§ 5202a -   Correction of death certificate

§ 5202a. Correction of death certificate

(a) Within six months after the date of death, the town clerk may correct or complete a death certificate upon application by the certifying physician, medical examiner, hospital, nursing home or funeral director. The town clerk may correct or complete the certificate accordingly and shall certify thereon that such correction or completion was made pursuant to this section, with the date thereof. In his discretion, the town clerk may refuse an application for correction or completion, in which case, the applicant may petition the probate court for such correction or completion.

(b) After six months from the date of death a death certificate may only be corrected or amended pursuant to decree of the probate court in which district the original certificate is filed.

The probate court to which such application is made shall set a time for hearing thereon and, if such court deems necessary, cause notice of the time and place thereof to be given by posting the same in the probate court office and, after hearing, shall make such findings, with respect to the correction of such death certificate as are supported by the evidence. The court shall thereupon issue a decree setting forth the facts as found, and transmit a certified copy of such decree to the supervisor of vital records registration. The supervisor of vital records registration shall transmit the same to the appropriate town clerk to amend the original or issue a new certificate. The words "Court Amended" shall be typed, written or stamped at the top of the new or amended certificates, with the date of the decree and the name of the issuing court.

(c) Provided, however, that only the medical examiner or the certifying physician may apply to correct or complete the certificate as to the medical certification of the cause of death. (Added 1979, No. 142 (Adj. Sess.), § 25.)