2018 Vermont Statutes
Title 18 - Health
Chapter 103 - Birth Records
§ 5077a New birth certificate due to parentage nomenclature on former report of birth form
§ 5077a. New birth certificate due to parentage form
(a) If a parent of a person born in this State was unable to be listed as a parent on the person's birth certificate due to the lack of gender-neutral nomenclature on the birth information form provided by the Department of Health, the person or the person's parent may petition the Probate Division of the Superior Court of the district where the person was born in order to establish his or her parentage and be issued a new birth certificate.
(b) The Probate Division of the Superior Court, after hearing, shall authorize the Supervisor of Vital Records Registration to issue a new birth certificate and transmit it, together with any information identifying the original birth certificate, to the clerk of the town where the person was born.
(c) The clerk shall file and index the new certificate in the most recent book of births, shall also index them with births occurring at the same time, and shall otherwise comply with the provisions of sections 5080 and 5081 of this title. The new certificate shall contain a notation that it was issued by authority of this chapter, and it shall not contain the word "Amended" or other special designation. (Added 2013, No. 183 (Adj. Sess.), § 2.)
[Section 5077a effective July 1, 2019; see also section 5077a effective until July 1, 2019 .]
§ 5077a. New birth certificate due to parentage nomenclature on former report of birth form
(a) If a parent of a person born in this State was unable to be listed as a parent on the person's birth certificate due to the lack of gender-neutral nomenclature on former report of birth forms provided by the Department of Health, and the person or the person's parent submits sufficient proof of parentage to the State Registrar, the State Registrar shall complete the birth certificate in the Statewide Registration System. If the State Registrar denies an application under this subsection, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the issuance of a new birth certificate is warranted. If the court issues a decree ordering the issuance of a new birth certificate, the State Registrar shall update the System in accordance with the decree. The State Registrar shall record in the System the identity of the person requesting the new certificate, the nature and content of the change, the person who made the change, and the date of the change. The State Registrar shall issue a new birth certificate from the System which shall not contain the word "Amended" or other special designation, and shall notify the town clerk or clerks with custody of the certificate, who shall replace the original with the new certificate and update indexes as directed by the State Registrar. The town clerk or clerks shall send the original to the State Registrar, who shall keep it confidential.
(b), (c) [Repealed.] (Added 2013, No. 183 (Adj. Sess.), § 2; amended 2017, No. 46, § 27, eff. July 1, 2019.)
