Subject 511-1-3 VITAL RECORDS
All forms, certificates, and reports used in the system of
Vital Records are the property of the Georgia Department of Public Health and
shall be surrendered to the State Registrar of Vital Records, hereinafter
referred to as "State Registrar", upon demand. The forms prescribed and
distributed by the State Registrar for reporting vital events shall be used
only for official purposes. Only those forms furnished or approved by the State
Registrar shall be used in the reporting of vital events or in making copies
thereof.
| (1) |
All certificates and reports relating to
Vital Records registration must be typewritten on a form or in a format
prescribed by the State Registrar. All certificates or reports may be filed and
registered by electronic or other means as approved by the State Registrar. All
entries and signatures required shall be entered in black or blue-black,
unfading ink. Unless otherwise directed by the State Registrar, no certificate
shall be considered complete and acceptable for registration that:
| (a) |
Does not have the certifier's name typed
or printed legibly under his or her signature as required; |
| (b) |
Does not supply all items of information
called for thereon, or satisfactorily account for their omission; |
| (c) |
Contains alterations or
erasures; |
| (d) |
Does not contain
handwritten signatures as required; |
| (e) |
Is marked "copy" or
"duplicate"; |
| (g) |
Is prepared on an
improper or unauthorized form; |
| (h) |
Contains improper or inconsistent data; |
| (i) |
Contains an indefinite cause of death
which denotes only symptoms of disease or conditions resulting from disease;
or |
| (j) |
Is not prepared in
conformity with regulations or instructions issued by the State Registrar or
filed within the time limits prescribed. |
|
| (2) |
All Vital Records, certificates, reports
and other documents must be in the English language or be accompanied by a
certified translation in the English language, as designated by Resolution No.
70 of the General Assembly, Ga. Laws 1986, Page 529. The certification must be
by the translator and must certify to the accuracy of the translation. The
Department reserves the right to verify the accuracy of any
translation. |
| (3) |
The Department
reserves the right to verify the jurisdictional basis of any court order upon
which a vital record is to be made or amended or otherwise affected, and return
any such order to the registrant for amendment or clarification if in the
Department's opinion the order does not sufficiently authorize or specify the
vital record action sought. |
| (4) |
Certified or other copies of Vital Records may be obtained either at the State
Office of Vital Records in Atlanta, or a designated office having the
record. |
| (1) |
The State Registrar shall delegate such
duties and responsibilities to such offices as he or she deems necessary to
insure the efficient operation of the Vital Records registration system. These
may include any or all of the following:
| (a) |
The receipt and processing of birth, death, and spontaneous fetal death
certificates. This would include the receipt of these records from the person
responsible for filing the record, examining them for accuracy and
completeness, the rejection of incomplete or inaccurate records, and forwarding
them to the State Office of Vital Records at intervals prescribed by the State
Registrar or as specified by law; |
| (b) |
Issuance of certified copies of birth or
death certificates. The records from which the certified copies are issued
shall be provided by the State Office of Vital Records. All forms and
procedures used to issue the copies shall be provided or approved by the State
Registrar; |
| (c) |
Acting as the agent
of the State Registrar in their designated area and providing assistance to
physicians, hospitals, funeral directors, and others in matters related to the
Vital Records registration system. |
|
| (2) |
The State Registrar shall determine the
responsibilities and duties of each office independently. |
| (1) |
The report for an infant of unknown
parentage shall be registered on a Certificate of Live Birth and shall:
| (a) |
Have "foundling" plainly marked in the
space provided for the child's name on the certificate; |
| (b) |
Show the required facts as determined by
approximation and leave parentage data blank; and |
| (c) |
Show the signature required and title of
the custodian of the infant in lieu of the attendant. |
|
| (2) |
When a report has been placed in a
special file as provided by O.C.G.A. Section
31-10-10, only the State Registrar
or his designee may inspect such information for purposes of properly
administering the Vital Records program. |
| (1) |
In any case where a birth occurs outside
a hospital, or other recognized medical facility, without medical attendance
and the birth certificate is filed by someone other than a health care
provider, additional evidence in support of the facts of birth shall be
completed and filed in the presence of the local Vital Records registrar in the
county where the birth occurred. A birth certificate for a birth which occurs
outside a recognized medical institution shall only be filed upon personal
presentation of the following evidence by the individual(s) filing the
certificate:
| (a) |
Proof of pregnancy:
| 2. |
Statement from a physician or other
licensed health care provider who is qualified to determine pregnancy; or
|
| 3. |
Prenatal blood analysis or
