Utah Admin. Code R436-3-6 - Amend or Correct a Live Birth Record, Stillbirth, or Fetal Death Record

(1) Stillbirth and fetal death records may be amended or corrected after registration.

(2) Live birth records may not be amended or corrected after death except that omission of a child's name may be amended after death within one year of birth.

(3)

(a) The following persons may apply:

(i) the registrant, if 18 years of age or over, or person who has the status of emancipated minor;

(ii) the parents, if the registrant is under 18;

(iii) the legal guardian; or

(iv) the legal representative acting on behalf of the registrant.

(b) The licensed facility, licensed provider, or health care provider responsible for submitting the report of live birth within one year of the date of the birth may also apply.

(4) Until one year from the date of birth, the child's name may be changed or added upon receipt of an affidavit signed by both parents named on the record or the legal guardian of the registrant.

(5) A court order is required to change or amend the child's name after one year from the date of birth.

(6) A court order is required for a change to the sex or gender.

(7) A court order is required for any change to a Delayed Birth Certificate.

(8) The date of birth may be corrected by the facility of birth or the midwife attending the birth.

(9) If the facility of birth or midwife cannot make the correction to the date of birth, the correction may be made if the following conditions are met:

(a) two supporting documents are submitted demonstrating the registrant has consistently used the date from childhood and at least one of these documents must have been created within seven years of the alleged date of birth; and

(b) the corrected date of birth is before the date the birth record was registered.

(10) An amendment to parent information for a child under age 18 requires that:

(a) the parent whose information is being changed must sign the amendment request form;

(b) if the parent is deceased, a death certificate is provided and another immediate family member of that parent sign the amendment request form;

(c) if the parents are married and the amendment request is to add the father, a marriage certificate is provided and both parents sign the form; or

(d) if the parents are not married, a voluntary declaration of paternity or court order establishing paternity must be submitted for the father to be added to the child's birth certificate.

(11) An amendment for a registrant over age 18 requires that:

(a) the registrant, or legal guardian, sign as one of the witnesses on the amendment request form; and

(b) the second witness is an immediate family member to the registrant.

(12) If only one parent is listed, the second witness shall be an immediate family member of the listed parent.

(13) For live birth records, the documents submitted must have been established before the registrants' 18th birthday or at least ten years before the date of the application for the amendment or correction. The State Registrar may make exceptions for other documents such as court orders, passports, or other evidence that clearly support the facts of live birth.

Notes

Utah Admin. Code R436-3-6

Adopted by Utah State Bulletin Number 2022-07, effective 3/16/2022 Amended by Utah State Bulletin Number 2025-03, effective 1/15/2025