10- 146 C.M.R. ch. 2, § 2

Current through 2024-51, December 18, 2024
Section 146-2-2 - Responsibilities
A. State Registrar
1. After registration, a certificate of birth, marriage, death or fetal death may be altered, corrected, completed or otherwise amended only in the manner prescribed in this chapter, except as authorized by the state registrar.
2. All alterations, corrections, completions or other amendments to any record of birth, marriage, death or fetal death may be made only by the Office of Vital Statistics, upon approval by the state registrar.
3. Applications and evidence for alterations, corrections, completions, or other amendments shall be submitted to the Office of Vital Statistics for review and action.
4. The state registrar shall evaluate all applications and evidence submitted in support of any alteration, correction, completion or other amendment and shall approve the requested change when supported by appropriate evidence.
5. Upon determination that a record should be altered, corrected, completed or otherwise amended, the Office of Vital Statistics shall send appropriate documentation and instructions for such changes to each municipal clerk who has a copy of the record on file.
6. When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
7. The state registrar does not have the authority to alter, correct, complete or otherwise amend a report of divorce or annulment. All such actions must be done by the court of jurisdiction who will submit a revised record of divorce or annulment decree to the Office of Vital Statistics, which will be substituted for the previously filed report.
B. Municipal Clerks
1. Municipal clerks shall advise and assist individuals in preparing applications and assembling evidence for alterations, corrections, completions, and other amendments to birth, marriage, death or fetal death records.
2. Municipal clerks shall forward the application and supporting documents to the Office of Vital Statistics if requested by the applicant.
3. Municipal clerks may alter, correct, complete or otherwise amend birth, marriage, death and fetal death records only as instructed by the Office of Vital Statistics.
4. Municipal clerks shall alter, correct, complete or otherwise amend birth, marriage, death, and fetal death records by one of the methods specified in section 6 of this chapter ("Methods of Amending Certificates") as instructed by the Office of Vital Statistics.
5. If a new certificate of birth is established pursuant to this chapter, all copies of the original certificate shall be sealed from inspection or returned to the Office of Vital Statistics as instructed by the Office.

10- 146 C.M.R. ch. 2, § 2