positive pregnancy test results from a laboratory. |
|
| (b) |
Proof of the mother's residence on the
date of the out of institution birth:
| 1. |
A
valid driver's license, or a state-issued identification card, which includes
the mother's current residence on the face of the license or card; or
|
| 2. |
A rent receipt which includes
the mother's name and address, and the name, address, and signature of the
mother's landlord. |
|
| (c) |
An identifying document, with photograph, for the individual(s) personally
presenting the evidence required to file the certificate. |
| (d) |
Affidavits:
| 1. |
At least two affidavits signed by persons
present or in attendance at the birth, eighteen years or older; or |
| 2. |
A signed affidavit from a licensed
physician describing his or her knowledge of the mother prior to birth, and his
or her knowledge of the newborn resulting from his or her first examination of
the infant. |
|
|
| (2) |
At the discretion of the State Registrar,
the procedures contained in these Regulations may be supplemented with
additional requirements which may be needed to verify the facts of birth. Such
additional requirements may include, but are not limited to:
| (a) |
Supplemental information; or |
| (b) |
A home visit by a public health nurse or
other health professional. |
|
| (3) |
The pregnant woman may appear in person
before the local registrar, prior to giving birth to "pre-register" the birth.
Completion of the birth certificate after the birth occurs is required before
the birth shall be registered. |
| (4) |
If the required evidence is not available and the registrar is unable to verify
the facts of the birth, the out of institution birth may be registered only by
order of a court of competent jurisdiction. |
| (1) |
Any person born in this State whose birth is not recorded in this State, his or
her parent or legal guardian, or their respective legal representative may
request the registration of a delayed certificate of birth, subject to these
Regulations and instructions issued by the State Registrar. |
| (2) |
Each delayed certificate of birth shall
be signed and sworn to before an official authorized to administer oaths by the
person whose birth is to be registered, if such person is 18 years of age or
over, and is competent to sign and swear to the accuracy of the facts stated
therein; otherwise the certificate shall be signed and sworn to by one of the
parents of the registrant, his or her legal guardian, or their legal
representative. |
The minimum facts which must be established by documentary
evidence shall be the following:
| (a) |
The full name of the person at the time of birth; |
| (d) |
The full maiden name of the mother;
and |
| (e) |
The full name of the
father; except that if the mother was not married either at the time of
conception or birth, the name of the father shall not be entered on the delayed
certificate except as provided in Rule
511-1-3-.08. |
| (1) |
The surname of the child shall be entered
on the birth certificate in accordance with the following rules:
| (a) |
The surname of the child shall be the
surname of the father in the following cases:
| 1. |
If the mother is married to the father
either at the time of conception or at the time of birth, then the surname of
the mother's husband shall be entered, unless paternity has been determined
otherwise by a court of competent jurisdiction. |
| 2. |
If the mother is not married to the father
either at the time of conception or at the time of birth, then the name of the
father shall be entered only if he and the mother have signed a written
consent. Such a written consent includes, but is not limited to, a paternity
acknowledgement executed in accordance with Code Section
19-7-46.1. |
| 3. |
If a court of competent jurisdiction has
issued an order determining the paternity of the child, then the surname of the
father shall be entered in accordance with the order of the court. |
|
| (b) |
In all other cases, the
surname of the child shall be the legal surname of the mother at the time of
birth as designated by the mother. |
| (c) |
Notwithstanding subsections (a) and (b)
above, the parents may designate a surname that is not the legal surname of the
mother or father, if that surname is chosen in accordance with a
bonafide cultural naming convention practiced in the nation of
origin of one or both of them. |
|
| (2) |
No portion of the child's name as entered
on the birth certificate shall include any number, symbol, or other
non-identifying name information, nor shall it include any word or term that
constitutes an obscenity in any language. |
| (3) |
When evidence is presented reflecting a
legal change of status by adoption of a person born in this State,
legitimation, paternity determination, or acknowledgement of paternity, a new
birth certificate may be established to reflect such change. The existing birth
certificate and the evidence upon which the new birth certificate was based
shall be placed in a special file. Such file shall not be subject to inspection
except upon order of a court of competent jurisdiction, or by the State
Registrar or designee for purposes of properly administering the Vital Records
program. |
| (1) |
To be
acceptable for filing, the name of the registrant, the date of birth, place of
birth, and parentage entered on a delayed certificate of birth shall be
substantiated by at least:
| (a) |
Two different
pieces of documentary evidence, acceptable under Rule
511-1-3-.10 if the record is filed
within seven years of the date of birth. Facts of parentage shall be supported
by at least one document. |
| (b) |
Three
different pieces of documentary evidence, acceptable under Rule 511-1-13-.10 if
the record is filed seven years or more after the date of birth. Facts of
parentage shall be supported by at least one document. |
|
| (2) |
All documents submitted as evidence:
| (a) |
For persons under the age of seven years,
must have been established within the first three years of the date of birth
and must have been created at least one year prior to the date of
application; |
| (b) |
For persons age
seven years or older, must have been established at least ten years prior to
the date of application to register a delayed birth certificate, or within
three years of the date of birth. |
|
| (1) |
The State Registrar may establish
additional written procedures for all documentary evidence requirements to
substantiate any amendment to a vital record or to substantiate the required
items on a delayed birth certificate. The State Registrar shall determine the
acceptability of all documentary evidence submitted, and establish a priority
of best evidence. |
| (2) |
Documents
presented, such as census, hospital, church, or school records must be from
independent sources and shall be in the form of the original record or a duly
certified copy thereof, or a signed statement from the custodian of the record
or document. Affidavits of personal knowledge or bible records are not
acceptable as evidence to establish a delayed certificate of birth, or to amend
a birth certificate. |
| (1) |
The State Registrar, or his or her
designee, shall abstract onto the amended birth certificate form or the delayed
certificate of birth a description of each document submitted to support the
alleged amendment or the facts shown on the delayed birth certificate. This
description shall include the following:
| (a) |
The title or description of the document; |
| (b) |
The name and address of the custodian, if
the document is an original or certified copy of a record, or a signed
statement from the custodian; |
| (c) |
The date of the original filing of the document being abstracted and, |
| (d) |
All birth facts required by these Rules,
contained in each document accepted as evidence. |
|
| (2) |
All documents submitted in support of an
amendment or for the registration of a delayed birth certificate shall be
returned to the applicant after review. |
| (1) |
The State Registrar, or his or her
designated representative, shall, by signature, certify:
| (a) |
That no prior birth certificate is on
file for the person whose birth is to be recorded; |
| (b) |
That he or she has reviewed the evidence
submitted to establish the facts of birth; and |
| (c) |
That the abstract of the evidence
appearing on the delayed certificate of birth accurately reflects the nature
and content of the document. |
|
| (2) |
If an original birth certificate with a
State file number is subsequently discovered for the registrant the delayed
birth certificate shall be null and void and removed from the file. The State
Registrar shall notify the registrant by regular mail upon taking such
action. |
| (1) |
Applications for amendments and delayed
certificates which have not been completed within one year from the date of
application may be dismissed at the discretion of the State
Registrar. |
| (2) |
When the applicant
has presented to the State Registrar, or his or her representative,
documentation and still is not able to meet the minimum requirements to amend a
birth certificate or establish a delayed certificate of birth, as set forth in
these Rules, the applicant must be advised in writing of the State Registrar's
decision and the right of judicial appeal as provided by O.C.G.A. Section
31-10-12. |
If the natural parents marry after the birth of a child, a
new certificate of birth shall be prepared by the State Registrar for a child
born in this State upon receipt of a notarized legitimation affidavit signed by
the natural parents of said child, together with a certified copy of the
parents' marriage record. However, if the mother or the putative father is
deceased at the time an application for amendment of the birth certificate is
made, or another person is shown as the father of the child on the original
certificate, or the birth certificate reflects that the natural mother was
married at the time of conception, birth, or any time between conception and
birth, a new certificate may be prepared only when a determination of paternity
is made by a court of competent jurisdiction in the State of Georgia, or a
court of like jurisdiction from any other State or Territory, or following
adoption of a child born in this State. Such court order must specify the name
to be removed and the name to be added as father of the
child.
A new certificate of birth shall be prepared by the State
Registrar for a child born in this State upon receipt of a certified copy of a
determination of paternity by a court of competent jurisdiction together with a
request from the natural mother or other person having legal custody of said
child that such new certificate be prepared. If the surname of the child is not
decreed by the court, the surname shall be entered on the new certificate as
attested to by both parents. If both parents cannot agree upon a surname, the
name shall be the same as that listed on the original birth
certificate.
