Section 146-2-3 - Administrative Corrections and Completions within One Year After Date of FilingA. Minor Errors 1. Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions may be made by the state registrar within the first year after the date a record is filed, either upon his or her own observation or the observation of a municipal clerk, or upon request of a person with a direct and legitimate interest in the certificate, as specified in paragraphs 2 and 3 below.2. The registrant, a member of his or her immediate family, his or her guardian, or their respective legal representatives shall be considered to have a direct and legitimate interest. The term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the registrant or his or her family. A certifying physician or the person solemnizing a marriage also have a direct and legitimate interest.3. The request for correction of minor errors shall be made using the application for correcting or completing a certificate (VS-7).4. The applicant's signature on the application form must be witnessed by an official authorized to take oaths.5. Documentary evidence shall be provided as specified in subsections B, C, D, E and F of this section.6. The application may be presented at the Office of Vital Statistics or at a municipal clerk's office, or it may be mailed to the Office of Vital Statistics.7. Correction of minor errors more than one year after the date of filing must be made in accordance with section 5 of this chapter.B. Correction of Clerical Errors on Birth Certificate If the facility in which the child was born provides an affidavit within the first year after the date a record is filed that a clerical error on the certificate was made by the facility, it is considered to be a minor error and handled in accordance with paragraph A above.
Notwithstanding the other provisions of this chapter, spelling errors in the names of the child or parents may be corrected under this section only if neither of the parents signed the birth certificate or the worksheet from which the birth certificate was prepared. In all other cases, correction of spelling errors is considered to be an amendment under the provisions of section 7(B) of this chapter.
C. Correction of Clerical Errors on Death Certificate If the funeral director, or other authorized person, or the informant provides an affidavit within the first year after the date a record is filed that a clerical error was made on the certificate, it is considered to be a minor error and handled in accordance with paragraph A above.
D. Correction of Clerical Errors on Marriage Certificate If the bride or groom provide an affidavit within the first year after the date a record is filed that a clerical error was made on the certificate, it is considered to be a minor error and handled in accordance with paragraph A above. If the person solemnizing the marriage provides an affidavit within the first year after the date a record is filed that a clerical error was made on the "ceremony" portion of the certificate, it is considered to be a minor error and handled in accordance with paragraph A above.
E. Completion of Cause of Death Within the first year after a certificate of death or fetal death is filed, the Office of Vital Statistics may query certifying physicians or medical examiners for additional information concerning the cause of death when the medical certification of the cause of death on a death certificate is incomplete or unsatisfactory. The query shall be made using the supplemental cause of death form prescribed and furnished by the state registrar for this purpose. Additional information may also be provided independently by physicians or medical examiners. The state registrar may order information received in response to the query or otherwise to be added to the certificate.
F. Putative Father's Name on Birth Certificate1. The mother's husband at the time of conception and/or birth is the child's legal father and his name must be so recorded on the birth certificate. If the state registrar determines, based on other vital records or other acceptable documentation, that another name has been entered, it is considered to be a clerical error and handled in accordance with this subsection.2. If a name other than that of the mother's husband appears on the birth certificate, it shall be covered with correction tape or other appropriate method, unless directed otherwise by the state registrar, and the legal father's name shall be substituted.3. The mother shall receive written notice of such impending change at least ten working days before the record is changed.4. A child conceived and born out of wedlock may have the name of the putative father entered on the birth certificate only by the filing of an acknowledgment of paternity as specified in section 9 of this chapter. If the state registrar determines that a name has been entered without an acknowledgment of paternity, it is considered to be a clerical error and handled in accordance with this subsection.5. Notwithstanding subsections A and B above, the administrative corrections specified in this subsection may be made at any time before or after the birth certificate has been registered.G. Recording the Change Administrative changes shall be made as directed by the state registrar, either by entering the new information where the item was left blank on the existing certificate or by covering an erroneous entry with correction tape or other appropriate method and substituting the correct information. Entries shall be typewritten whenever possible or clearly printed in black ink.
H. Annotating the Record A notation as to the item or items changed, source of information and the date the change was made shall be entered on the certificate in such a way as not to become a part of any copy issued.
I. Amendment Status Certificates corrected or altered under this section shall not be regarded as amended.
J. Fee There is no fee for administrative correction of minor errors under this section. A copy of the amended record may be obtained through the usual procedure, including payment of the established fee.
10- 146 C.M.R. ch. 2, § 3