1. A. A person requesting a correction to an individual’s registered birth record shall submit to the State Registrar or a local registrar, a written request to correct, in a Department-provided format, that includes:

   1. 1. The individual’s name currently in the individual’s registered birth record;
   2. 2. The individual’s date of birth;
   3. 3. The name before first marriage of the individual’s mother;

   4. 4. If known, the:

      1. a. Individual’s sex;
      2. b. State file number;
      3. c. Town or city of the individual’s birth;
      4. d. County of the individual’s birth;
      5. e. Hospital where the individual was born, if applicable;
      6. f. Name of the individual’s father; and
      7. g. Dates of birth of the individual’s parents; and
   5. 5. The specific information in the individual’s registered birth record to be corrected.

2. B. In addition to the information in subsection (A), an administrator of a hospital or the person in charge of the medical records for the hospital where an individual was born, who is requesting a correction to the individual’s registered birth record because of a hospital error, shall submit to the State Registrar or a local registrar:

   1. 1. The name of the hospital administrator or the person in charge of the hospital’s medical records who is requesting the correction;
   2. 2. A written statement attesting to the validity of the submitted correction, signed and dated by the hospital administrator or the person in charge of the hospital’s medical records; and

   3. 3. A copy of the:

      1. a. Document required in R9-19-202(A), or
      2. b. Part of the individual’s or the individual’s mother’s medical record containing the specific information in R9-19-201(A)(3) or (4) to be corrected.

3. C. In addition to the information in subsection (A), a physician, registered nurse practitioner, nurse midwife, or midwife who attended an individual’s birth, submitted a request for the individual’s birth registration according to R9-19-203, and requests a correction to the individual’s registered birth record because of the physician’s, registered nurse practitioner’s, nurse midwife’s, or midwife’s error shall submit to the State Registrar or a local registrar:

   1. 1. The name of the physician, registered nurse practitioner, nurse midwife, or midwife who attended the individual’s birth and who is requesting the correction;
   2. 2. A written statement attesting to the validity of the submitted correction, signed and dated by the physician, registered nurse practitioner, nurse midwife, or midwife who attended the individual’s birth; and

   3. 3. A copy of the:

      1. a. Document required in R9-19-203(A), or
      2. b. Part of the individual’s or the individual’s mother’s medical record containing the specific information in R9-19-201(A)(3) or (4) to be corrected.

4. D. In addition to requests for correction of an individual’s registered birth record made according to subsections (B) or (C), a written request for a correction to an individual’s registered birth record may be submitted by:

   1. 1. The individual, if the individual is of legal age or married;
   2. 2. A parent of the individual whose name is listed in the individual’s registered birth record;
   3. 3. The individual’s guardian; or
   4. 4. A person who has custody of the individual.

5. E. In addition to the information in subsection (A), a person in subsection (D) requesting a correction to an individual’s registered birth record shall submit to the State Registrar or a local registrar:

   1. 1. The name and mailing address of the person requesting the correction;
   2. 2. An affidavit attesting to the validity of the submitted correction, signed by the person requesting the correction;

   3. 3. If the request for correction of the individual’s registered birth record is submitted by:

      1. a. The individual’s guardian, a copy of the court order establishing guardianship, certified by the issuing court; or
      2. b. A person who has custody of the individual, a copy of the court order establishing custody, certified by the issuing court;
   4. 4. If the request for correction of the individual’s registered birth record is submitted more than 90 days after the individual’s birth, an evidentiary document that includes the specific information to be corrected; and
   5. 5. The fee in R9-19-105 for a request to correct information in a registered birth record.

Historical Note

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-207 renumbered to R9-19-206, new Section R9-19-207 renumbered from R9-19-208 and amended effective July 31, 1989 (Supp. 89-3). Section R9-19-207 repealed; new Section R9-19-207 made by final exempt rulemaking under Laws 2015, Ch. 197, § 2, at 22 A.A.R. 1782, effective October 1, 2016 (Supp. 16-2).