§ 130A-118. Amendment of birth and death certificates.
§ 130A‑118. Amendmentof birth and death certificates.
(a) After acceptancefor registration by the State Registrar, no record made in accordance with thisArticle shall be altered or changed, except by a request for amendment. TheState Registrar may adopt rules governing the form of these requests and thetype and amount of proof required.
(b) A new certificateof birth shall be made by the State Registrar when:
(1) Proof is submittedto the State Registrar that the previously unwed parents of a person haveintermarried subsequent to the birth of the person;
(2) Notification isreceived by the State Registrar from the clerk of a court of competentjurisdiction of a judgment, order or decree disclosing different or additionalinformation relating to the parentage of a person;
(3) Satisfactory proofis submitted to the State Registrar that there has been entered in a court ofcompetent jurisdiction a judgment, order or decree disclosing different oradditional information relating to the parentage of a person; or
(4) A written requestfrom an individual is received by the State Registrar to change the sex on thatindividual's birth record because of sex reassignment surgery, if the requestis accompanied by a notarized statement from the physician who performed thesex reassignment surgery or from a physician licensed to practice medicine whohas examined the individual and can certify that the person has undergone sexreassignment surgery.
(c) A new birthcertificate issued under subsection (b) may reflect a change in surname when:
(1) A child islegitimated by subsequent marriage and the parents agree and request that thechild's surname be changed; or
(2) A child islegitimated under G.S. 49‑10 and the parents agree and request that thechild's surname be changed, or the court orders a change in surname afterdetermination that the change is in the best interests of the child.
(d) For the amendmentof a certificate of birth or death after its acceptance for filing, or for themaking of a new certificate of birth under this Article, the State Registrarshall be entitled to a fee not to exceed fifteen dollars ($15.00) to be paid bythe applicant.
(e) When a newcertificate of birth is made, the State Registrar shall substitute the newcertificate for the certificate of birth then on file, and shall forward a copyof the new certificate to the register of deeds of the county of birth. Thecopy of the certificate of birth on file with the register of deeds, if any,shall be forwarded to the State Registrar within five days. The State Registrarshall place under seal the original certificate of birth, the copy forwarded bythe register of deeds and all papers relating to the original certificate ofbirth. The seal shall not be broken except by an order of a court of competentjurisdiction. Thereafter, when a certified copy of the certificate of birth ofthe person is issued, it shall be a copy of the new certificate of birth,except when an order of a court of competent jurisdiction shall require theissuance of a copy of the original certificate of birth. (1957, c. 1357, s. 1; 1969,c. 1031, s. 1; 1975, c. 556; 1977, c. 1110, s. 4; 1983, c. 891, s. 2; 2002‑126,s. 29A.18(b).)