26B-8-107. Correction of errors or omissions in vital records -- Conflicting birth and foundling certificates -- Rulemaking.

352 words·~2 min read·/ut/title-26b/chapter-8/26b-8-107

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Effective 5/3/2023

(1)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the department may make rules:

(a)governing applications to correct alleged errors or omissions on any vital record;

(b)establishing procedures to resolve conflicting birth and foundling certificates;

(c)allowing for the correction and reissuance of a vital record that was originally created omitting a diacritical mark; and

(d)notwithstanding any other provision of law, allowing for the change of a child's name on the child's birth certificate within one year from the day the child is born.

(2)For a birth certificate, the department may correct an error or omission under Subsection (1)(a) if:

(a)the error or omission is a result of a scrivener's error or a data entry error; and

(b)the department receives:

(A)an affidavit from the applicant attesting that there is an error on the birth certificate;

(B)supporting documentation from the health care facility or attending health care provider; and

(C)an affidavit from the health care facility or health care provider described in Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting documentation; or

(ii)documentation deemed sufficient by the state registrar to establish the facts of the error or omission.

(3)The department may amend a birth certificate's sex designation for an intersex individual at the request of the individual or the guardian of the individual if:

(a)the sex designation indicating the biological sex at birth of the individual was misidentified on the original certificate due to the individual's condition; and

(b)the department receives:

(i)a correction affidavit attesting the individual is intersex;

(ii)chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm the individual is intersex; and

(iii)an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test or analyzed the test results, attesting to the test results and accuracy.

Renumbered and Amended by Chapter 306 , 2023 General Session

Amended by Chapter 493 , 2023 General Session