Florida Regulations 64V-1.003: Birth Certificate Amendments; Documentary Evidence Requirements
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(1) The following amendments do not require supporting documentary evidence:
(a) Hour of birth, parent(s) age or date of birth, residence, mailing address;
(b) Misspelling or transposition of letters in names of registrant or parent (s);
(c) Changing a child’s given name or surname up to the child’s 1st birthday;
(d) Adding given name(s) of registrant up to the registrant’s 7th birthday;
(e) Adding given name(s) of parent(s);
(f) Transposition of parent(s) given names;
(g) Sex if item was left blank, or if sex as recorded is clearly in conflict with given names as recorded;
(h) Date of birth up to 10 days within the same calendar year but not later than the file date;
(i) Mother’s maiden name if married surname was originally recorded;
(j) Parent(s) state or country of birth except for a change from foreign country to United States; and,
(k) Any other item not covered in this subsection or subsection (2), of Fl. Admin. Code R. 64V-1.003
(2) Amendments to birth certificates as specified below shall be accompanied by original, certified, or notarized supporting documentary evidence. Except for paragraph (2)(e), of Fl. Admin. Code R. 64V-1.003, documents submitted for registrant 18 years or older must have been established prior to the 18th birthday and must be at least 5 years old; documents submitted for registrant under the age of 18 must have been established within 7 years of the date of the birth. To correct item in paragraph (2)(e), of Fl. Admin. Code R. 64V-1.003, the documentation must have been established within the first 7 years of the date of birth:
(a) Adding given name(s) of registrant after the registrant’s 7th birthday;
(b) Correcting name of registrant after the registrant’s 1st birthday;
(c) Sex of child if it does not meet criteria contained in paragraph (1)(f), of Fl. Admin. Code R. 64V-1.003;
(d) Date of birth more than 10 days but less than 1 year provided that the requested change is not in conflict with the filing date of the birth certificate;
(e) Year of birth provided that the requested change is not in conflict with the filing date of the birth certificate;
(f) Place of birth;
(g) Name of attendant;
(h) Parent(s) names, except for those corrections meeting criteria contained in paragraph (1)(b), (d), (e) or (h), of Fl. Admin. Code R. 64V-1.003;
(i) Parent(s) state or country of birth from foreign born to United States;
(j) Parent(s) race; and,
(k) Social security number of registrant or parent(s).
(3) The documents submitted must substantiate the following facts of birth:
(a) Name of child;
(b) Name of parent;
(c) Sex of child;
(d) Date of birth;
(e) Place of birth; and,
(f) Date the document was originally established.
(4) Suggested sources of documentary evidence are as follows:
(a) Court order;
(b) Medical record or statement based on established records from a hospital, licensed physician, licensed midwife, or a public health nurse employed by the department;
(c) Vital records of parent(s) or sibling(s) upon submission of an affidavit from the parent or sibling authorizing such use;
(d) School record;
(e) Military record;
(f) Census record;
(g) Social security record containing birth information provided at the time of application for a social security account number;
(h) Insurance application, or
(i) Voter registration.
(5) Other records which are verifiable, contain the required facts and support the amendment being requested may be substituted for the suggested documents in subsection (4), of Fl. Admin. Code R. 64V-1.003 If no one record substantiates the required facts of birth, more than one supporting document may be submitted to interconnect all the facts.
Rulemaking Authority 382.003(10), (11), 382.016, 382.0255(3) FS. Law Implemented 382.003(7), 382.016 FS. History-New 1-1-77, Formerly 10D-49.16, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.016, Amended 11-11-98, 10-19-04.
Terms Used In Florida Regulations 64V-1.003
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(b) Misspelling or transposition of letters in names of registrant or parent (s);
(c) Changing a child’s given name or surname up to the child’s 1st birthday;
(d) Adding given name(s) of registrant up to the registrant’s 7th birthday;
(e) Adding given name(s) of parent(s);
(f) Transposition of parent(s) given names;
(g) Sex if item was left blank, or if sex as recorded is clearly in conflict with given names as recorded;
(h) Date of birth up to 10 days within the same calendar year but not later than the file date;
(i) Mother’s maiden name if married surname was originally recorded;
(j) Parent(s) state or country of birth except for a change from foreign country to United States; and,
(k) Any other item not covered in this subsection or subsection (2), of Fl. Admin. Code R. 64V-1.003
(2) Amendments to birth certificates as specified below shall be accompanied by original, certified, or notarized supporting documentary evidence. Except for paragraph (2)(e), of Fl. Admin. Code R. 64V-1.003, documents submitted for registrant 18 years or older must have been established prior to the 18th birthday and must be at least 5 years old; documents submitted for registrant under the age of 18 must have been established within 7 years of the date of the birth. To correct item in paragraph (2)(e), of Fl. Admin. Code R. 64V-1.003, the documentation must have been established within the first 7 years of the date of birth:
(a) Adding given name(s) of registrant after the registrant’s 7th birthday;
(b) Correcting name of registrant after the registrant’s 1st birthday;
(c) Sex of child if it does not meet criteria contained in paragraph (1)(f), of Fl. Admin. Code R. 64V-1.003;
(d) Date of birth more than 10 days but less than 1 year provided that the requested change is not in conflict with the filing date of the birth certificate;
(e) Year of birth provided that the requested change is not in conflict with the filing date of the birth certificate;
(f) Place of birth;
(g) Name of attendant;
(h) Parent(s) names, except for those corrections meeting criteria contained in paragraph (1)(b), (d), (e) or (h), of Fl. Admin. Code R. 64V-1.003;
(i) Parent(s) state or country of birth from foreign born to United States;
(j) Parent(s) race; and,
(k) Social security number of registrant or parent(s).
(3) The documents submitted must substantiate the following facts of birth:
(a) Name of child;
(b) Name of parent;
(c) Sex of child;
(d) Date of birth;
(e) Place of birth; and,
(f) Date the document was originally established.
(4) Suggested sources of documentary evidence are as follows:
(a) Court order;
(b) Medical record or statement based on established records from a hospital, licensed physician, licensed midwife, or a public health nurse employed by the department;
(c) Vital records of parent(s) or sibling(s) upon submission of an affidavit from the parent or sibling authorizing such use;
(d) School record;
(e) Military record;
(f) Census record;
(g) Social security record containing birth information provided at the time of application for a social security account number;
(h) Insurance application, or
(i) Voter registration.
(5) Other records which are verifiable, contain the required facts and support the amendment being requested may be substituted for the suggested documents in subsection (4), of Fl. Admin. Code R. 64V-1.003 If no one record substantiates the required facts of birth, more than one supporting document may be submitted to interconnect all the facts.
Rulemaking Authority 382.003(10), (11), 382.016, 382.0255(3) FS. Law Implemented 382.003(7), 382.016 FS. History-New 1-1-77, Formerly 10D-49.16, Amended 10-1-88, 10-1-90, 4-18-96, 12-26-96, Formerly 10D-49.016, Amended 11-11-98, 10-19-04.