(1) Stillbirth and fetal death records may be
amended or corrected after registration.
(2) Live birth records shall 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.
Application may be made by the following
(a) 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;
(b) the registrant, if 18 years of age or
over, or person who has the status of emancipated minor;
(c) the parents, if the registrant is under
(d) the legal guardian,
(e) the legal representative
acting on behalf of the registrant.
(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 the parents named on the record or the legal guardian of the
(5) A court order is
needed to change or amend the child's name after six years from the date of
(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.
Minor name spelling changes which do not change the pronunciation of the name
may be made by affidavit. One proof from the acceptable documentary evidence
listed in Section
(9) The date of birth
may be corrected by the facility of birth or the midwife attending the
If the facility of
birth or midwife cannot make the correction to the date of birth, the
correction may be made providing the following conditions are met:
(a) two supporting documents are submitted
demonstrating the registrant has consistently used the date from childhood. At
least one of these documents must have been created within seven years of the
alleged date of birth; and
corrected date of birth is before the date the birth record was
Amendments to parent information for children under age 18 require the
(a) the parent whose information is
being changed must sign the amendment request form;
(b) if the parent is deceased, a death
certificate will be required and another immediate family member of that parent
may sign the amendment request form;
(c) if the parents are married and the
amendment request is to add the father, a marriage certificate must be provided
and both parents must 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
Amendments for registrants over age 18 require the following:
(a) the registrant, or legal guardian, must
sign as one of the witnesses on the amendment request form; and
(b) the second witness must be an immediate
family member to the registrant.
(13) If only one parent is listed, the second
witness MUST be an immediate family member of the listed parent.
(14) For live birth records, the documents
submitted must have been established before the registrants'
18th birthday or at least ten years prior to 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.