SUPPLEMENTAL RECORDS Oops Correcting and Filing Supplemental Records

SUPPLEMENTAL RECORDS Oops …. . Correcting and Filing Supplemental Records

Agenda Amending Birth Records Amending Death Records Legal Name Changes Disinterment Permits Adoption Records Paternity Records Question and Answer Session

General Information Once a birth or death certificate has been officially filed, it may only be corrected by presenting satisfactory evidence that a mistake was made on the original record at the time it was completed. [ HSC § 191. 028] The amendment form becomes an addendum to the original record. A copy of the completed amendment form will be forwarded to the local registration official in the district where the birth or death occurred.

HSC § 191. 028 Sec. 191. 028. AMENDMENT OF CERTIFICATE. (a) A record of a birth, death, or fetal death accepted by a local registrar for registration may not be changed except as provided by Subsection (b) An amending certificate may be filed to complete or correct a record that is incomplete or proved by satisfactory evidence to be inaccurate. The amendment must be in a form prescribed by the department. The amendment shall be attached to and become a part of the legal record of the birth, death, or fetal death if the amendment is accepted for filing, except as provided by Section 192. 011(b). (c) Not later than the 30 th business day after the date the department receives an amending certificate, the department shall notify the individual of whether the amendment has been accepted for filing.

General Information Once a birth or death certificate has been officially filed, it may only be corrected by presenting satisfactory evidence that a mistake was made on the original record at the time it was completed. [ HSC § 191. 028] The amendment form becomes an addendum to the original record. A copy of the completed amendment form will be forwarded to the local registration official in the district where the birth or death occurred.

Alpha Character Codes for Birth Amendments Child’s First Name BIRTH AMENDMENT ORIGINAL INFORMATION CORRECT INFORMATION C 1 FN GEORGY GEORGE F 2 MN HENRI HENRY VS 171 Father’s Middle Name These letters are called alpha descriptions and they correspond to the field that is being corrected on the birth certificate. Each field has a unique alpha description.

AMENDING BIRTH RECORDS

The Application to Amend Certificate of Birth may be used to correct an item left blank or to correct errors made during the completion of the original birth certificate. The affidavit portion of the amendment form should be completed by the hospital birth registrar or an older immediate family member in the presence of a notary public. If the birth certificate of a minor is being amended, both parents must sign the amendment form in the presence of a notary public.

Examples: Birth Record shows: James Smith - James Earl Smith Linda Rodriguez - Maria Linda Rodriguez Michael John Harris - Michael J Harris Lizzie Mc. Guire – Lizzie Jones William Lee Parker – Bill Lee Parker

Changing child’s name completely If the parents decide they no longer want to keep the birth name given to the child and want to change any part of the given name (first, middle, last) a court ordered name change will be required.

Examples: Robert Anthony Smith - Adam Earl Smith Sarah Jane Conner - Sarah Linda Conner Debbie Rose Harris - Alice Rose Harris Andrew J Guerrero – Andrew B Guerrero Joseph A Parker – Joseph A Ramirez

The Application to Amend Certificate of Birth may be used to correct an item left blank or to correct errors made during the completion of the original birth certificate. The affidavit portion of the amendment form should be completed by the hospital birth registrar or an older immediate family member in the presence of a notary public. If the birth certificate of a minor is being amended, both parents must sign the amendment form in the presence of a notary public.

Proper Completion of Amendment Application Part 1: Information as it is on the record now! (Before Amendment) Part 2: Information that needs to be Corrected Part 3: Affidavit portion of amendment form must be a sworn statement Please Note: This form can not be used to add the father to the birth record. No exceptions!

Part One of the Amendment Application. If child has no name put “Infant of” then last name of father if he is listed on record. If the father is not listed, put “Infant of” then Mother’s last name. If you do not know the state file number leave it blank. If the father is not listed on the birth record leave it blank.

Proper Completion of Amendment Application First Name John Last Name Smitth Item Number or Name as it is on the birth record: “First Name” “Item 1 a” How it appears on the original birth record Jon Smith What the Correct information is.

Proper Completion of Amendment Application James Smith and Kathy Smith “Parents” or “Mother and Father” If the child is a minor and both parents are listed on child’s the birth record BOTH Parents must sign the affidavit portion. It must say how the person who is signing the affidavit portion is related to the registrant (The person listed on the birth record) i. e. “Parents” “Mother and Father” “Older Sister” etc.