A new certificate of birth shall be prepared by the State
Registrar for a child born out of wedlock in this State upon receipt of a
notarized affidavit of paternity signed by both parents. The notarized
statement must also include the surname of the child to be listed on the
certificate. However, if another man is shown as the father of the child on the
original certificate, or the birth certificate reflects that the natural mother
was married at the time of conception, birth, or any time between conception
and birth, a new certificate may be prepared only upon presentation of an order
declaring paternity issued from a court of competent
jurisdiction.
| (1) |
The new certificate of birth prepared for
a person born in this State after adoption, legitimation, determination of
paternity, or acknowledgement of paternity shall be on the form prescribed by
the Department and shall include the following items and such other information
necessary to complete the certificate:
| (a) |
The name of the child as it will appear on the new certificate; |
| (b) |
The date and place of birth as
transcribed from the original certificate; |
| (c) |
The names and personal particulars of the
adoptive parents or the natural parents whichever is appropriate; |
| (d) |
The birth number assigned to the original
birth certificate; |
| (e) |
The original
filing date; and |
| (f) |
The name of
the attendant, printed or typed. |
|
| (2) |
The information necessary to locate the
existing certificate and to complete the new certificate shall be submitted to
the State Registrar or his or her designee on forms prescribed and approved by
the State Registrar. |
| (3) |
A State
file number from the delayed numbering series will be assigned to certificates
prepared in this State for persons born in a foreign country, not entitled to
citizenship at birth, and shall be prepared on a Certificate of Foreign
Birth. |
| (4) |
A State file number from
the delayed numbering series will be assigned to certificates prepared for full
adoptions, where neither parent is the natural parent, for persons born in this
State and the adoptive parents elect to show the place of birth as the
residence of the adoptive parents at the time of the adoptee's birth. The place
of birth indicated must be located in Georgia. |
| (1) |
After preparation of a new certificate
for a person born in this State, the existing birth certificate and the
evidence upon which the new certificate was based are to be placed in a special
file. Unless otherwise provided by law, such file shall not be subject to
inspection, except upon order of a court of competent jurisdiction or by the
State Registrar or his or her designee for purposes of properly administering
the vital statistics program. |
| (2) |
After preparation of a special certificate of birth following adoption of a
person born out-side this State, the copy of the certificate from the State
where birth actually occurred shall be placed in a special file. Unless
otherwise provided by law, such file shall not be subject to inspection except
upon order of a court of competent jurisdiction or by the State Registrar or
his or her designee for purposes of properly administering the vital statistics
program. |
| (1) |
For whom required. A report of death shall be filed for the
following persons:
| (a) |
A person who dies in
this State; |
| (b) |
A person whose body
is discovered in this State; |
| (c) |
A
person who dies on a moving conveyance and whose body is first removed from the
conveyance in this State; and |
| (d) |
A
spontaneous fetal death occurring in this State. |
|
| (2) |
Manner of reporting. Death
reports, including the certification of cause of death, shall be filed
electronically with the Office of Vital Records in such manner as may be
determined by the State Registrar. |
| (3) |
Information to be reported.
A report of death shall include the following information, if known or
ascertainable from the decedent's next of kin or the best qualified person or
source available:
| (a) |
Decedent's full legal
name; |
| (b) |
Decedent's date of
birth; |
| (c) |
Decedent's date of
death. If the date of death is unknown, then the date on which the body was
found shall be entered. |
| (d) |
Place
of death.
| 1. |
If unknown, then the place where
the body was found shall be entered. |
| 2. |
If death occurred on a moving conveyance
within the United States, then the place where the body was first removed from
the conveyance shall be used. |
| 3. |
If
death occurred on a moving conveyance in international waters or airspace, then
the actual place of death insofar as it can be determined shall be
entered. |
|
| (e) |
Cause of
death, in accordance with subsection (5) of this Rule. |
| (f) |
Any other such information as the State
Registrar may require. |
|
| (4) |
Who must file. The report of
death shall be filed by the funeral director who first assumes custody of the
body, unless a death report was previously made by the hospital or other
institution in which death occurred. |
| (5) |
Cause of death. The
electronic death report filed in accordance with subsections (1) through (4) of
this Rule shall be supplemented by an electronic report of the cause of death.
