Section 450. Evidence required for corrections or amendments

Every application for a correction or amendment of a birth or death certificate shall be accompanied by appropriate documentary evidence as follows:

1. Except as provided in subdivisions 2 and 3 of this section, name changes, other than minor corrections in spelling involving the given names or surname of a registrant, or the given names or surnames of the parents or of a spouse as listed on a certificate, shall require that a certified or attested copy of a court order changing the name be obtained.

a. In cases where the mother's married surname is listed instead of her maiden name, a correction can be made administratively with a correction affidavit and copy of her birth record.

b. In cases where the given name shown on a birth certificate was not used or known to the registrant and this fact can be proven by the registrant, the birth certificate can be amended administratively with primary evidence showing the name at birth and a correction affidavit.

2. Within one year of birth, the given names listed on a birth certificate may be changed by the affidavit of:

a. Both parents;

b. The mother in the case of a child born out of wedlock;

c. The father in the case of the death or incapacity of the mother;

d. The mother in the case of the death or incapacity of the father; or

e. The guardian or agency having legal custody of the registrant.

3. In cases of hermaphroditism or pseudo-hermaphroditism, given names of a registrant may be changed on a birth certificate by affidavit of the parents or guardian as listed in subdivision 2 of this section, or by affidavit of the registrant if 18 years of age or older. Additionally, a statement from a physician must be submitted which certified the birth record of the registrant contains an incorrect designation of sex because of congenital hermaphroditism, pseudo-hermaphroditism, or ambiguous genitalia which has since been medically clarified.

4. Except as otherwise provided in the Code of Virginia or this chapter, after one year from the date of birth, any change of name shall be made only by court order, and any second change of name within one year shall be made only by court order.

5. Within seven years after birth, given names may be added to a birth certificate where such information has been left blank by use of an affidavit only prepared by the parent, guardian, or legal representative of the child.

6. If the date of birth on a birth certificate is to be changed more than one year, a certified copy of a court order changing the date of birth shall be submitted. Evidence to be supplied to the court in support of such change should include a federal census transcript from the Bureau of the Census.

7. If the date of birth on a birth certificate is to be changed to one year or less from the date of birth, a federal census transcript from the Bureau of the Census shall be required as documentary evidence.

8. If a federal census transcript cannot be obtained, an affidavit shall be obtained which sets forth: the identity of the incorrect record, the incorrect data as it is listed, the correct data as it should be listed, and the documentary evidence supporting the facts. In addition to the affidavit, a document or certified or true copy of such document must be obtained which was written before the registrants' eighth birth date and will establish the identity of the certificate to be altered or corrected and will support the true and correct facts. Any item of a vital record which has been previously corrected may only be changed again by court order.

9. All documents, except the affidavit, shall be returned to the applicant after review.

Historical Notes

Derived from VR355-29-100 § 11.2, eff. April 1, 1995; amended, Volume 19, Issue 26, eff. October 8, 2003.

Statutory Authority

§§ 32.1-12 and 32.1-250 of the Code of Virginia.