New Mexico Administrative Code
Title 7 - HEALTH
Chapter 2 - VITAL STATISTICS
Part 2 - VITAL RECORDS AND STATISTICS
Section 7.2.2.17 - AMENDMENT OF LIVE BIRTH AND DEATH CERTIFICATES
Universal Citation: 7 NM Admin Code 7.2.2.17
Current through Register Vol. 35, No. 18, September 24, 2024
This section is intended to supplement previous sections regarding the amendment of live birth and death records.
A. Who may apply to amend a certificate - birth and death.
(1) To amend a birth
certificate, application may be made by both parents, the legal guardian or
court ordered custodian, the registrant if 18 years of age or over, a legal
representative for the registrant or parents, or the individual responsible for
filing the original certificate. On any request not made by the registrant for
a child age fourteen years of age or older, the child must sign the application
or give notarized consent to the change unless an amendment has been issued by
a court of competent jurisdiction, and Subsection D of
7.2.2.17 NMAC of these regulations
applies. This excludes Subsection F of
7.2.2.17 NMAC.
(2) To amend a certificate of death,
application may be made by the informant or the funeral service practitioner or
person acting as such who signed the certificate of death. Applications to
amend the medical certification of cause of death shall be made only by the
certifier who signed the medical certification or the office of the medical
investigator. Other requested amendments shall be in conformance with these
regulations and the Vital Records Act.
B. Minor errors.
(1) Correction of minor errors by the state
registrar of a birth or death certificate: Correction of obvious minor errors,
transposition of letters in words of common knowledge, or omissions may be made
by the state registrar either upon his or her own observation or
query.
(2) Correction of minor
errors may be made upon request of the parents, legal guardian, or court
ordered custodian of the registrant during the first year after birth. The
certified certificate shall not be marked "amended."
C. Amendments of first or middle name. Unless otherwise provided for in these regulations or in statute, all applications for amendment to change the first or middle name on a vital record shall be supported by.
(1) An
affidavit setting forth information to identify the certificate; the incorrect
data as it is listed on the certificate; the correct data as it should appear,
together with two or more items of acceptable documentary evidence which
support the alleged facts and which were established at least five years prior
to the date of the first application for amendment. For individuals five years
or younger, acceptable documentary evidence shall be at the discretion of the
state registrar.
(2) When minor
corrections are made by the state registrar, a notation as to the source of the
information, together with the date the change was made and the initials of the
authorized agent making the change shall be made on the computer file, but
shall not become a part of any certificate issued.
(3) The state registrar shall evaluate the
evidence submitted in support of any amendment, and when they find reason to
doubt its validity or adequacy the amendment may be rejected and the applicant
advised of the reasons for this action.
(4) The bureau may also amend a record upon
receipt of a certified court order for a name change made pursuant to the
provisions of Section
40-8-1 NMSA 1978.
D. Other amendments.
(1) any application for amendment to change a
last name on a vital record, except as otherwise provided in these regulations,
shall be accompanied by a certified order from a court of competent
jurisdiction;
(2) upon the receipt
and acceptance of an acknowledgment of paternity affidavit, vital records will
add the adjudicated father and if requested on the affidavit, the name of the
child;
(3) amendment to the date of
birth on a birth certificate shall be addressed as follows:
(a) the day of birth can be corrected with an
affidavit upon proper submission of acceptable documentary evidence as long as
the day of birth is not after the date the certificate is originally
filed;
(b) changes to the month and
year of birth shall be at the discretion of and in a manner prescribed by the
state registrar; or
(c) as stated
in a certified order by a court of competent jurisdiction.
(4) No name may be removed from a vital
record without a court order;
(5)
No amendments may be made to a birth certificate after the registrant is
deceased without a court order.
(6)
Any amendment to a vital record not addressed in these regulations shall be at
the discretion of and in the manner prescribed by the state
registrar.
E. Addition of given names - birth certificates. Given names, for a child whose birth was recorded without given names, may be added to the certificate upon written request of the registrant; or
(1) both parents; or
(2) the mother in the case of a child with no
legally recognized father; or
(3)
the father in the case of the death or incapacity of the mother; or
(4) the mother in the case of the death or
incapacity of the father; or
(5)
the guardian or agency having evidence of legal custody of the registrant;
or
(6) any other legally recognized
parent, legal guardian or court ordered custodian of a minor; or
(7) upon the receipt of an order by a court
of competent jurisdiction.
F. Amendment of gender.
(1) A registrant if 18 years of age or older,
born in New Mexico, or a registrant's parent, guardian, or legal
representative, may amend the birth certificate to indicate a designated gender
by providing the following:
(a) a completed
gender designation change form provided by the bureau, along with a birth
search application form;
(b) the
statutorily required fee for the revision of a vital record pursuant to the New
Mexico Vital Statistics Act. This fee shall include one certified copy of the
amended record;
(c) a certified
copy of an order from a court of competent jurisdiction changing the name of
the registrant if applicable.
(2) Upon receipt of the required
documentation, the gender designation will be changed to indicate male, female,
or X.
(3) On any request not made
by the registrant for a child age fourteen years of age or older, the child
must sign the application or give notarized consent to the change unless an
amendment has been issued by a court of competent jurisdiction.
G. Amendment of the same item more than once. Once an amendment of an item is made on a vital record, that item shall not be amended again except upon receipt of a certified court order.
H. When an applicant or informant does not submit the minimum documentation required in the regulations for issuing or amending a vital record, or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence submitted, the state registrar shall not issue or amend the vital record and shall advise the applicant of the reason for the action.
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