Fla. Admin. Code Ann. R. 64V-1.0033 - Birth Certificate Amendment by Legal Change of Name; Judicial Process
(1) Any judgment of
change of name entered in this state pursuant to subsection (5), of Section
68.07, F.S., shall be recorded
on a Report of Legal Change of Name, DH Form 427 (04/16), hereby incorporated
by reference and available from the department or
https://www.flrules.org/Gateway/reference.asp?No=Ref-07178.
(2) In the case of a name change which also
changes the name of the parent(s), only the name of the registrant shall also
be amended except when the court order specifically directs the department to
amend the birth certificate in regard to the name change of the parent(s). In
such cases, submission of a certified copy of the court order granting the name
change shall also be required.
(3)
Upon receipt of a Report of Legal Change of Name, DH Form 427 (04/16),
incorporated by reference in subsection (1), of Rule
64V-1.0033, F.A.C., completed
and certified by the clerk of circuit court entering the change of name or an
order of name change entered by a court of competent jurisdiction in another
state, the department shall, except in the case of a woman who has had her
maiden name restored or in a case where the court directs the department to
file a new birth certificate, amend the birth certificate of the registrant by
attaching the report to the birth certificate thereby becoming a permanent part
of that record.
(a) In the case of a woman who
has had her maiden name restored, no action shall be taken by the department in
regard to amending the birth certificate and the report that has been forwarded
by the court shall be incorporated into the files of vital
statistics.
(b) In a case where the
court has directed the department to file a new birth certificate, the original
birth certificate shall be removed and shall be placed together with the order
granting the name change under seal only to be opened by an order from a court
of competent jurisdiction.
Notes
Rulemaking Authority 382.003(7), (10), 382.0255(3) FS. Law Implemented 68.07(5) FS.
New 11-11-98, Amended 2-29-04, 7-31-16.
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