”
Leilani P. v. Keith P. (Alaska 2023). “Keith requested a hearing, asserting that he had been caring for the 1 See AS 18.50.160(d) (“If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless (1) paternity…”
— Alaska Stat. § 18.50.160(d) — 10 cases
State, Dep't of Revenue, Child Support Enf't Div. v. Wetherelt, 931 P.2d 383 (Alaska 1997). “AS 18.50.160(d) provides: If the mother was married at the time of conception or birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court of competent jurisdiction, in which case the…”
State, Dep't of Revenue, Child Support Enf't Div. v. Maxwell, 6 P.3d 733 (Alaska 2000). “'s father in accordance with AS 18.50.160(d), 1 despite the fact that TW.”
Nunley v. State, Dep't of Revenue, Child Support Enf't Div., 99 P.3d 7 (Alaska 2004). “See AS 18.50.160(d) (presumption of paternity applies to mother's husband at time of birth).”
Off. of Pub. Advocacy v. Superior Court, Third Jud. Dist., 462 P.3d 1000 (Alaska 2020). “32 The birth registration statute, AS 18.50.160, allows listing a father on a birth certificate without scientific evidence of a genetic relationship.”
Ray v. Ray, 115 P.3d 573 (Alaska 2005). “160(d) provides: If the mother was married at conception, during the pregnancy, or at birth, the name of the husband shall be entered on the certificate as the father of the child unless (1) paternity has been lawfully determined otherwise by a tribunal, in which case the name…”
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