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  1. #1
    Join Date
    Apr 2018
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    Default How to Correct the Date of Birth on a Birth Certificate

    My question concerns vital records in: New Mexico.

    I gave birth to my daughter at home with a midwife and my husband in attendance almost 15 years ago. My midwife sent in paperwork to NM vital records office and a birth certificate was issued. Unfortunately, the DAY was off by one day and subsequently the Birth Certificate is wrong. Vital records has told me nothing can be done after the child is one year old. I can't believe there's is no way to remedy this but I have been unable to locate legislation dealing with this particular issue, so, if anyone knows how I might go about getting this corrected, any advice would be much appreciated. I believe the midwife is still practicing.

    Many thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Correct the Date of Birth on a Birth Certificate

    You will need a court order.
    Quote Quoting New Mexico Statutes, Sec. 24-14-25. Correction and amendment of vital records.
    A. A certificate or report registered under the Vital Statistics Act may be amended only in accordance with that act and regulations adopted by the department pursuant to that act to protect the integrity and accuracy of vital records and health statistics.

    B. Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of the person or the person's parent, guardian or legal representative, the state registrar shall amend the original certificate of birth to reflect the new name.

    C. Upon request and receipt of an acknowledgement of paternity signed under penalty of perjury by both parents of a child born to an unmarried mother or, in the case of a married mother, upon receipt of an acknowledgment of paternity signed under penalty of perjury by the mother and the non-husband and of a denial of paternity signed under penalty of perjury by the husband, the state registrar shall amend a certificate of birth to show the paternity if paternity is not shown on the birth certificate. The certificate of birth shall not be marked "amended".

    D. Upon receipt of a statement signed under penalty of perjury by the person in charge of an institution or from the attending physician indicating that the sex of an individual born in this state has been changed by surgical procedure, together with a certified copy of an order changing the name of the person, the certificate of birth of the individual shall be amended as prescribed by regulation.

    E. When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's statements or statements made under penalty of perjury or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital records and shall advise the applicant of the reason for this action.

    F. A certificate or report that is amended under this section shall be marked "amended", except as otherwise provided in Subsection C of this section. The date of the amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked "amended".
    Quote Quoting New Mexico Administrative Code, Sec. 7.2.2.17. Amendment of Live Birth and Death Certificates
    This section is intended to supplement previous sections regarding the amendment of live birth and death records.

    A. Who may apply to amend a certificate - birth and death.

    (1) To amend a birth certificate, application may be made by both parents, the legal guardian, the registrant if 18 years of age or over, or the individual responsible for filing the certificate. On any request not made by the registrant him or herself for a child age fourteen years of age or older, the child must sign the application or give notarized consent to the change, and Section 17.D [now Subsection D of 7.2.2.17 NMAC] of these regulations applies.

    (2) To amend a certificate of death, application may be made by the immediate family or the funeral service practitioner or person acting as such who signed the certificate of death. Applications to amend the medical certification of cause of death shall be made only by the certifier who signed the medical certification or the office of the medical investigator. Other requested amendments shall be in conformance with these regulations and the Vital Records Act.

    B. Minor Errors.

    (1) Correction of minor errors by the state registrar during the first year of birth: Correction of obvious minor errors, transposition of letters in words of common knowledge, or omissions may be made by the state registrar either upon his or her own observation or query.

    (2) Correction of minor errors may be made upon request of the immediate family of the registrant during the first year after birth. The certified certificate shall not be marked “amended.”

    C. Amendments of first or middle name. Unless otherwise provided for in these regulations or in statute, all applications for amendment to change the first and/or middle name on a vital record shall be supported by.

    (1) An affidavit setting forth information to identify the certificate; the incorrect data as it is listed on the certificate; the correct data as it should appear, together with two or more items of acceptable documentary evidence which support the alleged facts and which were established at least five years prior to the date of the first application for amendment and within seven years of the date of the event.

    (2) When minor corrections are made by the state registrar, a notation as to the source of the information, together with the date the change was made and the initials of the authorized agent making the change shall be made on the computer file, but shall not become a part of any certificate issued.

    (3) The state registrar shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy the amendment may be rejected and the applicant advised of the reasons for this action.

    (4) The bureau may also amend a record upon receipt of a court order for a name change made pursuant to the provisions of NMSA, 1978 Section 40-8-1.

    D. Other Amendments.

    (1) Any application for amendment to change a last name on a vital record, except as otherwise provided in these regulations, shall be accompanied by an order from a court of competent jurisdiction.

    (2) Any amendment to a vital record not addressed in these regulations shall be at the discretion of and in the manner prescribed by the state registrar.

    E. Amendment of given name - birth certificates. If acceptable evidence specified by the state registrar is presented which demonstrates a registrant has commonly used a given name other than that shown on a certificate of birth, given names may be amended upon written request of the registrant or:

    (1) both parents; or
    (2) the mother in the case of a child with no legally recognized father; or
    (3) the father in the case of the death or incapacity of the mother; or
    (4) the mother in the case of the death or incapacity of the father; or
    (5) the guardian or agency having evidence of legal custody of the registrant; or
    (6) any other legally recognized parent or legal custodian of a minor.

    F. Addition of given names - birth certificates. Given names, for a child whose birth was recorded without given names, may be added to the certificate upon written request of the registrant; or

    (1) both parents; or
    (2) the mother in the case of a child with no legally recognized father; or
    (3) the father in the case of the death or incapacity of the mother; or
    (4) the mother in the case of the death or incapacity of the father; or
    (5) the guardian or agency having evidence of legal custody of the registrant; or
    (6) any other legally recognized parent or legal custodian of a minor, or
    (7) upon the receipt of an order by a court of competent jurisdiction

    G. Amendment of the same item more than once. Once an amendment of an item is made on a vital record, that item shall not be amended again except upon receipt of a court order.

    H. When an applicant or informant does not submit the minimum documentation required in the regulations for issuing or amending a vital record, or when the state registrar has reasonable cause to question the validity or adequacy of the applicant’s sworn statements or the documentary evidence submitted, the state registrar shall not issue or amend the vital record and shall advise the applicant of the reason for the action.

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