§ 5077a — New birth certificate due to parentage nomenclature on former report of birth form

(a) If a parent of a person born in this State was unable to be listed as a parent on the person’s birth certificate due to the lack of gender-neutral nomenclature on former report of birth forms provided by the Department of Health, and the person or the person’s parent submits sufficient proof of parentage to the State Registrar, the State Registrar shall complete the birth certificate in the Statewide Registration System. If the State Registrar denies an application under this subsection, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the issuance of a new birth certificate is warranted. If the court issues a decree ordering the issuance of a new birth certificate, the State Registrar shall update the System in accordance with the decree. The State Registrar shall record in the System the identity of the person requesting the new certificate, the nature and content of the change, the person who made the change, and the date of the change. The State Registrar shall issue a new birth certificate from the System that shall not contain the word “Amended” or other special designation, and shall notify the town clerk or clerks with custody of the certificate, who shall replace the original with the new certificate and update indexes as directed by the State Registrar. The town clerk or clerks shall send the original to the State Registrar, who shall keep it confidential.
(b), (c) [Repealed.] (Added 2013, No. 183 (Adj. Sess.), § 2; amended 2017, No. 46, § 27, eff. July 1, 2019.)