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2021 SPECIAL SESSION I

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SB 1121 Birth certificates; amending certificate, review of request.

Introduced by: Mamie E. Locke | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Birth certificates; amendments. Provides that every request for an amendment to a birth certificate shall be reviewed to determine whether the requested amendment can be made administratively or if a judicial order is required for the amendment. The bill also requires the Department of Health to make information about the process by which amendments to a birth certificate may be requested and are reviewed available on its website. Such information shall include a standard form for requests for amendments to a birth certificate.

SUMMARY AS PASSED SENATE:

Birth certificates; amendments. Provides that, in cases regarding amendments to birth certificates not already set out in the Code of Virginia, an amendment to a birth certificate shall be evaluated by the State Registrar through an administrative process pursuant to regulations as may be adopted by the State Board of Health. The bill requires the State Registrar to establish and publicize an internal process for modifying birth certificates and to make available to the public on its website a standard form a birth certificate made available to the public on its website. The bill also provides that when an applicant requests a change to a vital record that requires a judicial order, the vital record shall not be amended and the State Registrar shall so advise the applicant in a written notice that the applicant has the right to petition the court.

SUMMARY AS INTRODUCED:

Birth certificates; amendments. Creates a new process for the amendment of birth certificates other than an amendment to show paternity if paternity is not shown on the birth certificate. The bill requires the State Registrar of Vital Records to amend a birth certificate upon receipt of an application, a sworn affidavit testifying to the corrected information, and such other evidence as may be required by regulations of the Board of Health and provides that regulations of the Board specifying the minimum evidence required for an amendment to a birth certificate shall not require a copy of a court order or a federal census transcript as evidence.