Nev. Admin. Code § 440.030

Current through October 11, 2024

Section 440.030 - Alteration or correction of certificate: Principal and supplementary affidavits

1. An affidavit for alteration or correction of a certificate must consist of two parts as follows:

(a) The first part must consist of an affidavit in which the affiant sets forth the facts that are not correctly stated on the certificate and also sets forth the changes necessary to correct the certificate.

(b) The second part must consist of other verifiable evidence corroborating the facts contained in the principal affidavit, which may include, without limitation, a supplementary affidavit if deemed appropriate by the State Registrar. Any supplementary affidavit must be executed by a person other than the affiant of the principal affidavit.

2. The State Registrar may accept the affidavit for alteration or correction of a certificate only if the affiants:

(a) Have signed any affidavit and these signatures are notarized;

(b) Have personal knowledge of the facts stated therein; and

(c) Have provided a supplementary affidavit or other verifiable evidence to support the affidavit.

3. If medical records that may be used as other verifiable evidence for the purposes of paragraph (b) of subsection 1 are not available, the State Registrar may allow another type of document to be used for that purpose.

4. Evidence submitted as other verifiable evidence for the purposes of paragraph (b) of subsection 1 to support the alteration or correction of information concerning the parents of a child on a birth certificate must be dated prior to the birth of the child.

5. As used in this section:

(a) "Alteration or correction of a certificate" includes, without limitation, an alteration or correction to any:

(1) Date of birth;

(2) Date of death;

(3) Age;

(4) Part of the location of the birth or death;

(5) Gender or sex;

(6) Time of birth;

(7) Hour of death;

(8) Birthplace;

(9) Part of an address;

(10) Certifier or attendant information;

(11) Part of the cause of death;

(12) Communicable disease information;

(13) Funeral director or certifier information;

(14) Information relating to disposition of the decedent's remains; or

(15) Occupation, industry, education, social security number, race, ethnicity or military service information of the decedent or any name on a certificate for which an error can be proven.

(b) "Personal knowledge" means cognizance of a circumstance or fact gained directly through firsthand experience or observation, or through a personal, familial, medical or professional relationship with the person.

Nev. Admin. Code § 440.030

Bd. of Health, Births and Deaths Art. 3 §§ 3.1-3.2, eff. 7-3-76-NAC A 12-3-84; A by R066-16A, eff. 11/2/2016; A by R150-18A, eff. 1/30/2019

NRS 440.120