34-25-9. Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.

If a birth occurs in an institution, the physician in attendance at the birth or the physician's designee shall, within five days after the birth, obtain the personal data and the medical information required by the certificate and provide it to the person designated by the institution to file the certificate.

Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 8; SL 1995, ch 196, § 3.

34-25-9.1. Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

If 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 such a person;

(2)    Any other person in attendance at or immediately after the birth, or in the absence of such a person;

(3)    The father or 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.

The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.

Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SDCL § 34-25-9; SL 1972, ch 194, § 9; SL 1997, ch 205, § 2; SL 2019, ch 153, § 1.

34-25-9.2. Birth certificate signed by parents or informant.

Either of the parents of the child shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are unable to sign, the document shall be signed by the informant.

Source: SL 1972, ch 194, § 10; SL 1995, ch 196, § 4.