The cause of death shall be reported by:
| (a) |
The attending physician, if the decedent is a non-resident burn victim that
dies in a treatment facility in this State; |
| (b) |
The physician attending the decedent for
the illness or condition which resulted in death; |
| (c) |
If there is no attending physician as
provided in subsection (5)(b) of this Rule, or with such physician's approval,
certification of the cause of death may be made by any of the following
persons, provided they had access to the decedent's medical history, viewed the
decedent at or after death, and death occurred due to natural causes:
| 1. |
A physician who is an associate of the
attending physician; |
| 2. |
The chief
medical officer of the institution in which death occurred; |
| 3. |
A physician who performed an autopsy on
the decedent; or |
| 4. |
If death
occurred without medical attendance, or if inquiry was required by Title 45,
Chapter 16, Article 2, then by the county medical examiner or
coroner. |
|
| (d) |
A
determination of the cause of death must be made by the responsible physician,
medical examiner, or coroner; however, the task of reporting that determination
to the Office of Vital Records may be delegated to a person under his or her
supervision. |
| (e) |
Notwithstanding
any other provision of this Rule, if death occurs during a state of emergency
declared by the Governor due to an influenza pandemic, then cause of death may
be certified and reported by any registered nurse or physician's assistant,
provided that such person had access to the decedent's medical history, viewed
the decedent at or after death, and death occurred due to natural
causes. |
|
| (6) |
When
reporting is due.
| (a) |
The report of
death shall be made within three calendar days after death. |
| (b) |
Certification of the cause of death shall
be made within three calendar days after death; provided, however, that if
death occurred without medical attendance, or in cases subject to inquiry under
Title 45, Chapter 16, Article 2, certification shall be made within 30 days
after notification of death. |
| (c) |
If
for any reason the cause of death cannot be determined within 48 hours after
death, then "pending" shall be entered on the death report and amended promptly
after the determination is made. Until the cause of death is certified, final
disposition of the body shall not be made unless authorized by the attending
physician or, with regard to a body subject to inquiry under Title 45, Chapter
16, Article 2, by the county coroner or medical examiner. |
|
| (1) |
Reports of
induced termination of pregnancy are collected solely for epidemiological
purposes. Such reports may be retained for as long as the State Registrar deems
necessary and then shall be destroyed. |
| (2) |
The provisions of this Rule shall also
apply to all records of induced termination of pregnancy filed prior to the
adoption of this Rule. |
Before removing a dead body or fetus from the place of death,
the person removing such body or fetus shall:
| (a) |
Obtain assurance from the attending
physician, the associate physician, or the chief medical officer of the
institution in which death occurred that the death is from natural causes and
that the physician will assume responsibility for certifying the cause of death
or fetal death and receive written permission to remove the body from the place
of death; or |
| (b) |
Notify the coroner
or medical examiner if the case comes within his or her jurisdiction or, if the
physician cannot certify the cause of death, obtain assurance from the coroner
or medical examiner that he or she will assume responsibility for certifying
the cause of death, and obtain written permission to remove the body. |
| (1) |
Permits for Disposition of Human Remains.
| (a) |
The local registrar shall make
arrangements to ensure that disposition permits may be issued 24 hours a day,
seven days a week. For this purpose, the local registrar may appoint local
persons or entities, including hospitals, hospices, and funeral homes, to serve
as deputy local registrars for the limited purpose of issuing disposition
permits in accordance with this Rule. |
| (b) |
A disposition permit shall not be issued
until the cause of death has been certified by a person authorized to do so
under DPH Rule
511-1-3-.19(5);
authorization has been given by the decedent's attending physician; or, with
regard to a body subject to inquiry under Title 45, Chapter 16, Article 2,
approval has been given by the county coroner or medical examiner. |
|
| (2) |
Permits for Disinterment and
Reinterment.
