La. Admin. Code tit. 48 § V-11101

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-11101 - Proofs Necessary

A. All documents submitted to accomplish alterations to vital records in the custody of the state registrar shall be certified, true copies of the original instrument. No alteration may be made to an original signature. All alterations shall be effected as set forth in Volume 9, Number 5, page 324 of the Louisiana Register, dated May 20, 1983.

1. Certificate of Live Birth

a. Last Name.

i. Obvious errors in spelling may be altered by a baptismal record or letter issued by the delivering hospital or midwife from their medical records.

ii. A complete change of surname can be made with an acknowledgment of paternity or act of legitimation for illegitimate births; the parents marriage application for legitimate births; a name change judgment will suffice in all instances.

b. First and Second Names

i. Between birth and 12 years of age, these names may be altered by an affidavit executed by the mother and father (if a father's name appears on the certificate) or the survivor of them or the parent having legal custody or a baptismal certificate or delivering hospital record.

ii. The names of persons over 12 years of age may be altered by a five year old record containing the registrant's facts of birth, e.g., school record, marriage application, baptismal certificate, application for a social security number or voter registration record.

c. Date of Birth. In instances where the request for alteration encompasses a period of less than one calendar year, a hospital statement or baptismal certificate (if baptism occurred during the first year) may be utilized to alter this item. Note that this is possible only where the new birth date is prior to the file date shown on the certificate.

d. Hour of Birth, This Birth, Order of Birth, Place of Birth, Date of Birth, Date of Signature, and the Section Entitled "Information for Medical and Health Use Only." Item appearing in or under these listed designations will require a statement signed by the hospital administration, attending physician or midwife.

e. Sex

i. In case of erroneous classification at birth, this item may be altered by hospital, attending physician or midwife records, an early school record or marriage application.

ii. Other requests for alteration relating to sex will be processed as set forth in R.S. 40:62-1.

f. Father and Mother of Child. Information pertaining to the mother and father listed on the certificate may be altered with the parent(s') birth certificate(s, marriage application or child's baptismal certificate.

g. Race. In the absence of definitive statutory or jurisprudential guidelines, a request for race alteration must be handled on a case by case basis with the applicant submitting documents pertaining to his/her ancestry to support the change. The state registrar of his representative will offer suggestions or assistance in an attempt to reach an amicable solution.

2. Delayed Certificate of Birth. All alterations to this document shall be predicated upon an order from a court of competent jurisdiction. If the alteration pertains to date of birth, the order shall be issued by civil district court of the parish of Orleans.

3. Certificate of Death. The coroner of the parish where death occurred can cause alteration of any item on a death certificate, when that request is communicated on his letterhead with his original signature. Otherwise, alterations may be effected upon presentation of proofs appearing herein below.

a. Last Name, Parents and Birthplace. Alterations to the last name shall be predicated upon the birth certificate of the deceased (if available), a baptismal certificate or the parents' marriage application.

b. First, Second Name, Date of Birth and Sex. These items may be altered by a five year old record containing the registrant's facts of birth, e.g. school record, marriage application, baptismal certificate, application for a social security number or voter registration record.

c. Date, Place and Hour of Death. Alterations of these sections sill require a written statement of the attending physician or coroner.

d. Surviving Spouse. Where a name of a spouse does not appear on the certificate, it may be added with the marriage application and affidavit executed by the surviving spouse that he/she has not remarried. In the event a request is made to the registry to displace the name of a spouse shown on the certificate, the registry may consider an order from a court of competent jurisdiction.

e. Usual Occupation Kind of Business or Industry and Usual Residence of Deceased. An affidavit executed by the informant will cause this section to be amended.

f. Cause of Death, Death Due to External Violence and Physician's Certification. Alterations to these sections can only occur after receipt of a written statement of the attending physician or coroner submitted ion his letterhead and containing his original signature.

g. Type of Disposition and Name and Location of Cemetery. Alteration to this section shall be supported by a statement signed by the section.

4. Certificate of Marriage

a. Only those marriage records on file in the vital records registry representing the purchase of a license in Orleans Parish are addressed in this section. Requests for alterations to other marriage records should be brought to the attention of the clerk of court in the parish of license purchase.

b. Information pertaining to the bride or groom extracted from the birth certificate presented upon application for license may be altered by an amended birth certificate or an order issued by a court of competent jurisdiction.

c. Data pertaining to usual residence can be altered with an affidavit executed by the affected marriage participant.

La. Admin. Code tit. 48, § V-11101

Promulgated by the Department of Health and Human Resources, Office of Preventive and Public Health Services, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:33 and R.S. 40:59.