Mo. Code Regs. Ann. tit. 19, § 10-10.110
PURPOSE: This rule identifies when an affidavit is appropriate to amend a vital record and when a court order is required.
(1) A request for correction(s) of a certificate shall be made to the Bureau of Vital Records. The request shall identify the certificate to be corrected by stating whether it is a birth, death or fetal death record; the name of the registered person; the date and place of the event; which items are omitted or in error; and the correct information for the items. The Bureau of Vital Records shall send a correction form to the applicant with instructions regarding who should sign and what documentary proof is required to support the correction requested.
(5) years prior to the date of application for the amendment. A filed document is defined as a record which is permanently maintained by an agency, organization or business and is accessible for verification at a later date.
(2) Major deficiencies on individual vital records shall be corrected by court order. The Bureau of Vital Records shall be furnished with a certified copy of an order from a court of competent jurisdiction directing them to make the desired correction. The order shall identify the record(s) as presently filed and direct the bureau as to the items to be corrected, amended or changed.
(A) Major deficiencies specifically requiring a court order are those that—
record;
record corrected by court order, adoption or legitimation;
by affidavit;
record when adequate documentation before the eleventh birthday is not available;
name on a birth record. The mother’s first, middle and maiden name can be corrected by a notarized affidavit from the hospital’s medical records department if the hospital prepared the original record in error. If the error was not made by the hospital, then one (1) of the recorded parents or the registrant, if of legal age, shall furnish a notarized affidavit requesting correction and a certified copy of the mother’s birth record or a certified copy of the parent’s marriage license or a certified statement of marriage from the recorder of deeds’ office;
record, the name of the natural parent or add the name of a parent when deceased;
name of the registrant or the surname of the father by changing three (3) or more letters, or by changing one (1) or two (2) letters 19 CSR 10-10
which results in a different pronunciation of the surname;
name of the deceased by changing three (3) or more letters or by changing one (1) or two (2) letters which results in a different pronunciation of the surname;
name when the name appears to be that typically used for the opposite sex;
ed signature will be typed); or
birth record. To delete the father’s name from a birth certificate, the court order shall find that he is not the natural father and then direct the Bureau of Vital Records to delete his name from the birth record. If the court also finds the natural father and the mother have been legally married, the birth certificate can be legitimated by the same court order. The order shall give the date and place of marriage. The order also shall give the natural father’s full name, date of birth, state of birth, race, Social Security number, and the natural mother’s date of birth and Social Security number to establish a new birth certificate by legitimation. If the child’s name is to be changed to the father’s name, the order also shall indicate the name change.
(4) Depending on the item(s) to be amended, those qualified to make application to change a record are the informant, midwife, physician, coroner, medical examiner and personnel from institutions, clinics and funeral homes who were responsible for filing the certificate.
(A) To amend a death certificate by affidavit, application may be made by the informant or the funeral director or person acting for the funeral director on the following items: decedent’s first name, decedent’s middle name, decedent’s sex, decedent’s date of death (affidavit of funeral home representative or certifier only), decedent’s Social Security number, decedent’s age, decedent’s month of birth, decedent’s day of birth, was decedent ever in United States armed forces?, place of death, marital status, surviving spouse’s name (see paragraph (2)(A)8. of this rule), decedent’s usual occupation and kind of business or industry, decedent’s residence, decedent’s origin and race, decedent’s education, father’s first name, father’s middle name, mother’s first name, mother’s middle name. Informant’s name, informant’s mailing address, disposition information, name and address of funeral home and funeral establishment license number can be amended only by affidavit of funeral home representative. The medical information can be amended only by the medical certifier, coroner or medical examiner who certified the cause of death.
spelling of a last name(s) except as provided in paragraph (2)(A)8. of this rule. Age, date of birth and surnames of mother, father and surviving spouse require one (1) document other than an insurance policy which gives the correct information. An affidavit is required to correct the age if the year is correct.
certificate through the amendment process, documentary evidence considered necessary to preserve the integrity of the certificate shall be required.
(B) To amend a fetal death certificate, application may be made by informant, coroner, medical examiner or personnel from the hospital, clinic or funeral home who prepared the certificate.
amendment process is the same as for a birth or death certificate.
changed only by the medical certifier, coroner, medical examiner or personnel of the institution responsible for filing the certificate. Cause of death information can be amended only by the medical certifier, coroner or medical examiner.
death certificate, documentary evidence considered necessary to preserve the integrity of the certificate shall be required.