§ 20-18-307 — Amendment of vital records and reports

(a) A certificate, vital report, or vital record registered under this chapter may be amended only in accordance with this chapter and rules adopted by the State Board of Health to protect the integrity and accuracy of vital records and vital reports. (b) (1) A certificate, vital report, or vital record that is amended under this section shall be marked "AMENDED". The date of amendment, the identity of the person making the amendment, and a summary description of the evidence submitted in support of the amendment shall be made a part of the vital record or vital report. (2) The board shall prescribe by rule the conditions under which additions or minor corrections may be made to certificates or vital records within one (1) year after the date of the event without the certificate's or vital record's being considered as amended. (c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in this state and upon request of the person or his or her parents, guardian or legal representative, the State Registrar of Vital Records shall amend the certificate of birth to show the new name. (d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that the individual's name has been changed, the certificate of birth of the individual shall be amended accordingly. (e) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action. The state registrar shall advise the applicant of his or her right of appeal to a court of competent jurisdiction. (f) When a certificate or record is amended under this section by the state registrar, the state registrar shall report the amendment to any other custodian of the vital record, and the vital record shall be amended accordingly. (g) When an amendment is made to a certificate of marriage, divorce, or annulment by the local official issuing the marriage license or the court entering the decree of divorce or annulment, copies of the amendment shall be forwarded to the state registrar.

Legislative History

Amended by Act 2019, No. 315,§ 1965, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1964, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1963, eff. 7/24/2019. Acts 1981, No. 120, § 20; A.S.A. 1947, § 82-520; Acts 1995, No. 1254, § 14.