Section 5-C:87 Initiating Amendments and Corrections to Birth Records.
I. Any change to a birth record shall be initiated with the clerk of the town or city of birth occurrence by a personal visit or letter from the requesting party.
II. Within 6 months from the filing of the birth record, changes or corrections to the birth record may be made without obtaining approval from the state registrar by using the appropriate form in accordance with RSA 5-C:85.
III. After 6 months from the filing of the birth record, no change or alteration to the birth record on file with the division, or on file in any city or town in the state of New Hampshire, shall be made except upon application, in accordance with RSA 5-C:85, to the state registrar by one of the parents, the guardian or legal representative of the child or, if the person whose record is involved is 18 years of age or older, by the person, himself or herself.
IV. Upon receipt of a certified copy of a court order changing the name of a person born in the state of New Hampshire, the clerk of the town or city shall amend the birth record by replacing the original name with the new name, enter a marginal note stating ""legal change of name per court order'' with the date of the order, and ""A.K.A.'' the original name, and shall forward notice of the change to the state registrar.
V. Upon receipt of a certified copy of a court order advising that such individual born in the state of New Hampshire has had a sex change, a new birth record shall be prepared to reflect such change.
VI. For birth records created prior to 1948, if the surname was left blank but the surname was provided for the father or mother of the registrant, the parents surname shall be added as the surname of the registrant by the clerk of the town or city or the state registrar, but a correction form and documentation shall not be required to do so.
VII. If the registrant is deceased, except for infant deaths under one year of age, given names or surnames shall not be added to a birth record but a copy of such a record shall be issued, if requested.
VIII. Birth records that do not show the given name or the surname of the registrant shall not be issued except in accordance with RSA 5-C:89, or for the purpose of adoption proceedings.
IX. Except as otherwise provided in paragraph X, the state registrar shall approve correction requests if a review of the documentation submitted shows that the information needed to render a decision is complete and the documentation submitted substantiates that the information contained on the current record is incorrect.
X. If the correction of a falsified birth record involves the removal or the substituting of the name of a father to the birth record, a certified copy of a court order shall be required.
XI. The correction process in this section shall not apply to birth records that, pursuant to RSA 5-C:105, are part of the public domain, unless it is shown that the record is to be used for legal purposes or the registrant is still alive.
Source. 2005, 268:1, eff. Jan. 1, 2006.