Section 33-04-12-03 - All other amendments1. Provisions for other amendments. Unless otherwise provided in this chapter or in the statute, all other amendments to vital records shall be supported by: a. A request setting forth: (1) Information to identify the record. (2) The incorrect data as it is listed on the record. (3) The correct data as it should appear. b. One or more items of documentary evidence which support the alleged facts and which were established at least five years prior to the date of the application for amendment and are prior to the applicant's eighteenth birthday. c. If the item to be corrected or amended is the date of birth, the state registrar will require additional documentary evidence established as follows: (1) If the correction is being made to the month or day of birth, the applicant must provide one item of documentary evidence which was established prior to the applicant's eighteenth birthday. (2) If the correction is being made to the year of birth, the applicant must provide two items of documentary evidence which were established prior to the eighth birthday. d. If the item to be corrected or amended is the applicant's legal name, the state registrar will require additional documentary evidence established as follows: (1) If the correction is a minor spelling change to the legal name, the applicant must provide one item of documentary evidence which was established prior to the applicant's eighteenth birthday. (2) If the correction is a legal name change, the applicant must provide two items of documentary evidence, one of which was established prior to the applicant's eighth birthday and a second item that was established prior to the eighteenth birthday. 2.Validity of evidence. The state registrar shall evaluate the evidence submitted in support of any amendment, and when the state registrar finds reason to doubt its validity or adequacy the state registrar may reject the amendment and shall advise the applicant of the reasons for this action. N.D. Admin Code 33-04-12-03
Amended effective January 1, 2008.General Authority: NDCC 23-02.1-04, 28-32-02
Law Implemented: NDCC 23-02.1-25