Current through September 21, 2024
After one (1) year no corrections shall be made on the face
of the original certificate. Unless otherwise provided in the regulations or by
statute, all amendments to vital records shall be supported by an Affidavit of
Correction form and one piece of documentary evidence.
(a) Affidavits of Correction.
(i) Affidavits of Correction must set forth
information to identify the certificate, the incorrect item(s) as it is listed
on the certificate, the correct item(s) as it should appear, and a description
of the evidence used to support the correction.
(ii) Only those eligible to apply to correct
the certificate may sign the affidavit. (See succeeding sections for who is
eligible to apply.)
(iii) The
applicant shall not alter the affidavit.
(iv) The affidavit must be signed before an
official authorized to administer oaths.
(b) Documentary evidence.
(i) Evidence must have been established at
least five (5) years prior to the date of the first application for amendment
or within seven (7) years of the date of the event.
(ii) With the exception of the item or items
on the certificate to be corrected, evidence must correspond with the original
certificate as to all other pertinent information.
(iii) Documents used as evidence must contain
the item(s) of information exactly as it is to be corrected on the
certificate.
(iv) Documents that
have been altered will not be accepted.
(v) Only one (1) document can be used as
evidence. All information to be corrected must be shown on that
document.
(vi) A copy of a document
from an organization must be certified as a true copy of the original by the
custodian of the document and show the date the document was originally
made.
(vii) Copies of certified
copies will not be accepted.
(viii)
Supporting evidence will be copied and returned to the applicant upon
completion of the amendment.
(ix)
The State Registrar of Vital Records shall evaluate the evidence submitted in
support of any amendment to a certificate. When he or she finds reason to
question the validity or adequacy of evidence submitted, the amendment may be
rejected and the applicant advised of the reasons for this action.
(c) Corrections to a certificate
made by affidavit must be completed within one (1) year from the date of the
application for correction. After one (1) year the file will be closed. The
file can be opened again by the resubmission of acceptable evidence.
(d) After an item on a certificate has been
amended, that item can only be amended or changed again by a court
order.
(e) All corrections to a
certificate made by affidavit must be done at one time. Any corrections
thereafter will require a court order.
(f) The Affidavit of Correction shall become
a part of the original certificate.
(g) A certificate which has been prepared or
amended by court order can only be changed or amended again by a court
order.
