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The current provision in Ohio sets specific rules when it comes to registering births and determining who may 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 or not she is married, while the husband’s name will be included on the certificate as father, in accordance with the rules of paternity presumption.
This provision has been in force since October 17, 2019, and was last updated on August 13, 2025.
Why will the mother be the one to choose her children’s surname
The legislation 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 that appears 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 acknowledgment of paternity.
Important information about the birth certificate
The legislation sets the order for preparing and submitting 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 for each birth must be submitted within 10 calendar days after the birth.