W. Va. Code R. § 64-32-12

Current through Register Vol. XLI, No. 19, May 10, 2024

Section 64-32-12 - Amendment of Vital Records

12.1. Amendment of Minor Errors on Birth Certificates During the First Year.

12.1.a. Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions may be made by the State Registrar within the first year after the date of birth either upon his or her own observation or query or upon request of a person as defined in subsection 12.3 of this section. When the additions or minor amendments are made by the State Registrar, a notation as to the source of the information, together with the date the change was made and the initials of the authorized agent making the change shall be made on the certificate in such a way as not to become a part of any certified copy issued. The certificate shall not be marked "Amended."

12.2. All Other Amendments.

12.2.a. Unless otherwise provided in this rule or in the W. Va. Code, all other amendments to vital records shall be supported by:

12.2.a.1. A notarized affidavit setting forth:

12.2.a.1.A. Information to identify the certificate;

12.2.a.1.B. The incorrect data as listed on the certificate;

12.2.a.1.C. The correct data as it should appear; and

12.2.a.2. One or more items of documentary evidence which support the alleged facts and were established at least five years prior to the date of application for amendment or within seven years of the date of the event.

12.2.b. The State Registrar shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy, he or she may reject the amendment and advise the applicant of the reasons for this action.

12.2.c. The State Registrar may in all cases require additional documentation.

12.2.d. Any other amendment to vital records not specifically provided for in this rule or in the W. Va. Code or one which was previously rejected by the State Registrar shall be made in accordance with an Order from a court of competent jurisdiction.

12.3. Who May Apply.

12.3.a. One of the parents if the registrant is under 18 years of age, the guardian or legal representative working in behalf of the registrant, the registrant if he or she is age 18 years or over, or the individual responsible for filing the certificates may make application to amend a birth certificate. In all other cases, an amendment shall be made by court order.

12.3.b. The next of kin or spouse, the informant listed on the death certificate, or the funeral director or person acting in that capacity who submitted the death certificate may make application to amend a death certificate. The physician or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner who certified to the cause of death are the only parties who may make application to amend the medical certification of the cause of death.

12.3.c. The county clerk in the county in which a marriage license was issued may accept applications for amendment of facts of marriage. The application shall be made jointly by both parties to the marriage or by the survivor. In the event the marriage to which the application relates was terminated by divorce, dissolution of marriage or annulment on or before the date of application for amendment, the applicant may request amendment only of those items on the certificate of marriage which relate to the applicant.

12.3.d. Either party to a terminated marriage may make application for amendment of matters contained in certificates of divorce, dissolution of marriage or annulment which are not part of the decree or court order. The court that terminated a marriage may make application for amendment of matters contained in certificates of divorce, dissolution or marriage, or annulment which are part of the decree or court order.

12.3.e. Amendments to delayed certificates of birth other than the correction of minor errors or the establishment of paternity by affidavit of paternity, shall be made by court order.

12.4. Amendment of Registrant's Given Names on Birth Certificates Within the First Year.

12.4.a. The parent or parents, if both are named on the birth certificate, or the guardian, person, or agency having legal custody of the registrant may until the registrant's first birthday, amend the given names by submission of a notarized affidavit.

12.4.b. After one year from the date of birth the provisions of subsection 12.2 of this section shall be followed to amend a given name if the name was entered incorrectly on the birth certificate. After one year a court of competent jurisdiction must submit a legal change of name order to change a given name.

12.5. Addition of Given Names on Birth Certificates.

12.5.a. For a child whose birth was recorded with no given names, the parent, or parents if both are named on the birth certificate or the guardian, person, or agency having legal custody of the registrant may, until the registrant's seventh birthday, submit a notarized affidavit to add the given names to the certificate of birth.

12.5.b. After 7 years of age the provisions of subsection 12.2 of this rule shall be followed to add given names.

12.6. Amendment of Cause of Death.

12.6.a. The State Registrar may amend the cause of death only upon receipt of a signed statement or by an approved electronic notification by the physician or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner who originally certified the cause of death. In the absence or inability of the physician or with his or her approval, the cause of death may be amended upon receipt of a signed statement or by an approved electronic notification from his or her associate physician, or the chief medical officer of the institution in which death occurred, or the State Medical Examiner or his or her designee or the county medical examiner or the county coroner who assumes jurisdiction of the case provided that individual has access to the medical history of the case. The State Registrar may require documentary evidence to substantiate the requested amendment.

12.7. Amendment of the Same Item More than Once.

12.7.a. Once an amendment of an item is made on a vital record, except for causes or manners of death to be amended by the State Medical Examiner, or a clerical error on the part of the State Registrar, the State Registrar shall not amend that item again except upon receipt of a court order from a court of competent jurisdiction.

12.7.b. For purpose of accuracy only, the State Medical Examiner may at any time amend the cause and manner of death based on autopsy results, additional scientific study, or further inquiry or investigation for any death originally certified by the State Medical Examiner or his or her designee or the county medical examiner or the county coroner or for any death certified by another physician that the State Medical Examiner or his or her designee or the county medical examiner or the county coroner claims jurisdiction.

12.8. Methods of Amending Certificates.

12.8.a. The State Registrar may amend certificates of birth, death, marriage, and divorce, dissolution of marriage, or annulment in the following manner:

12.8.a.1. Completing the item in any case where the item was left blank on the existing certificate.

12.8.a.2. Preparing a new certificate showing the correct information when the State Registrar determines that the nature of the amendment requires it.

12.8.a.2.A. The new certificate shall be prepared on the form used for registering current events at the time of the amendment. Except as provided elsewhere in this rule, the item number of the entry that was amended shall be identified on the new certificate.

12.8.a.2.B. In all cases, the new certificate shall show the date the amendment was made and be given the same State file number as the existing certificate. Signatures, if any, appearing on the existing certificate shall be typed on the new certificate.

12.8.a.3. Drawing a single line through the item to be amended and inserting the correct data immediately above or to the side of the item. The line drawn through the original entry shall not obliterate the entry.

12.8.a.4. In special circumstances, when determined necessary and proper by the State Registrar, completing a special form which shall include the incorrect information as it appears on the original certificate, the correct information as it should appear, an abstract of the documentation used to support the amendment and sufficient information about the registrant to link the special form to the original record. When a copy of the record is issued, a copy of the amendment shall be included or;

12.8.a.5. Amending a record maintained in an electronic file by changing the item or items to be amended. The date of amendment shall be made a part of the record and the original information shall also be retained.

12.9. Administrative Amendment.

12.9.1. Upon investigation of filed vital records incorporated into the holdings of the State Registrar or a local registrar or local custodian that were filed with incomplete or missing file dates or registrar's signatures, the State Registrar shall, if possible by approximation or other means, make an administrative amendment to the record. The records shall be marked "Amended" and the date of the amendment shall be noted in administrative files indexed to the corrected record.

W. Va. Code R. § 64-32-12