Rule 511-1-3-.25 - All Other Amendments(1) Unless otherwise provided in these Rules or by Statute, all other amendments to a vital record after the first year of the event shall be supported by: (a) An affidavit setting forth: 1. Information to identify the certificate;2. The incorrect data as it is listed on the certificate;3. The corrected entry as it should appear;4. An abstract of the evidence which substantiates the amendment of the certificate. (b) One or more items of documentary evidence which support the alleged facts, acceptable under Rule 511-1-3-.10 and which were established at least five years prior to the date of application for amendment or within seven years of the date of the event. (2) If the record is for a child less than twelve years of age, the documentary evidence must be at least five years old or not more than three years after the date of birth shown on the certificate. In all cases, documents submitted must have been created at least one year prior to application for amendment.(3) Correction of the spelling of a surname requires one document which has been in existence prior to the registrant's seventh birthday, and shows the correct spelling of the parents' surname.(4) The affidavit required to correct a birth or spontaneous fetal death certificate under the provisions of this Rule, may be accepted from one of the parents, the legal guardian, or a registrant who has reached the age of majority in the case of birth correction.(5) The affidavit to correct a death certificate under the provisions of this Rule may be accepted from the informant, the funeral director responsible for completing the certificate, the person who originally certified cause of death, or a family member of the decedent.(6) The State Registrar or, his or her designee, shall evaluate the evidence submitted in support of any amendment, and shall determine whether an amendment should be allowed. If the evidence submitted is rejected, the State Registrar, or his or her designee, shall inform the applicant of the rejection and the reasons for the rejection in writing. The applicant shall be advised of the right to appeal under Rule 511-1-3-.39.(7) The State Registrar may establish additional written procedures for documentary evidence requirements to substantiate all requested amendments for birth certificates, spontaneous fetal death certificates and death certificates.Ga. Comp. R. & Regs. R. 511-1-3-.25
O.C.G.A. §§ 31-2A-6, 31-10-3, 31-10-23.
Original Rule entitled "All Other Amendments" adopted. F. Sep. 20, 2013; eff. Oct. 10, 2013.Amended: F. Oct. 25, 2017; eff. Nov. 14, 2017.