Idaho Admin. Code r. 16.02.08.201

Current through September 2, 2024

Section 16.02.08.201 - COMPLETION AND CORRECTION OF CERTIFICATES

01.Correction of Minor Errors on Certificates During the First Year.

a. Except as otherwise provided in these rules, correction of obvious errors or transposition of letters in words of common knowledge, may be made by the State Registrar or an authorized agent within the first year after the date of the event either upon individual observation, query, or upon request of any person listed in Subsection 201.07.d. of this rule. The method of correction will be determined by the State Registrar, and is not subject to the requirements of Subsection 201.09 of this rule.

b. When such minor corrections 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 must be made on the certificate in such a way as not to become a part of any certification issued. The certificate will not be marked as amended.

02.Amendment of Registrant's Given Names or Surname on Birth Certificates Within the First Year.

a. Until the registrant's first birthday, given names or surname may be amended upon written notarized request of:

i. Both parents;

ii. The mother in the case of a child born out of wedlock and the father's name is not shown on the certificate;

iii. The father in the case of the death or incapacity of the mother;

iv. The mother in the case of the death or incapacity of the father; or

v. The legal guardian or agency having legal custody of the registrant.

b. The certificate must be marked as amended.

03.Amendment of Registrant's Given Name on Birth Certificate After the First Year.

a. After one (1) year from the date of birth, the provisions of Subsection 201.07 of this rule must be followed to amend the given name if the name was entered in error at the time of the preparation of the birth certificate.

b. A legal name change order from a court of competent jurisdiction must be submitted to change any part of a name after one (1) year unless there is verifiable documentation establishing the child legally assumed the desired name before the first birthday.

04.Addition of Given Names on Birth Certificates.

a. 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 written notarized request of:

i. Both parents;

ii. The mother in the case of a child born out of wedlock and the father's name is not shown on the certificate;

iii. The father in the case of the death or incapacity of the mother;

iv. The mother in the case of the death or incapacity of the father; or

v. The legal guardian or agency having legal custody of the registrant.

b. The certificate will be marked as amended.

c. After the registrant's seventh birthday, the provisions of Subsection 201.07 of this rule must be followed to add a given name.

05.Acknowledgment of Paternity. When paternity has already been established on the certificate by a Voluntary Acknowledgment of Paternity affidavit, a court determination of paternity is required to change the father's information.

06.Amendment of Indicator of Gender.

a. The State Registrar must issue an amended Idaho certificate of live birth for the change of the indicator of sex upon receipt of the following:

i. For a registrant eighteen (18) years of age and older, a completed and notarized application on a form approved by the State Registrar that includes the following information:

(1) The identity of the applicant;

(2) The Idaho certificate of live birth to be amended;

(3) A declaration that the registrant's indicator of sex on the Idaho certificate of live birth does not match the registrant's gender identity; and

(4) The gender indicator as it should appear on the amended certificate of live birth.

ii. For a registrant under the age of eighteen (18), a completed and notarized application on a form approved by the State Registrar that includes the following information:

(1) The identity of the applicant;

(2) The Idaho certificate of live birth to be amended;

(3) A declaration that the registrant's indicator of sex on the Idaho certificate of live birth does not match the registrant's gender identity;

(4) The gender indicator as it should appear on the amended certificate of live birth; and

(5) The consent of all parents listed on the certificate of live birth or the consent of the registrant's legal guardian. If a parent is deceased, a copy of the death certificate must be submitted with the application. If a parent cannot be located, the applicant must also submit a certified copy of an order from an Idaho court of competent jurisdiction ordering that the consent of only one (1) parent is required.

b. The amended certificate of live birth issued under this rule must not be marked amended, must not refer to the original certificate of live birth sex, and must show the amended gender as requested. The certificate of live birth being amended, application, and court order if required, must be placed in a sealed file which may only be opened by an order from an Idaho court of competent jurisdiction.

c. A one-time name change made under an amendment of sex on the certificate of live birth, whether made prior to, at the time of, or subsequent to a change of indicator of gender on a certificate of live birth must not be marked amended and must not refer to the original birth certificate name or indicator of sex. Any additional name changes are governed by Subsections 201.08 and 201.09 of this rule.

07.All Other Amendments. Unless otherwise provided in these rules or in Section 39-250, Idaho Code, all other amendments to vital records must be supported by:

a. A notarized affidavit setting forth:

i. Information to identify the certificate;

ii. The incorrect data as it is listed on the certificate; and

iii. The correct data as it should appear.

b. If one (1) year has elapsed since the date the event occurred, one (1) or more items of documentary evidence which support the alleged facts, and which were established at least five (5) years prior to the date of application for amendment or within seven (7) years of the date of the event.

c. Any item of a medical nature can be amended only upon receipt of a notarized affidavit from the person certifying such item, except that queries originating in the vital statistics office and subsequently completed and signed by the certifier may be used to complete or modify the reported cause of death. The State Registrar may require documentary evidence to substantiate the requested amendment. Requests for amendments for which a funeral home, birth facility, or certifier provides verifiable documentation of a data entry error will not be marked amended.

d. Applications to amend a specific vital record will be accepted as follows:

i. An application to amend a birth certificate may only be made by one (1) or both of the parents, the legal guardian, the registrant if eighteen (18) years of age or older, or the individual responsible for filing the certificate.

ii. An application to amend a death certificate may only be made by the informant, the next of kin, the funeral director or person acting as such who signed the death certificate, or the certifying physician or coroner.

iii. An application to amend a stillbirth or miscarriage certificate may only be made by one or both parents or the individuals responsible for filing the certificate.

iv. An application to amend a marriage or divorce certificate may only be made by the custodian of the official record from which the certificate was prepared, either of the parties to the marriage or divorce, or the individual responsible for filing the certificate.

e. The State Registrar will evaluate the evidence submitted in support of any amendment, or require additional documentation. The State Registrar's decision and determination will be based upon serving the objectives of the vital statistics statutes and the best interests of the public. In the event the application is rejected or additional information is required, the State Registrar must advise the applicant of the reason for the action and the right to appeal pursuant to Section 39-250(5), Idaho Code.

08.Amendment of the Same Item More Than Once. Once an item is amended on a vital record, that item can not be amended again except upon receipt of a court order from an Idaho court of competent jurisdiction.

09.Methods of Amending Certificates.

a. Certificates of birth, death, stillbirth, miscarriage, marriage, and divorce may only be amended by the State Registrar as follows:

i. Preparing a new certificate showing the correct information when the State Registrar deems that the nature of the amendment so requires. The new certificate may be prepared on the form used for registering current events at the time of amendment. Except as provided elsewhere in these rules, the item number of the entry that was amended must be identified on the new certificate. In every case, except as provided elsewhere in these rules or the Idaho Code, the new certificate must show the date the amendment was made and be given the same state file number as the existing certificate. Signatures appearing on the existing certificate must be typed on the new certificate.

ii. Completing the item in any case where the item was left blank on the existing certificate.

iii. Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side. The line drawn through the original entry must not obliterate such entry.

iv. A birth certificate amended in accordance with the provisions of Section 39-250(4), Idaho Code, must be amended as prescribed in Subsection 201.09.a.iii. of this rule. The fact that the name was changed in accordance with a court order must be stated on the certificate.

b. Unless prohibited by statute or rule, the date the amendment was made and the initials of the person making the change must be inserted on the face of the certificate and the certificate marked as amended.

Idaho Admin. Code r. 16.02.08.201

Effective March 15, 2022