16 Del. Admin. Code § 4205-10.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4205-10.0 - Amendment of Vital Records(Authorization: Section 3131)
10.1 Amendment of Minor Errors on Birth Certificates During the First Year. Amendment of obvious errors, transposition of letters in words of common knowledge, or obvious omissions may be made by the State Registrar within the first year after the date of birth either upon his or her own observation or query or upon request of a person as defined in subsection 10.3. 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 certificate in such a way as not to become a part of any certified copy issued. The certificate shall not be marked "Amended."10.2 All Other Amendments. Unless otherwise provided in these regulations or in the statute, all other amendments to vital records shall be supported by: 10.2.1 An affidavit setting forth: 10.2.1.1 Information to identify the certificate;10.2.1.2 the incorrect data as it is listed on the certificate;10.2.1.3 the correct data as it should appear; and10.2.2 One or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event.10.2.3 The State Registrar shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy, the amendment may be rejected and the applicant advised of the reasons for this action.10.3 Who May Apply. 10.3.1 To amend a certificate of birth, application may be made by one of the parents, if the registrant is under age 18; the guardian, the registrant if 18 years of age or over; or the individual responsible for filing the certificate.10.3.2 To amend a certificate of death, application may be made by the next of kin, the informant listed on the certificate of death, or the funeral director or person acting as such who submitted the certificate of death. Applications to amend the medical certification of cause of death may be made only by the physician who provided the medical certification or the medical examiner.10.3.3 To amend a certificate of marriage, application must be made jointly by both parties to the marriage or by the survivor. In the event the marriage to which the application relates was terminated by divorce or annulment on or before the date of application for amendment, the applicant may request amendment only of those items on the certificate of marriage which relate to the applicant.10.4 Amendment of Registrant's Given Names on Certificates of Birth Within the First Year. 10.4.1 Until the registrant's first birthday, given names may be amended upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.10.4.2 After one year from the date of birth the provisions of subsection 10.2 must be followed to amend a given name if the name was entered incorrectly on the certificate of birth. A legal change of name order must be submitted from a court of competent jurisdiction to change a given name after one year.10.5 Addition of Given Names on Certificates of Birth.10.5.1 Until the registrant's seventh birthday, given names, for a child whose birth was recorded without given names, may be added to the certificate upon receipt of an affidavit signed by the parent(s) named on the certificate or the guardian, person, or agency having legal custody of the registrant.10.5.2 After seven years the provisions of subsection 10.2 must be followed to add a given name.10.6 Legal Change of Name. Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in Delaware and upon request of such person or his or her parents, guardian, or legal representative, the State Registrar shall amend the certificate of birth to show the new name.10.7 Amendment of Sex. 10.7.1 The Registrar shall establish a new certificate of birth that reflects the new sex upon receipt of the following documents:10.7.1.1 An affidavit requesting a new certificate of birth with a sex that differs from the sex listed on the original certificate of birth of the registrant, or if the registrant is a minor, the registrant's parent, guardian, or legal representative; and10.7.1.2 An affidavit signed by a licensed medical or mental health professional, licensed by a US jurisdiction in a relevant discipline, who has treated or evaluated the registrant, including license number and name of issuing jurisdiction of the professional stating that:10.7.1.2.1 The registrant has undergone surgical, hormonal, psychological or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or10.7.1.2.2 The registrant has an intersex condition, and that in the provider's professional opinion, the individual's sex as listed on the original birth certificate should be changed.10.7.2 If a change of name listed on the certificate is also being requested, the requirements listed in subsection 10.6 must be met.10.7.3 The item numbers of the entries that were amended shall not be identified on the new certificate or on any certified copies that may be issued of that certificate.10.7.4 Subsequent changes to sex on a registrant's birth certificate will be made in accordance with subsection 10.9 of these regulations.10.8 Amendment of Cause of Death. The cause of death may be amended only upon receipt of a signed statement or an approved electronic notification from the physician or medical examiner who originally certified the cause of death. In the absence or inability of the physician or with his or her approval the cause of death may be amended upon receipt of a signed statement or an approved electronic notification from his or her associate physician, or the chief medical officer of the institution in which death occurred, or a medical examiner who assumes jurisdiction of the case provided such individual has access to the medical history of the case. The State Registrar may require documentary evidence to substantiate the requested amendment.10.9 Amendment of the Same Item More than Once. Once an amendment of an item is made on a vital record, that item shall not be amended again except upon receipt of a court order from a court of competent jurisdiction.10.10Methods of Amending Certificates. Certificates of birth, death, and marriage may be amended by the State Registrar in the following manner:10.10.1 Completing the item in any case where the item was left blank on the existing certificate.10.10.2 Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side thereof. The line drawn through the original entry shall not obliterate such entry.10.10.3 Amending a record maintained in an electronic file by changing the item(s) to be amended. The date of the amendment must be made part of the record and the original information must also be retained.10.11 Denial of Amendment. When an applicant does not submit the minimum documentation required for amending a vital record or when the State Registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the State Registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.10.12 Notification of Amendment.10.12.1 When a certificate or report is amended under this section by the State Registrar, the State Registrar shall report the amendment to any other custodian of the vital record and their record shall be amended accordingly.10.12.2 When an amendment is made to a certificate of marriage by the local official issuing the marriage license, copies of such amendment shall be forwarded to the State Registrar.16 Del. Admin. Code § 4205-10.0
20 DE Reg. 641( 2/1/2017) (Final)