Proceedings brought under Mississippi Code Annotated § 41-57-23 must be brought against the Board of Health. Any court action should be based upon the certificate on file with the Board of Health. The petition should set out the error to be corrected, and include any documentation or other evidence upon which the claim of an error is based. A certified copy of the subject certificate and any documentary support of the petition should be attached as exhibits. In the absence of any support for a claim, the Board of Health will base its answer on the prima facie facts on the birth certificate on file. Court proceedings brought under Mississippi Code Annotated § 93-17-1 do not necessarily entitle a party to an amendment to a birth certificate, unless the Board of Health is a party to the proceedings.
15 Miss. Code. R. 5-85-3.19.1