5 Colo. Code Regs. § 1006-1-5

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1006-1-5 - AMENDING RECORD OR CERTIFICATES

SECTION 5.1General Requirements for Amending Certificates

1. If the registrant is less than 18 years of age, an application to amend a birth certificate may be made by the following:

a. one of the parents,

b. a legal guardian,

c. the individual responsible for filing the certificate,

d. an attorney acting on behalf of an person authorized under this rule, or

e. an authorized agent, as determined by the State Registrar.

2. If the registrant is 18 years of age or over, an application to amend a birth record must be made by one of the following:

a. the registrant,

b. their attorney, or

c. their authorized agent, as determined by the State Registrar.

3. Unless expressly stated elsewhere in this rule, only a funeral director, coroner, physician, local registrar, health facility, next of kin, or legal representative may request to amend a death record. Applications to amend the medical certification of cause of death shall be made only by the physician or coroner who signed the medical certification, in which case an amended certificate must be filed.

B. Unless otherwise provided in these regulations or in the statute, all other amendments to vital records shall be submitted and documented in the form and manner prescribed by the State Register. The submission will include:

1. The information needed to identify the record, the incorrect item as it is listed on the certificate; and the correct item as it should appear, and;

2. One or more items of documentary evidence which support the alleged facts and were established at least five years prior to the date of application for amendment or within seven years of the date of the event.

C. The State Registrar shall evaluate the evidence submitted in support of any amendment. At the discretion of the State Registrar, the amendment may be rejected if the validity or adequacy of the documentary evidence is questionable, and the applicant advised of the reasons for the action.

D. Once an amendment of an item is made on a vital event record, the item shall not be amended again, except upon determination of good cause by the State Registrar.

1. Amended certificates shall only be amended to the extent necessary to modify the Information included in the report or court decree. The remainder of the information shown on the original certificate shall remain unchanged. The certificate will be identified as "amended" or "delayed" when required by law.

2. When a registrant's sex designation is amended pursuant to Section 5.5, a new certificate is issued. The new certificate will not be marked as amended or otherwise indicate that the gender designation or any name change accompanying the gender designation change, occurred.

SECTION 5.2New Certificates of Birth to Amend Parentage (Section 25-2-113, C.R.S.)

A. A new certificate of birth may be issued as to any person born in this state upon receipt of:

1. A request from an individual or, in the case of an individual under the age of eighteen, a request from parent, guardian or legal custodian and:

a. A certified copy of a court decree issued pursuant to Section 25-2-113, C.R.S., or

b. A report or certified copy of a decree concerning the adoption, or parentage of such a person from a court of competent jurisdiction outside this state.

If the surname of the child is not decreed by the court, the request for a new certificate shall specify the surname to be placed on the record.

2. A request from a birth mother and second parent who marry after the birth of a child, a certificate of marriage, and a sworn and notarized statement of parentage signed by the birth parents. If the existing certificate includes the names of both parents, a new record may only be prepared when a determination of parentage is made by a court of competent jurisdiction. A divorce decree that does not decree parentage cannot be used to establish parentage.

3. A request from a birth mother and a second parent if, upon review of the original birth record, the State Registrar determines that the second parent's name may be added pursuant to Section 25-2-112(3), C.R.S. The surname of the child may be specified as part of the acknowledgement of parentage process.

B. A new certificate of birth will not be prepared for an adoption if the court that has decreed the adoption, an adoptive parent, or the adopted person requests that no new certificate be prepared.

C. In addition to the requirements of Section5.1, the requesting party shall provide the information necessary to locate the existing record and such other information necessary to complete the certificate, such as:

1. The name of the child;

2. The date and place of birth as transcribed from the original record;

3. The names and personal particulars of the adoptive parents or of the parents listed on the original birth record, whichever is appropriate;

4. The birth number assigned to the original birth record;

5. The original filing date.

SECTION 5.3Amendment of Minor Errors on Birth Certificates Within the First Year

Amendment of obvious errors, omissions or transposition of letters in words of common knowledge may be made by the State Registrar within the first year after the date of birth, either upon their or their designee's own observation or query, or upon request of a person with a direct and tangible interest in the certificate, as defined in Section 2.1.D. When such additions or minor amendments are made by the State Registrar, a notation as to the source of the information, together with the date the change was made and the initials of the authorized agent making the change shall be made on the record in such a way as not to become a part of any certificate issued. The certificate shall not be marked "Amended".

SECTION 5.4Amendment of Registrant's Given Name(s) on Birth Certificates Within the First Year

Until the registrant's first birthday, given names may be amended upon written request of:

A. Both parents,

B. The mother when no second parent is listed,

C. The father in the case of the death or incapacity of the mother,

D. The mother in the case of the death or incapacity of the father,

E. The legal guardian or legal custodian of the registrant, or

F. A parent in the absence of a second parent.

After one year from the date of birth, if the name was entered incorrectly on the birth certificate, the provisions of Section 5.2 must be followed to amend a given name. To change a given name after one year, a legal change of name order must be submitted from a court of competent jurisdiction.

SECTION 5.5Amendment of the Sex Designation

Before changing the sex designation on the birth certificate, the State Registrar must:

A. Confirm the registrant is eighteen years of age or older, or an emancipated minor, or, if the registrant is under the age of eighteen, confirm that the person requesting the amendment is a parent on the birth record, a legal guardian, or an attorney or other authorized agent, as determined by the State Registrar.

B. Confirm the name on the birth certificate and the name of the individual for whom the amendment is requested match, or can be linked through the submitted documentation in instances such as where the registrant is changing their name and sex designation at the same time, and

1. Receive: a certified copy of an order of a court of competent jurisdiction changing the sex of the applicant, or

a. A written request from the person, or from the person's parent, if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the sex designated on the person's original birth certificate; and,

b. A statement, in a form or format designated by the State Registrar, from the person or from the person's parent, if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, confirming the sex designation on the person's birth certificate does not align with the person's gender identity; and,

c. If the person is a minor under the age of eighteen, a statement, in a form or format designated by the State Registrar, signed under penalty of law, from a professional medical or mental health care provider licensed in good standing in Colorado or an equivalent license in good standing from another jurisdiction, that: the sex designation on the birth certificate does not align with the minor's gender identity.

3. The State Registrar shall change the sex designation pursuant to a request made under Section 5.5(C)(2) only once during an individual's lifetime. Any further amendment to the sex designation on a birth record or certificate requires a court order pursuant to Section 5.5(C)(1).

4. Pursuant to Section 25-2-113.8(7), C.R.S., if a new birth certificate is issued pursuant to this Section 5.5, the certificate will also be amended to reflect any legal name change made before or simultaneous with the change in gender designation, as long as appropriate documentation of the name change is submitted.

SECTION 5.6OTHER AMENDMENTS TO ANY VITAL EVENT RECORD OR CERTIFICATE

A. All information of a medical nature may be amended only upon receipt of a signed statement from the person(s) responsible for providing such information. The State Registrar may require documentary evidence to substantiate the requested amendment.

B. The State Register may authorize other amendments not expressly stated herein, when such amendments are authorized by statute, do not conflict with the requirements herein, and can be accomplished in the form and manner necessary to maintain the integrity of the vital event record.

5 CCR 1006-1-5

38 CR 15, August 10, 2015, effective 9/14/2015

42 CR 02, January 25, 2019, effective 2/14/2019

42 CR 20, October 25, 2019, effective 1/1/2020

44 CR 23, December 10, 2021, effective 1/14/2022