Ohio Rev. Code » Chapter 3705
Ohio Revised Code

Ohio Rev. Code § 3705.09 (2026)

Filing and registration of birth certificate

✓ current as of May 2026
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Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
PDF:
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(A) A birth certificate for each live birth in this state shall be filed in the registration district in which it occurs within ten calendar days after such birth and shall be registered if it has been completed and filed in accordance with this section.

(B) When a birth occurs in or en route to an institution, the person in charge of the institution or a designated representative shall obtain the personal data, prepare the certificate, and complete and certify the facts of birth on the certificate within ten calendar days. The physician or certified nurse-midwife in attendance shall be listed on the birth record.

(C) When a birth occurs outside an institution, the birth certificate shall be prepared and filed by one of the following in the indicated order of priority:

(1) The physician or certified nurse-midwife in attendance at or immediately after the birth;

(2) Any other person in attendance at or immediately after the birth;

(3) The father;

(4) The mother;

(5) The person in charge of the premises where the birth occurred.

(D) Either of the parents of the child or other informant shall attest to the accuracy of the personal data entered on the birth certificate in time to permit the filing of the certificate within the ten days prescribed in this section.

(E) When a birth occurs in 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 record shall show the actual place of birth insofar as can be determined.

(F)(1) If the mother of a child was married at the time of either conception or birth or between conception and birth, the child shall be registered in the surname designated by the mother, and the name of the husband shall be entered on the certificate as the father of the child. The presumption of paternity shall be in accordance with section 3111.03 of the Revised Code.

(2) If the mother was not married at the time of conception or birth or between conception and birth, the child shall be registered by the surname designated by the mother. The name of the father of such child shall also be inserted on the birth certificate if both the mother and the father sign an acknowledgement of paternity affidavit before the birth record has been sent to the local registrar. If the father is not named on the birth certificate pursuant to division (F)(1) or (2) of this section, no other information about the father shall be entered on the record.

(G) When a man is presumed, found, or declared to be the father of a child, according to section 2105.26, sections 3111.01 to 3111.18, former section 3111.21, or sections 3111.38 to 3111.54 of the Revised Code, or the father has acknowledged the child as his child in an acknowledgment of paternity, and the acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code, and documentary evidence of such fact is submitted to the department of health in such form as the director may require, a new birth record shall be issued by the department which shall have the same overall appearance as the record which would have been issued under this section if a marriage had occurred before the birth of such child. Where handwriting is required to effect such appearance, the department shall supply it. Upon the issuance of such new birth record, the original birth record shall cease to be a public record. Except as provided in division (C) of section 3705.091 of the Revised Code, the original record and any documentary evidence supporting the new registration of birth shall be placed in an envelope which shall be sealed by the department and shall not be open to inspection or copy unless so ordered by a court of competent jurisdiction.

(H) Every birth certificate filed under this section on or after July 1, 1990, shall be accompanied by all social security numbers that have been issued to the parents of the child, unless the division of child support in the department of job and family services, acting in accordance with regulations prescribed under the "Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, as amended, finds good cause for not requiring that the numbers be furnished with the certificate. The parents' social security numbers shall not be recorded on the certificate. No social security number obtained under this division shall be used for any purpose other than the purposes specified in division (B)(1) of section 3705.07 of the Revised Code.

Last updated August 13, 2025 at 10:57 AM

Notes of Decisions
Cited in 29 cases (6 in the last 5 years), 1991–2024 · leading case: In re Adoption of Greer, 638 N.E.2d 999 (Ohio 1994).
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In re Adoption of Greer, 638 N.E.2d 999 (Ohio 1994). · cites it 3× “07(B), a putative father who has signed the birth certificate of a child as informant as provided in R.C. 3705.09 has a statutory right to withhold his consent to the adoption of that child, thereby barring the child’s adoption by another.”
Brill v. Hedges, 783 F. Supp. 333 (S.D. Ohio 1991). · cites it 12× “Ohio Revised Code section 3705.09(F) provides: If the mother of a child was married at the time of either conception or birth or between conception and birth, the child shall be registered in the surname designated by the mother.”
In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024). · cites it 3× “09(A) requires a birth certificate to be filed within ten days after the birth and requires the certificate to be registered if it has been completed and filed in accordance with R.C. 3705.09, making the information to be provided on the “certificate of live birth” form subject…”
Brill v. Hedges, 783 F. Supp. 340 (S.D. Ohio 1991). · cites it 11× “Furthermore, the state is hereby enjoined from restricting an unmarried mother’s choice of surnames for any child which she is required to register under Ohio Rev.Code § 3705.09(A) and (F). IT IS SO ORDERED.”
Cuyahoga Cnty. Support Enf't Agency v. Lozada, 657 N.E.2d 372 (Ohio Ct. App. 1995). · cites it 2× “20 states as follows: “(C) * * * After the probate court enters the acknowledgement upon its journal or the father voluntarily signs the birth certificate as an informant as provided in section 3705.09 of the Revised Code, the parent with custody of the child, the child’s…”
In re Application for Corr. of Birth Record of Adelaide, 2022 Ohio 2053 (Ohio Ct. App. 2022). · cites it 3× “Further, the immediate following language is “accurately or properly recorded.” Birth records are recorded at the time of birth, or shortly thereafter, and are then filed with the office of vital statistics.”
In re Adoption of B.G.F., 2018 Ohio 5063 (Ohio Ct. App. 2018). “) Discussion {¶ 15} At the outset, we note that R.C. 3705.09(F)(2), the Ohio statute which governs the filing of a birth certificate, states: If the mother was not married at the time of conception or birth or between conception and birth, the child shall be registered by the…”
In re Adoption of Greer, 1994 Ohio 69 (Ohio 1994). · cites it 4× “07(B), a putative father who has signed the birth certificate of a child as informant as provided in R.C. 3705.09 has a statutory right to withhold his consent to the adoption of that child, thereby barring the child's adoption by another.”
In re Carpenter, 2024 Ohio 810 (Ohio Ct. App. 2024). · cites it 3× “09(A) provides that “a birth certificate for each live birth in [Ohio] shall be filed in the registration district in which it occurs within ten days after such birth and shall be registered if it has been completed and filed in accordance with [R.C. 3705.09].” R.C. 3705.09 does…”
In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023). · cites it 2× “certificates so the court could infer the existence of paternity acknowledgments or paternity determinations, see R.C. 3705.09(G). She did not do that. The legislative intent seems clear to me.”
Nemcek v. Paskey, 2006 Ohio 2059 (2006). · cites it 2× “{¶ 11} Following a judicial determination or CSEA administrative finding of a parent-child relationship, the department of health is to prepare a new birth certificate consistent with the court’s findings or agency’s determination.”
In Re Adoption of Hudnall, 594 N.E.2d 45 (Ohio Ct. App. 1991). · cites it 2× “19 of the Revised Code at any time before the placement of the minor in the home of the petitioner; “(2) Has acknowledged the child in a writing sworn to before a notary public at any time before the placement of the minor in the home of the petitioner; “(3) Has signed the birth…”
Show all 29 citing cases →
— Ohio Rev. Code § 3705.09(A) — 5 cases
In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024). “09(A) requires a birth certificate to be filed within ten days after the birth and requires the certificate to be registered if it has been completed and filed in accordance with R.C. 3705.09, making the information to be provided on the “certificate of live birth” form subject…”
In re Application for Corr. of Birth Record of Adelaide, 2022 Ohio 2053 (Ohio Ct. App. 2022). “Further, the immediate following language is “accurately or properly recorded.” Birth records are recorded at the time of birth, or shortly thereafter, and are then filed with the office of vital statistics.”
Brill v. Hedges, 783 F. Supp. 340 (S.D. Ohio 1991). “Furthermore, the state is hereby enjoined from restricting an unmarried mother’s choice of surnames for any child which she is required to register under Ohio Rev.Code § 3705.09(A) and (F). IT IS SO ORDERED.”
In re Carpenter, 2024 Ohio 810 (Ohio Ct. App. 2024). “09(A) provides that “a birth certificate for each live birth in [Ohio] shall be filed in the registration district in which it occurs within ten days after such birth and shall be registered if it has been completed and filed in accordance with [R.C. 3705.09].” R.C. 3705.09 does…”
In re Application for Corr. of Birth Record of Adelaide, 2024 Ohio 5393 (Ohio 2024).
— Ohio Rev. Code § 3705.09(B) — 1 case
In re Application for Corr. of Birth Record of Adelaide, 2022 Ohio 2053 (Ohio Ct. App. 2022). “Further, the immediate following language is “accurately or properly recorded.” Birth records are recorded at the time of birth, or shortly thereafter, and are then filed with the office of vital statistics.”
— Ohio Rev. Code § 3705.09(F) — 5 cases
Brill v. Hedges, 783 F. Supp. 333 (S.D. Ohio 1991). “Ohio Revised Code section 3705.09(F) provides: If the mother of a child was married at the time of either conception or birth or between conception and birth, the child shall be registered in the surname designated by the mother.”
Brill v. Hedges, 783 F. Supp. 340 (S.D. Ohio 1991). “Furthermore, the state is hereby enjoined from restricting an unmarried mother’s choice of surnames for any child which she is required to register under Ohio Rev.Code § 3705.09(A) and (F). IT IS SO ORDERED.”
Bowen v. Thomas, 656 N.E.2d 1328 (Ohio Ct. App. 1995).
In re Name Change of S.D.L., 2019 Ohio 2950 (Ohio Ct. App. 2019).
In Re Mantia-Allen, 670 N.E.2d 570 (Ohio Ct. App. 1996).
— Ohio Rev. Code § 3705.09(F)(1) — 2 cases
Poole v. Poole, 2014 Ohio 5611 (Ohio Ct. App. 2014).
Bond v. de Rinaldis, 2016 Ohio 3342 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 3705.09(F)(2) — 5 cases
In re Adoption of B.G.F., 2018 Ohio 5063 (Ohio Ct. App. 2018). “) Discussion {¶ 15} At the outset, we note that R.C. 3705.09(F)(2), the Ohio statute which governs the filing of a birth certificate, states: If the mother was not married at the time of conception or birth or between conception and birth, the child shall be registered by the…”
Bond v. De Rinaldis, 2018 Ohio 930 (Ohio Ct. App. 2018).
In re Est. of Burdette, 2016 Ohio 5866 (Ohio Ct. App. 2016).
Bond v. de Rinaldis, 2016 Ohio 3342 (Ohio Ct. App. 2016).
Pula v. Pula-Branch, 2011 Ohio 4949 (Ohio Ct. App. 2011).
— Ohio Rev. Code § 3705.09(G) — 5 cases
In re A.R., 2023 Ohio 394 (Ohio Ct. App. 2023). “certificates so the court could infer the existence of paternity acknowledgments or paternity determinations, see R.C. 3705.09(G). She did not do that. The legislative intent seems clear to me.”
State ex rel. Hammons v. Chisholm, 99 Ohio St. 3d 405 (Ohio 2003).
In Re Mantia-Allen, 670 N.E.2d 570 (Ohio Ct. App. 1996).
Hammons v. Chisholm, 780 N.E.2d 617 (Ohio Ct. App. 2002).
Chabek v. Gajdos, 2024 Ohio 254 (Ohio Ct. App. 2024).
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