Sec. 10.03.01.03. Birth Registration

A. Birth Registration Notice.

(1) The Secretary may issue a birth registration notice to parents named on the certificate stating that the birth certificate of their child has been registered.

(2) The notification in §A(1) of this regulation may not be an official copy of a birth certificate but may be used for proof of age at the discretion of any reviewing agency.

B. Name on Certificate.

(1) Amendment to Change a Name.

(a) The name of an individual born in this State may be changed on that individual's birth certificate once without a court order if, within 12 months of birth, the Department receives:

(i) A written request from both parents named on the certificate requesting the change of name; and

(ii) An affidavit from both parents sworn before a notary public stating that they are the true parents of the child and are making this request of their own free will.

(b) A subsequent change to the name within 12 months of the birth shall require a court order.

(c) A change to the name after 12 months of the birth shall require a court order.

(2) Correction of Spelling of the Name.

(a) A name on a birth certificate may be corrected to its proper spelling at any time upon proof that the name as shown on the birth certificate is incorrect and that the requested spelling is the proper spelling.

(b) Documentation required by §B(4) of this regulation shall be necessary proof for the change to be made.

(3) Adding a Name.

(a) When a person has never had a first and last name placed on a birth record, a name may be added upon proof that the name is the name in use.

(b) If a first name has never been placed on a birth record by a parent and the last name is different than the name being used by the subject of the birth record, the Secretary shall replace the last name on the individual's birth certificate when adding the first name, if the individual provides proof that the name is the name used by the individual.

(c) Documentation required by §B(4) of this regulation shall be necessary proof for the addition of a name.

(4) Documents Needed to Correct or Add a Name.

(a) If the subject of the vital record is under 7 years old, one or more of the following documents shall be submitted:

(i) A notarized letter from a parent citing the correct name;

(ii) A notarized letter from the hospital citing the correct name;

(iii) A notarized letter from the attendant at birth citing the correct name;

(iv) A notarized physician's office record of the birth citing the correct name.

(b) The Department reserves the right to require more than one of the documents listed in §B(4)(a) of this regulation to be submitted as sufficient proof.

(c) If the subject of the vital record is 7 years old or older, two or more of the following documents citing the correct name shall be submitted:

(i) Baptismal or other church records. To be acceptable, a baptismal record shall be an original certificate or book record made at the time of baptism, or a copy of the certificate or book record executed under church seal by the custodian of the church record, or a notarized statement attesting to the baptism and bearing the signature of the custodian of the church record or records.

(ii) Insurance policy.

(iii) Hospital or clinic record.

(iv) Physician's office record of the birth.

(v) Pre-kindergarten record or grade school record.

(vi) Family Bible record. The Bible shall be exhibited to the Secretary, State registrar, or local registrar for execution of a certificate of inspection upon a form supplied by the Secretary.

(vii) Record of employment.

(viii) Record of military service.

(ix) Marriage license.

(x) Record from federal census.

(xi) Birth certificate of a child of the subject of the vital record.

(xii) Social Security Administration record of the subject of the vital record's original application for a Social Security Number.

(xiii) Other pertinent records which meet the Secretary's approval and corroborate the name of the subject of the vital record.

(d) The Department reserves the right to:

(i) Require more than two of the documents listed in §B(4)(c) of this regulation to be submitted as sufficient proof to correct or add a name;

(ii) Refuse to correct or add a name if the Department finds the documentation submitted unsatisfactory proof of the facts alleged.

C. Amending or Correcting Data on Birth Certificate Other than Name.

(1) To amend or correct data other than the name on a birth certificate, the following documents and information shall be submitted:

(a) For date of birth, time of birth, sex (other than changed by surgery), and place of birth of the subject of the vital record:

(i) A letter citing the correct data from the medical records director of the hospital in which the birth occurred;

(ii) A letter citing the correct data from the physician, nurse midwife, or attending clinician in attendance at birth; or

(iii) A notarized letter citing the correct data from an attendant at birth other than the one set forth in §C(1)(a)(ii) of this regulation.

(b) For a parent’s data to be amended or corrected, at least two documents from among those listed below:

(i) Parent's birth certificate;

(ii) Parent’s baptismal or other church records (refer to specifications under §B(4)(c)(i) of this regulation);

(iii) Parent's pre-kindergarten or grade school records;

(iv) Other pertinent records which meet the Secretary's approval and corroborate the parent's data.

(c) For a parent’s name to be replaced by another individual’s name, the individual requesting the replacement shall obtain an order from a court of competent jurisdiction that orders that:

(i) The currently listed parent’s name and any other information about that individual be deleted from the birth certificate; and

(ii) A specified individual’s name and other parent’s information as required for a birth certificate be added for the newly named individual.

(2) The Department reserves the right to require additional documentation or to refuse to amend or correct information on a birth certificate if it finds the documentation submitted unsatisfactory proof of the facts alleged.

D. Method for Amending or Correcting Data on Birth Certificates.

(1) Amendments and corrections under this regulation shall be made by:

(a) Placing a line through the original data and entering new data in black ink; or

(b) Entering the amendment or correction on electronic media.

(2) The individual who makes the amendment or correction shall:

(a) Record the date the correction or amendment was made;

(b) Record the microfilm number if the amendment or correction is made on a paper copy of a record; and

(c) Initial the record or provide an electronic signature.

E. Certificate for Adjudication of Paternity Record. If the child's name is to be changed, the court order or paternity decree shall state that the name is to be changed and provide the name as it is to appear on the record.

F. Audit of Birth Records.

(1) All institutions that register births through the electronic vital records registration system shall be:

(a) Subject to an audit of the accuracy of the birth records they submit, at an interval determined by the Secretary; and

(b) Required to make the medical records available for review by the auditor for comparison to the items captured on the birth record.

(2) All attending clinicians in charge of births outside an institution who register those births via the electronic vital records registration system shall be:

(a) Subject to an audit of the accuracy of the birth records they submit, at an interval determined by the Secretary; and

(b) Required to make the medical records available for review by the auditor for comparison to the items captured on the birth record.