Utah Code 26B-8-107. Correction of errors or omissions in vital records — Conflicting birth and foundling certificates — Rulemaking
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(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules:
Terms Used In Utah Code 26B-8-107
- 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.
- Biological sex at birth: means an individual's sex, as being male or female,
according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, chromosomal makeup, and endogenous hormone profiles. See Utah Code 26B-8-101
- Health care facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-8-101
- Health care professional: means a physician, physician assistant, nurse practitioner, or certified nurse midwife. See Utah Code 26B-8-101
- Intersex individual: means an individual who:(15)(a) is born with external biological sex characteristics that are irresolvably ambiguous;(15)(b) is born with 46, XX chromosomes with virilization;(15)(c) is born with 46, XY chromosomes with undervirilization;(15)(d) has both ovarian and testicular tissue; or(15)(e) has been diagnosed by a physician, based on genetic or biochemical testing, with
abnormal:
(15)(e)(i) sex chromosome structure;(15)(e)(ii) sex steroid hormone production; or(15)(e)(iii) sex steroid hormone action for a male or female. See Utah Code 26B-8-101- Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
(34)(a) sex and reproductive organ anatomy;(34)(b) chromosomal makeup; and(34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5- State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
(1)(a) governing applications to correct alleged errors or omissions on any vital record;(1)(b) establishing procedures to resolve conflicting birth and foundling certificates;(1)(c) allowing for the correction and reissuance of a vital record that was originally created omitting a diacritical mark; and(1)(d) notwithstanding any other provision of law, allowing for the change of a child’s name on the child’s birth certificate within one year from the day the child is born.(2) For a birth certificate, the department may correct an error or omission under Subsection (1)(a) if:(2)(a) the error or omission is a result of a scrivener’s error or a data entry error; and(2)(b) the department receives:(2)(b)(i)(2)(b)(i)(A) an affidavit from the applicant attesting that there is an error on the birth certificate;(2)(b)(i)(B) supporting documentation from the health care facility or attending health care provider; and(2)(b)(i)(C) an affidavit from the health care facility or health care provider described in Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting documentation; or(2)(b)(ii) documentation deemed sufficient by the state registrar to establish the facts of the error or omission.(3) The department may amend a birth certificate’s sex designation for an intersex individual at the request of the individual or the guardian of the individual if:(3)(a) the sex designation indicating the biological sex at birth of the individual was misidentified on the original certificate due to the individual’s condition; and(3)(b) the department receives:(3)(b)(i) a correction affidavit attesting the individual is intersex;(3)(b)(ii) chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm the individual is intersex; and(3)(b)(iii) an affidavit from the health care facility, health care professional, or laboratory testing facility that conducted the test or analyzed the test results, attesting to the test results and accuracy. - Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by: