7 AAC 05.700. New certificate of birth

(a) The bureau shall establish a new certificate of birth, upon proper request that such certificate be made, for persons born in Alaska, upon adoption or legitimation and the submission of the required documents and other necessary information as required by the State Registrar; provided that such new certificate of birth shall not be established in cases of adoption if such negative request be received from the court decreeing the adoption, the person himself if of legal age, or from the adoptive parents.

(b) When the adoption of an Indian individual has occurred under tribal custom, the state registrar will require the following documents and information to issue a new certificate of birth:

(1) a statement, on a form provided by the bureau, signed by each biological parent, unless one or both of the parents is deceased, cannot be contacted through reasonable means, or is an unwed father whose paternity has not been acknowledged or established:

(A) identifying the Indian individual who was adopted and Indian individual's the tribe; and

(B) affirming that under tribal custom an adoption has occurred;

(2) a request for a new birth certificate, on a form provided by the bureau, signed by an adoptive parent; and

(3) a written statement, on a form provided by the bureau, from the governing body of the tribe of the Indian individual who was adopted, affirming that:

(A) an Indian individual has been adopted under tribal custom; the statement must identify the Indian individual who was adopted, each known biological parent, and each adoptive parent;

(B) the tribe has not been informed of any person or agency who is asserting a claim to custody under state or tribal law; and

(C) when one or both of the biological parents cannot be located to provide the statement required by (b)(1) of this section, the parent knew or had notice of the adoption at the time it occurred, except in cases involving an unwed father whose paternity has not been acknowledged or established.

(c) To determine an individual's tribe for the issuance of a new certificate of birth under this section, the state registrar will use the definition of "Indian child's tribe" in 25 U.S.C. 1903(5) and read the term "child" in that definition as "individual".

(d) In this section, "Indian individual" means an individual who is either

(1) a member of an Indian tribe; or

(2) is eligible for membership in an Indian tribe and is the direct biological descendant of a member of an Indian tribe.

History: In effect before 7/28/59; am 7/25/60, Register 2; am 4/5/90, Register 114; am 5/21/2000, Register 154

Authority: AS 18.50.020

AS 18.50.220

AS 25.20.050

AS 47.05.010

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