2006 Code of Virginia § 32.1-269 - Amending vital records; change of name; acknowledgment of paternity; change of sex

32.1-269. Amending vital records; change of name; acknowledgment ofpaternity; change of sex.

A. A vital record registered under this chapter may be amended only inaccordance with this article and such regulations as may be adopted by theBoard to protect the integrity and accuracy of such vital records. Suchregulations shall specify the minimum evidence required for a change in anysuch vital record.

B. Except in the case of an amendment provided for in subsection D, a vitalrecord that is amended under this section shall be marked "amended" and thedate of amendment and a summary description of the evidence submitted insupport of the amendment shall be endorsed on or made a part of the vitalrecord. The Board shall prescribe by regulation the conditions under whichomissions or errors on certificates, including designation of sex, may becorrected within one year after the date of the event without the certificatebeing marked amended. In a case of hermaphroditism or pseudo-hermaphroditism,the certificate of birth may be corrected at any time without beingconsidered as amended upon presentation to the State Registrar of suchmedical evidence as the Board may require by regulation.

C. Upon receipt of a certified copy of a court order changing the name of aperson as listed in a vital record and upon request of such person or hisparent, guardian, or legal representative or the registrant, the StateRegistrar shall amend such vital records to reflect the new name.

D. Upon written request of both parents and receipt of a sworn acknowledgmentof paternity executed subsequent to the birth and signed by both parents of achild born out of wedlock, the State Registrar shall amend the certificate ofbirth to show such paternity if paternity is not shown on the birthcertificate. Upon request of the parents, the surname of the child shall bechanged on the certificate to that of the father.

E. Upon receipt of a certified copy of an order of a court of competentjurisdiction indicating that the sex of an individual has been changed bymedical procedure and upon request of such person, the State Registrar shallamend such person's certificate of birth to show the change of sex and, if acertified copy of a court order changing the person's name is submitted, toshow a new name.

F. When an applicant does not submit the minimum documentation required byregulation to amend a vital record or when the State Registrar finds reasonto question the validity or sufficiency of the evidence, the vital recordshall not be amended and he shall so advise the applicant. An aggrievedapplicant may petition the circuit court of the county or city in which heresides or the Circuit Court of the City of Richmond, Division I, for anorder compelling the State Registrar to amend the vital record; an aggrievedapplicant who was born in Virginia, but is currently residing out of State,may petition any circuit court in the Commonwealth for such an order. TheState Registrar or his authorized representative may appear and testify insuch proceeding.

(Code 1950, 32-353.24; 1956, c. 259; 1960, c. 451; 1979, c. 711; 1983, c.240; 1985, c. 86.)