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The current provision of Ohio sets specific rules when registering births and determining who can prepare the birth certificate, what information to include, and how to record the surname.
The rule, included in Section 3705.09 of the Ohio Revised Code, provides that the child must be registered with the surname designated by the mother, whether she is married or not, while the husband’s name will be included on the certificate as father, in accordance with the paternity presumption rules.
This provision has been in effect since October 17, 2019 and was last updated on August 13, 2025.
The mother will be the one to choose her children’s surname in Ohio: what the law says
The law states that when a woman is married at the time of conception, birth, or at some point during both, the child’s surname will be chosen by her.
In practice, this means that the surname on the certificate is not automatically determined by the baby’s father, but rather the mother has the power to choose.
What happens if the baby’s mother is not married
In these cases, the baby’s surname is also designated by the mother. The father may be included on the certificate only if both he and the child’s mother sign an affidavit of paternity recognition.
Key information about the birth certificate
The law sets the order for preparing and filing the certificate when the birth occurs outside an institution. It must be handled in the following order
- The doctor or certified nurse-midwife who attended the birth
- Another person who was present during or immediately after the birth
- The father
- The mother
- The person in charge of the place where the birth occurred
The certificate of each birth must be filed within 10 calendar days after the birth.