Amendment Guidelines § § § There are currently no restrictions on the name a mother may give to her child. The last name of the child does not have to match the last name of either the father or the mother. Once the birth record is filed, a legal name change would be required to change the child’s name to match the father’s or mother’s last name. An item may only be changed or corrected by the amendment process one time. After that a court order would be required. You may not file an amendment to a new birth certificate filed based on adoption or paternity. The certificate will

Amendment Guidelines …continued § § § We will not accept an application wherein Item #10 and/or Part III of the application have been altered. A new application must be completed and signed before a notary public or other official who is authorized to witness a signature. The registrant can sign the amendment application for him or herself, however, a supporting document would be required along with the application. Even if the change being requested is not significant. Generally, the affidavit and one acceptable document is sufficient. Acceptable documents must be certified and show the issuing organization’s name, address, date of original entry along with date issued. Depending on what’s being corrected, it must also show the registrant’s correct

Amendment Guidelines …continued § § § If the document being submitted is from a foreign country, they must obtain an Apostille from the foreign Consulate of that country. An Apostille certifies the certifier that issued the record. We will accept foreign notaries on applications. (Amendments and Paternities only) o Keep in mind the document submitted must properly identify the record and match the change being requested.

Amending Registrant’s Information Adding Information - Items Left Blank on the Original Certificate (This includes changing an initial to a name with the same first initial) § § Registrant zero (0) to 17 years of age. . . Affidavit signed by both parents Adult Registrant (18 and over). . . Affidavit signed by a parent or older relative Correcting the Spelling of a First, Middle, or Last Name (Names having the same sound or diminutive and minor misspellings ) § Registrant zero (0) to 17 years. . . Affidavit signed by both parents

Amending Registrant’s Information . …. Continued Changing First or Middle Name(s) (This includes changing a name to the first initial of the same name) § § Zero (0) to 17 years. . . . . Affidavit signed by both parents AND one document that supports the change being requested Adult (18 years and older). . Affidavit signed by a parent or older relative AND one document that supports the change being requested Changing the Last Name § Zero (0) to Adult age. . . . Court Ordered Name Change

Correcting the Sex when Name Identifies Gender Examples: Barbara, Nancy, Sarah are typical Female names Albert, Mark, Andrew are typical Male names § § Registrant zero (0) to 17 years of age. . . Affidavit signed by both parents Adult Registrant (18 and over). . . Affidavit signed by a parent or older relative

Correcting the Sex when Name Does Not Identify Gender Examples: Sam, Terry, Angel, Kelly could either be Male and Female names. § § Registrant zero (0) to 17 years of age. . . Affidavit signed by both parents And one supporting document Adult Registrant (18 and over). . . Affidavit signed by a parent or older relative And one supporting document

Amending the Date of Birth Month/Year of Birth § You may amend the date of birth up to ONE year as long as the correct date of birth does not exceed the date the attendant or local registrar signed the record AND one strong supporting document must be presented. Day of Birth § § Zero (0) to 17 years ……………. . . . Affidavit signed by both parents Adult Registrants (18 and over). . Affidavit signed by a parent or older relative

Amending Parents Information Changing First or Middle Name(s) (Significant Changes) § Affidavit signed by the parent affected AND one document that supports the change being requested Changing the Last Name § Affidavit signed by the parent affected AND one document that supports the change being requested Double last name………Depending on the change being requested, in most cases, the birth certificate of affected parent should be submitted. If the record is a foreign document it will have to be apostilled.

How to Determine What is a Satisfactory Document We have guidelines to help our staff determine what a satisfactory document is. Our duty as employees of Vital Statistics is to maintain the integrity of the documents filed here while providing quality customer service.

How to Determine What is a Satisfactory Document ……. Continued Things to take into consideration … § § § The Age of the Registrant. The Item being amended. Names require strong documents. Is the Registrant adding or dropping information? Whether the Change is Significant or Minor. The Relationship of the Person Signing the Affidavit to the Registrant. The closer the relationship, the stronger the affidavit. The older the document is in relation to the registrant’s date of birth the more valuable it is as a supporting document. We are looking for documents that can prove how the registrant has established his/her identity from the earliest age possible.

What would VSU require? Accept or Reject

CASE #1 An amendment application, properly completed, is received to request a change in a child’s name. The original birth record shows Enrique and the parents are requesting it to be changed to Hector. What will VSU require?

Answer: Case #1 Accept: Enrique and Hector are forms of the same name.

CASE #2 A mother comes into your office requesting to correct her baby’s name from Samantha to Christina. Both parents are listed on the birth certificate. What will VSU require?

