38-1130. Amendment of birth certificate to change name of parent or child; procedure.
38-1130
38-1130. Amendment of birth certificate to change name of parent orchild; procedure.(a) Whenever the parents of a minor child desire that the child'sbirth certificate be amended to add the name of a parent, correct the nameof either parent or of the child or change the child's last name to that ofeither parent, both parents shall appear before a judge of the districtcourt or a hearing officer authorized by rule of the supreme court toaccept voluntary acknowledgments of parentage. The parents shall executeaffidavits in the presence of the judge or hearing officer, attesting tothe fact that each is a parent of the child and that they desire to amendthe birth registration of the child. If both parents are not residents ofthis state and are outside this state, both parents shall forward to suchjudge or hearing officer affidavits, sworn to before a judicial officer ofthe state in which they reside and attesting to the fact that each is aparent of the child and that they desire to amend the birth registration of the child.
(b) The judge or hearing officer shall require the parents to exhibit orto forward to the judge or hearing officer evidence of the birth of thechild. If the judge or hearing officer finds that the birth certificate ofthe child fails to name either the father or mother of the child, that thename of either parent or the child is incorrect or that the child's nameshould be changed to that of either parent, the judge or hearing officershall forward both parents' affidavits to the state registrar of vitalstatistics, together with a certified order to prepare a new birthregistration in the manner provided by K.S.A. 38-1128 and amendmentsthereto and to seal the affidavits, court order and original birthcertificate and allow inspection of them only as provided therein.
(c) The judge or hearing officer shall return all evidence and otherexhibits to the parents of the child. No fee shall be charged for theperformance of this service. No case file will be opened in the districtcourt, nor will any record be made by the court of the performance of this act.
(d) This statute shall be part of and supplemental to the Kansas parentage act.
History: L. 1986, ch. 157, § 4; July 1.