Minnesota Administrative Rules
Agency 144 - Health Department
Chapter 4601 - VITAL RECORDS
BIRTH RECORDS
Part 4601.1300 - REPLACEMENT BIRTH RECORD
Universal Citation: MN Rules 4601.1300
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Registering replacement record.
The state registrar must register a replacement record. The state registrar may delegate the responsibility to register a replacement to a local registrar if the state registrar determines that a local registrar has the training and resources to register the replacement records. A replacement record must be registered:
A. upon
receipt of a certified copy of an order, decree, or certificate of adoption
according to Minnesota Statutes, section
144.218,
subdivision 1;
B. if a birth record
of a child has been registered and the birth parents of the child marry after
the birth of the child according to Minnesota Statutes, section
144.218,
subdivision 3. The state registrar must register the replacement record upon
receipt of a certified copy of the marriage certificate of the birth parents
and either a recognition of parentage or court adjudication of
paternity;
C. upon receipt of a
court order according to Minnesota Statutes, section
144.218,
subdivision 4;
D. upon receipt of a
declaration of parentage, a recognition of parentage, or a court order
according to Minnesota Statutes, section
257.73;
or
E. according to any other
applicable state or federal statutes or regulations.
Subp. 2. Changing original birth record.
A. A replacement record must
contain all of the information from the original record except:
(1) a registrar must change information that
a court order specifically directs the registrar to change;
(2) a registrar must change parent and
registrant information provided to a registrar on a certificate of adoption. If
the birth mother is not named as a parent on the replacement birth record,
health information and any civil registration information that would identify
the birth mother will not be included on the replacement record; and
(3) in the case of a paternity adjudication,
recognition of parentage, or declaration of parentage, a registrar must add the
father's information when creating a replacement record. According to Minnesota
Statutes, section
144.215,
subdivision 3, if the court order does not declare the name of the child, a
registrar must change the surname of the child to the surname of the father if
both parents request the change in writing.
B. Changes to the replacement record other
than those permitted under item A must be requested as an amendment under part
4601.1000.
Statutory Authority: MS s 144.12; 144.213; 144.215
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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