Answer: Case #2 Requirement: Both parents are required to sign the amendment application. Also, a document is required to support the change.

CASE #3 An amendment application is received requesting the gender be changed. The original birth record shows Matthew Smith. The application is signed by both parents in the presence of a notary public. The notary indicated only the father appeared before them. What will VSU require?

Answer: Case #3 Requirement: The notary must indicate both parents appeared before him/her. No documentation would be required. It is a gender specific name.

DEATH AMENDMENTS

APPLICATION TO AMEND CERTIFICATE OF DEATH The Application to Amend Certificate of Death may be used to correct items left blank or errors made during the completion of the original record. Most items can be corrected by the original informant, or the funeral director, by signing the amendment form in the presence of a notary public and submitting the form with fee to our office. Medical information may only be corrected by the medical certifier by filing a medical amendment.

Alpha Character Codes for Death Amendments Deceased’s First Name DEATH AMENDMENT ORIGINAL INFORMATION CORRECT INFORMATION D 1 FN ANDY ANDREW F 2 MN JOHNY JOHNNY VS 173 Father’s Middle Name These letters are called alpha descriptions and they correspond to the field that is being corrected on the death certificate. Each field has a unique alpha description.

Correcting the Date of Death Effective 10 -1 -2010 The Date of Death will only be corrected by using the Medical Certification form. The Medical Certification (VS-174) form must be properly completed Note: Applications to Amend received requesting the date of death be corrected will be returned.

CASE #1 An Application to Amend Death Certificate is received requesting the Place of Death be corrected. The application is properly completed and signed by the Funeral Director. What will VSU require?

Answer: Case #1 Requirement: The Place of Death can not be amended. You will need to contact your TER Helpdesk.

CASE #2 Ms. Smith wants to remove a woman’s name listed as the spouse from her husbands death certificate. She is claiming to be the legal spouse of the deceased and submits a marriage license along with the Application to Amend. What will VSU require?

Answer: Case #2 Requirement: The informant listed on the death certificate is the only person who can request a change to the spouse’s name shown on the death certificate. If the informant is not willing or available to sign a court order establishing the martial status of the deceased, at the time of death, is required.

Legal Court Ordered Name Change

LEGAL NAME CHANGE AMENDMENTS You MUST have a court order to change the last name except when a paternity is being filed. A certified copy of the court order, bearing the seal and signature of the clerk of the court should be submitted with an application. Filing Fee: $15. 00

Multiple Name Change Court Orders If an individual has obtained several court orders changing their name, VSU will require that each order be filed. At times VSU will receive a 2 nd or 3 rd court order but the 1 st order was never submitted for filing. For tracking purposes VSU will require the 1 st, 2 nd and 3 rd court orders before the request is processed. There will be a filing fee for each court order filed.

DISINTERMENT PERMITS

DISINTERMENT PERMITS Disinterment Permits are issued by VSU to authorize disinterring, transporting, and reinterring a body within the State of Texas. A Disinterment Permit is not required if a body is to be disinterred and reinterred in the same cemetery. The Application for a Disinterment Permit(VS-271) must be signed by a licensed funeral director or embalmer and submitted with the 3 part Consent Form. (VS-271. 1) The Consent Form consists of the signatures of the cemetery owner, the plot owner, and the closest living next of kin of the deceased for the disinterment.

DISINTERMENT PERMITS …. continued Since cremation is considered a final disposition, a disinterment permit is not required to remove or transport cremains. No photocopies will be accepted. This goes for all VSU applications. A Disinterment Permit can be issued even though a death certificate was never filed with VSU.

CEMETERY CONSENT FORM

CASE #1 A death occurred in another State. The body is buried in Texas. Family is wanting to move the body back to the State where the death occurred. What will VSU require?

Answer: Case #1 Requirement: Application for Disinterment Permit Consent Form with all three signatures Filing Fee $25. 00 A Burial Transit Permit will need to be obtained from the local registrar’s office.

