- (1) Correction types for changes to birth certificates are described in Birth Certificate Corrections and Changes, version 2025, incorporated by reference in this rule.
- (2) A stillbirth record or fetal death record may be amended or corrected after registration.
- (3) A live birth record may not be amended or corrected after death, except that omission of a child's name may be amended after death within one year of birth.
(4)(a) A person may apply for an amendment or correction of a live birth record, stillbirth record, or fetal death record if that person is:
(i) the registrant, if the registrant is least 18 years old or has the status of emancipated minor;
- (ii) the parent of the registrant, if the registrant is under 18;
- (iii) the legal guardian of the registrant; or
- (iv) the legal representative acting on behalf of the registrant.
- (b) The licensed facility, licensed provider, or health care provider responsible for submitting the report of live birth within one year of the date of the birth may also apply.
- (5) Until one year from the date of birth, a child's name may be changed or added upon receipt of an affidavit signed by both parents named on the record or the legal guardian of the registrant.
(6)(a) The state registrar requires a court order to change or amend:
(i) a child's name after one year from the date of birth; or
- (ii) the child's sex or gender.
- (b) The state registrar does not require a court order to correct a scrivener's error.
- (7) A court order is required for any change to a delayed birth certificate.
- (8) A facility of birth or midwife attending a birth may correct a date of birth.
(9) If the facility of birth or midwife cannot make the correction to the date of birth, the Office of Vital Records may make a correction if:
(a)(i) two supporting documents are submitted demonstrating the registrant has consistently used the corrected date of birth from childhood; and
- (ii) at least one of these documents was created within seven years of the alleged date of birth; and
- (b) the corrected date of birth is before the date the birth record was registered.
(10) To amend parent information for a child under 18 years old:
- (a) the parent whose information is being changed must sign the amendment request form;
- (b) if the parent is deceased, a death certificate must be provided and another immediate family member of that parent must sign the amendment request form;
- (c) if the parents are married and the amendment request is to add the father, a marriage certificate must be provided and both parents must sign the form; or
- (d) if the parents are not married, a voluntary declaration of paternity or court order establishing paternity must be submitted for the father to be added to the child's birth certificate.
(11) To amend a live birth record, stillbirth record, or fetal death record for a registrant at least 18 years old:
- (a) the registrant, or legal guardian, must sign as one of the witnesses on the amendment request form; and
- (b) the second witness shall be an immediate family member to the registrant.
- (12) If only one parent is listed, the second witness shall be an immediate family member of the listed parent.
(13)(a) For a live birth record, any document submitted shall have been established before the registrant's 18th birthday or at least ten years before the date of the application for the amendment or correction.
- (b) The state registrar may make exceptions for other documents, including a court order, passport, or other evidence that clearly supports a fact of live birth.
KEY: vital statistics, amendments, fathers, mothers
Date of Last Change: February 17, 2026
Notice of Continuation: March 20, 2023
Authorizing, and Implemented or Interpreted Law: 26B-8-107; 26B-8-111; 81-5-302