Section 146-2-5 - All Other AmendmentsA. Application 1. All amendments to vital records shall be made using the application for altering, correcting, or otherwise amending a certificate (VS-7), except as provided in sections 3 and 4 above, in paragraph 5 below, and in sections 9-11 of this chapter.2. The applicant's signature on the application form shall be witnessed by an official authorized to take oaths.3. In the case of applications to amend birth certificates, both parents shall sign the application if both are living, as specified in section 5, sub-section B, below. Their signatures shall be witnessed by an official authorized to take oaths.4. The application may be presented at the Office of Vital Statistics or at a municipal clerk's office, or it may be mailed to the Office of Vital Statistics.5. All items certified by a physician on a death or fetal death certificate (place, date, time, and cause of death) may be amended only upon completion of the supplemental cause of death form prescribed and furnished by the state registrar for this purpose.6. Notwithstanding subsection 2 and 3 above, applications for amending vital records in which the applicant's signature has not been witnessed by an official authorized to take oaths may be accepted during the period January 1 - March 31, 1993. After March 31, 1993, applications without the proper signatures will be returned to the applicant for completion before they are reviewed and processed.B. Who May Apply 1. To amend a birth certificate, application may be made by the registrant if 18 years of age or over, both parents if living, either parent if the other is deceased, the guardian, or the individual responsible for filing the certificate, as specified in 22 MRSA §2761 and in sections 7 and 8 of this chapter.2. To amend a death certificate, application may be made by the informant named on the death certificate, the funeral director or authorized person (pursuant to 22 MRSA §2846 ) who signed the death certificate, the physician who certified the death or the decedent's attending physician.3. To amend marriage certificates, application may be made by theofficiant, the bride or the groom.C. Documentary Evidence 1. Birth Certificates a. Corrections of the following items on birth certificates must be supported by at least two documents: Name of child.
Place of birth.
Date of birth.
Names of parents.
b. Corrections of other items on the birth certificate, as well as spelling errors in the names of the child or parents, must be supported by at least one document.2. Death Certificates a. Corrections of the name of the deceased on the death certificate must be supported by at least two documents.b. Corrections of the place of death, date of death, time of death (if available) and cause of death may be made only by the certifying or attending physician on the supplemental cause of death form prescribed by the state registrar for this purpose.c. Corrections of other items on the death certificate, as well spelling errors in the decedent's name, must be supported by at least one document.3. Marriage Certificates a. Corrections of the following items on marriage certificates must be supported by at least two documents: Name of bride or groom.
Place of marriage.
Date of marriage.
b. Corrections of other items on the marriage certificate, as well as spelling errors in the names of the bride or groom, must be supported by at least one document.4. Evidence a. Affidavit An affidavit of personal knowledge by a credible person having first hand knowledge of the facts, and who, for birth certificate change, is as old or older than the applicant. Only one affidavit of personal knowledge may be used for correction or completion of a record.
b. Other documents Any document or certified copy of a document which supports the alleged facts and was established at least five years prior to the date of application for amending the record.
c. Consistency of documents All documents used to support corrections of given names or other items must be in agreement with one another.
d. Medical items All items of a medical nature may be amended only upon receipt of a completed supplemental cause of death form from the physician or medical examiner who signed the medical certification. The state registrar may require documentary evidence to substantiate the requested amendment.
e. Court orders A court order may be used as documentation providing that it references the specific record to be amended and the specific changes to be made.
D. Disposition of Evidence After amendments have been made and a description of the evidence on which they are based has been entered on the certificate, the supporting documents shall be returned to the applicant.
E. Amendment Status Except as specified in sections 3, 4, 8, 9, or 11, all records altered, corrected, or otherwise amended under this chapter shall be regarded as amended and labeled accordingly.
F. Fee The fee for amending a record shall be paid at the time the application is presented to the Office of Vital Statistics. It includes a complimentary certified copy of the record after amendment.
10- 146 C.M.R. ch. 2, § 5