ADOPTIONS

Certificate of Adoption May be used to: file an adoption which has gone through the Texas courts. file an adoption for a child who was born in another country and adopted in a Texas court. The New Certificate of Adoption is now available on our website. Filing Fee: $25. 00

Adoptions On the Certificate of Adoption: The New name of the child must be listed and verified by the District Clerk’s office who is certifying the Certificate of Adoption. Maiden name of adoptive/bio mother must be shown. Court Orders must be certified with the court’s seal. Out of State Adoptions- Statute says these will be forwarded to VSU, VSU will then forward to the appropriate

Registering Foreign Adoptions Texas Vital Statistics does not accept court orders from any country other than the United States. For this reason, Texas residents who adopt children from other countries must have their adoptions validated through a Texas court. VS 166. 531 – Validation Petition VS 166. 532 – Validation Order Examples of a petition and order are on our website:

Paternity

Documents used to file a New Birth Certificate Based on Parentage One of the following documents must be presented with the Application for a New Birth Certificate Based on Parentage Certified copy of a court order establishing paternity Filed Acknowledgment of Paternity Marriage License of Biological parents Filing Fee: $25. 00

Application for a New Birth Certificate Based on Parentage May be used to: Add the biological father’s name and information. Removing father based on Rescission of an AOP. Remove the father or mother’s name and information with a court order. Substitute the Intended Parents in a gestational agreement.

Paternity …. continued In the event a father’s name is to be removed, a court order must specify to remove a father from the birth certificate. Terminating rights does not remove the father. Applications need to be properly completed-items left blank pertaining to bio mother and new name of child could delay processing. Paternities are used to add the bio father and change last name of child to that of the father.

Paternity …. continued The child’s name listed in the court order must match the application. Seals must be affixed to court orders and be signed by the presiding Judge. Child support orders must list bio father. Partial AOP’s can be completed and submitted.

Paternity …. continued Establishing paternity through divorce decree must verify the findings; children of the marriage, bio parent. In the cases of Legal Guardian court orders, VSU prefers the Application For New Birth Certificate Based on Parentage (vs-166) be signed by one of the parents. An adult can sign their own Application to Amend Based on Parentage (vs-166) and submit

Removing Father after AOP Rescission Per SB 502 a signatory (one person) to the AOP can rescind the AOP with 60 days. This rescission is valid an authorized VSU to change the birth record to remove the father. It does not allow VSU to change the child’s last name. To change the child’s last name, VSU will need a court ordered change of name. Application For New Birth Certificate Based on Parentage (VS-166) Signed by One of the Signatures of the AOP and a properly completed Rescission Form (VS-158) filed with VSU.

Case #1 An Application for a New Birth Certificate Based on Parentage is received, properly signed and notarized by both parents. A certified copy of the marriage license is submitted. There is another man listed on the birth certificate. What will VSU require?

Answer Case #1 Requirement: A marriage license can not be used to remove a father’s name and add another. A court order establishing paternity is required. Or A divorce decree stating the child was not born of the marriage can be used. Or An AOP can be signed by all three parties

Case #2 Birth Certificate was filed reflecting Maria Angela Acosta, DOB 12 -3 -1940, as the mother. An application to amend is received requesting the mother’s name be changed to Christina Marie Rodriguez, DOB 3 -5 -1941 What will VSU require?

Answer Case #2 Requirement: Application to Amend Based on Parentage An adjudication (i. e. court order) of the woman’s maternity. [FC 160. 201 (a)(2)] Fee of $25. 00 for filing

Case #3 An application to amend is received correcting the child’s last name from that of the mother to that of the father. A father’s name is listed on the application but not on the original birth certificate. Upon investigating, it turns out the parents completed an AOP with a certifying entity a month after the birth. What will VSU require?

Answer Case #3 Requirement: An Application to Amend Based on Parentage Filing fee $25. 00 VSU reviewers noticed there was a father listed on the application but not on the original birth certificate and were able to contact the customer and get the required application.

Local Registrar Processes for Supplemental Records

Supplemental Procedures for Local Registrars: Adoption and Paternity Replacement Records Find original birth record and remove. Replace with new record that VSU has provided you. Destroy original. (If the adoption or paternity is ever revoked we will send you copy of the original) Edit Indexes to show new name and parent information as it appears on new record. Make sure these procedures are in your employee training manual.

Fitting on Security Paper Have a supply of 8 ½ x 14 legal size security paper. Reduce size if needed Can also try fitting amendments side by side.

Filing Amendments For Birth Records Only Filed At The Local Registrars Office

The VS-170 form. See back of application on amendment requirements. Call VSU if need assistance. Complete VS-171. 1 Rev 1/192 Have the customer provide you with the from the stating we did not find the record. Have them Complete Application to Amend Certificate of Birth: Make Sure the state does not have the record: Filing Amendments For Birth Records Only Filed At The Local Registrars Office Type or print NEATLY. This will become part of the original birth record.

Part I Should be completed with information as it appears on original record Date document was originally created or signed. Date Document Was issued

Questions & Answers WHAT DO YOU WANT TO KNOW?