Mo. Code Regs. tit. 19 § 10-10.110
Current through Register Vol. 49, No. 9, May 1, 2024
Section 19 CSR 10-10.110 - Amending or Correcting Vital RecordsPURPOSE: This amendment changes and/or updates procedural requirements for documenting changes made to vital records and clarifies supporting document requirements for correcting and/or amending vital records.
PURPOSE: This rule identifies when an affidavit is appropriate to amend or correct a vital record and when a court order is required.
(1) A request for correction(s) of a certificate shall be made to the Bureau of Vital Records. The request shall identify the certificate to be corrected by stating whether it is a birth, death, or fetal death record; the name and sex of the registered person; the date of the event; which items are omitted or in error; and the correct information for the items. The Bureau of Vital Records shall make available a correction affidavit to the applicant with instructions regarding who should sign and what documentary proof is required to support the correction requested. The correction affidavit process shall only be utilized to restore an item to its intended original value. (A) To correct an item(s) on a certificate, documentary evidence necessary to preserve the integrity of the certificate shall be required. Depending on the number of items to be corrected, more than one (1) document may be required. Corrections, other than those that are court ordered, require a notarized affidavit or electronic submission in the Missouri Electronic Vital Records System by an approved professionally licensed or certified data provider or a person in charge of a licensed institution or such person's designated representative. Documentary evidence which supports the alleged facts shall be a filed document which shows, as a minimum, the correct full name and correct age or date of birth and, when possible, shall have been filed at least five (5) years prior to the date of application for the amendment. A filed document is defined as a record which is permanently maintained by an agency, organization, or business and is accessible for verification at a later date.(B) The burden of submitting proof is on the applicant. The state registrar shall determine whether the document submitted satisfactorily supports the correction requested. When the applicant cannot submit proper documentation, the applicant shall be notified of the deficiencies and given appeal rights to a court of competent jurisdiction.(2) Major deficiencies on individual vital records shall be corrected or amended by court order. The Bureau of Vital Records shall be furnished with a certified copy of an order from a court of competent jurisdiction indicating the desired change(s). The order shall identify the record(s) as presently filed and indicate the items to be corrected or amended.(A) Major deficiencies specifically requiring a court order are those that- 1. Change year of birth on a birth record;2. Change any birth, death, or fetal death record created or previously amended or corrected by court order, adoption, or legitimation;3. Change an item previously amended or corrected by affidavit, except when the cause or manner of death on a death record is being corrected from pending investigation;4. Change on a birth record the registrant's first name, middle name, last name, or suffix when different from the mother's birth certificate worksheet used to originally register the birth certificate (not including if first and middle names not yet chosen);5. Completely change the mother's name on a birth record. The mother's first, middle, and maiden name can be corrected by a notarized affidavit from the hospital's medical records department if the hospital prepared the original record in error. If the error was not made by the hospital, then one (1) of the recorded parents or the registrant, if of legal age, shall furnish a notarized affidavit requesting correction and a certified copy of the mother's birth record or a certified copy of the parent's marriage certificate from the recorder of deeds' office or a certified statement of marriage;6. Completely change, on the birth record, the name of the natural parent or add the name of a parent when deceased;7. Change, on the birth record, the surname of the registrant, last name of the mother, or the last name of the father by changing three (3) or more letters, or by changing one (1) or two (2) letters which results in a different pronunciation of the last name;8. Change, on the death record, the last name of the deceased by changing three (3) or more letters or by changing one (1) or two (2) letters which results in a different pronunciation of the last name;9. Change both the sex and registrant's name when the name appears to be that typically used for the opposite sex;10. Change a written signature ( new signature will be typed); or11. Delete father's name on a birth record. To delete the father's name from a birth certificate, the court order shall find that he is not the natural father and then direct the Bureau of Vital Records to delete his name from the birth record. If the court also finds the natural father and the mother have been legally married, the birth certificate can be legitimated by the same court order. The order shall give the date and place of marriage. The order also shall give the natural father's full name, date of birth, state of birth, race, Social Security number, and the natural mother's date of birth and Social Security number to establish a new birth certificate by legitimation. If the child's name is to be changed, the order also shall indicate the name change.(3) The original certificate/office working copy of the birth, death, or fetal death shall have the amendment or correction entered on its face by interlineation with a line drawn through the incorrect entry or, if possible, by electronic deletion of the incorrect entry and replacement with the updated item. The item name and/or number and date amended or corrected and a summary description of the method and, if applicable, evidence submitted in support of the change shall be endorsed on or made part of the record.(4) Depending on the item(s) to be amended or corrected, those qualified to make application to change a record are the informant, midwife, physician, coroner, medical examiner, and personnel from institutions, clinics, and funeral homes who were responsible for filing the certificate.(A) To correct a death certificate by affidavit, application may be made by the informant or the funeral director or a person acting for the funeral director, upon written authorization, on the following items: decedent's first name, decedent's middle name, decedent's sex, decedent's date of death (affidavit of funeral home representative or certifier only), decedent's Social Security number, decedent's age, decedent's month of birth, decedent's day of birth, was decedent ever in United States armed forces?, place of death, marital status, surviving spouse's name (see paragraph (2)(A)8. of this rule), decedent's usual occupation and kind of business or industry, decedent's residence, decedent's origin and race, decedent's education, father's first name, father's middle name, mother's first name, mother's middle name. Informant's name, informant's mailing address, disposition information, name and address of funeral home, and funeral establishment license number can be corrected only by affidavit of funeral home representative. The medical information can be corrected only by the medical certifier, coroner, or medical examiner who certified the cause of death.1. An affidavit and supporting documentation is required to correct the spelling of a last name(s) except as provided in paragraph (2)(A)8. of this rule. Age, date of birth, and last names of mother, father, and surviving spouse require an affidavit and one (1) document other than an insurance policy which gives the correct information.2. To correct all other items on a death certificate through the correction process, documentary evidence considered necessary to preserve the integrity of the certificate shall be required.(B) To correct a fetal death certificate, application may be made by informant, coroner, medical examiner or personnel from the hospital, clinic, or funeral home who prepared the certificate.1. Except for medical information, the correction process is the same as for a birth or death certificate.2. The medical information can be corrected only by the medical certifier, coroner, medical examiner, or personnel of the institution responsible for filing the certificate. Cause of death information can be corrected only by the medical certifier, coroner, or medical examiner.3. To correct all other items on a fetal death certificate, documentary evidence considered necessary to preserve the integrity of the certificate shall be required.(C) To correct a birth certificate, application may be made by one (1) of the parents, the legal guardian, the registrant, if of legal age, or the individual or individual representing the institution responsible for the filing of the certificate. An affidavit and any required supporting document shall be filed according to the requirements of the following chart: Click to view image
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AUTHORITY: section 193.215, RSMo 1986.* This rule was previously filed as 19 CSR 30-10.110. Original rule filed Jan. 24, 1992, effective June 25, 1992. Changed to 19 CSR 10-10.110 July 30, 1998. Amended by Missouri Register August 1, 2023/Volume 48, Number 15, effective 9/30/2023*Original authority: 193.215, RSMo 1984.