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 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.
(3) Application may be made by the following persons:
(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 18;
(d) the legal guardian, or;
(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 registrant.
(5) A court order is needed to change or amend the child's name after six years 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) 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 R436-3-4 is required.
(9) The date of birth may be corrected by the facility of birth or the midwife attending the birth.
(10) 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
(b) the corrected date of birth is before the date the birth record was registered.
(11) Amendments to parent information for children under age 18 require the following:
(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 certificate.
(12) 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.

Notes

Utah Admin. Code R436-3-6
Adopted by Utah State Bulletin Number 2022-07, effective 3/16/2022

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