South Dakota Administrative Rules
44:09 - PUBLIC HEALTH STATISTICS
Chapter 44:09:05 - Amendment of records.
44:09:05:04 - Who may request an amendment

44:09:05:04. Who may request an amendment. A birth certificate may be amended upon the request of the registrant if of legal age, one of the parents, the guardian, or the individual responsible for filing the certificate. Any item in the statistical portion of the birth certificate, however, may be amended only upon receipt of oral or written notification of an error from the person responsible for the completion of the items. Any item amended in the statistical portion of the birth certificate may not be marked amended.

A death certificate may be amended upon the request of the next of kin, the funeral director, or the person acting as the funeral director. Any item in the medical certification or any item of a medical nature may be amended only upon receipt of an affidavit from the attending licensed physician or from the county coroner who assumes jurisdiction over the decedent pursuant to SDCL 23-14-18. If an amendment is made by a county coroner, the county coroner shall specify in the affidavit the subdivisions in SDCL 23-14-18, regarding deaths in the public interest, under which the coroner assumes jurisdiction over the decedent and evidence of consultation with a licensed physician unless the coroner is a licensed physician. The Department of Health may require documentary evidence to substantiate any requested amendment. The department shall give notice of the amendment to the physician who made the original medical certification.

A marriage record may be amended upon the request of either of the registrants, the individual who solemnized the marriage, the local registrar filing the marriage, or a legal representative acting on behalf of one of the registrants. Any item in the "Information for Statistical Purposes Only" section of the marriage record may be amended by oral or written notification of an error from the person responsible for the completion of the items. No item amended in the "Information for Statistical Purposes Only" section may be marked amended.

Source: SL 1975, ch 16, ยง 1; 6 SDR 93, effective July 1, 1980; 13 SDR 202, effective July 5, 1987; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

General Authority: SDCL 34-25-51.

Law Implemented: SDCL 34-25-51.

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