| (a) |
The local registrar shall
issue a permit for disinterment and reinterment of a dead body or fetus,
including interred cremains, upon receipt of an order of a court of competent
jurisdiction directing such disinterment. |
| (b) |
The local registrar may issue one permit
for disinterment and reinterment of all remains in a mass disinterment provided
that, insofar as possible, the remains of each body shall be identified and the
place of disinterment and reinterment specified. |
| (c) |
A permit for disinterment and reinterment
shall be permission for disinterment, transportation, and reinterment. When
disinterment and reinterment are in the same cemetery, a permit shall not be
required. |
|
| (1) |
Amendment of obvious errors,
transposition of letters in words of common knowledge or omissions, but not to
include the father's name on a birth certificate or a spontaneous fetal death
certificate, may be made on the original birth, death, or spontaneous fetal
death certificate by the State Registrar or designated person within the first
year of the date of birth or date of death either upon his or her own
observation or query. When such additions or minor amendments are made by the
State Registrar or designated person, a notation as to the source of the
information, together with the date the change was made and the initials of the
authorized agent making the change shall be made on the back of the certificate
in such a way as not to become a part of any certification issued. The
certificate shall not be marked "Amended." |
| (2) |
Unless otherwise provided by Statute or
in these Rules, correction of errors on birth, death and spontaneous fetal
death certificates may be made on the face of the original record during the
first year following the event. |
| (3) |
Some corrections may require documentary evidence to substantiate the
correction requested. The State Registrar may establish written requirements
and procedures for corrections to all Vital Records. The certificate shall not
be marked "Amended." |
| (4) |
In the
absence of evidence of marriage and or dissolution of marriage, to change the
marital status on a death certificate or remove or change the name of a spouse
listed on a death certificate requires an order from a court of competent
jurisdiction. |
| (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. |
| (1) |
To amend a birth certificate, application
may be made by one of the parents listed on the certificate, the legal
guardian, a registrant who has reached the age of majority, or the individual
responsible for filing the certificate. |
| (2) |
To amend a death certificate or a
spontaneous fetal death certificate, application may be made by the informant
listed on the certificate, a family member, their legal representative, or the
funeral director who signed the death certificate or spontaneous fetal death
certificate. Application to amend the cause of death may be made only by the
physician who originally certified cause of death, the attending physician of
the decedent, or the coroner or medical examiner. |
| (3) |
Requests to amend applications for a
marriage license or certificates of marriage shall be made to the Judge of the
Probate Court of the county in which the license was issued. |
| (4) |
Requests to amend reports of divorce
shall be made to the Clerk of the Superior Court of the county in which the
decree was granted. |
| (5) |
To amend a
Report of Induced Termination of Pregnancy, a signed statement must be received
from the person in charge of the clinic or institution from which the report
was prepared, stating in what manner the report has been corrected. |
| (1) |
Until the registrant's first birthday, given names may be added to, changed, or
corrected upon receipt of an affidavit signed by;
| (b) |
The mother of a child born out of
wedlock; or |
| (c) |
Either parent in
the case of the death or incapacity of the other; or |
| (d) |
The legal guardian or agency having legal
custody of the registrant. |
|
| (2) |
When a paternity affidavit has been
completed and filed, no further amendment to the child's name shall be made
except upon receipt of an order from an appropriate court, or if the natural
parents marry after the birth of the child and thereby legitimate the
child. |
| (3) |
After one year from the
date of birth, the provisions of Rules
511-1-3-.25 and
511-1-3-.10 must be followed to add
a given name omitted on the birth certificate, or to amend a given name if the
name was misspelled on the birth certificate. The State Registrar may change a
given name after one year only upon receipt of an order from a court of
competent jurisdiction requiring such change. |
Unless otherwise provided by Statute or in these Rules, all
items of a medical nature on a vital record may be amended only upon receipt of
a signed statement from those persons responsible for the completion of such
items. The State Registrar may require documentary evidence to substantiate the
requested amendment.
Upon amendment of an item in a vital record, that item shall
not be amended again except upon receipt of a court order from a court of
competent jurisdiction. A paternity affidavit and a legitimation affidavit
shall be considered to be an amendment; therefore, once a paternity affidavit
or legitimation affidavit has been completed and filed, no further correction
of the child's name shall be made except upon receipt of an order from a court
of competent jurisdiction.
The date of birth may be changed no more than one year by
supporting evidence created prior to the registrant's seventh birthday. No date
of birth shall be amended to show a date of birth after the file date listed on
the original birth certificate. To change the year of birth by more than one
year requires an order from a Superior Court or Probate
Court.
Certificates of birth, death, spontaneous fetal death,
marriage, or a report of induced termination of pregnancy, may be amended by
the State Registrar by the following methods:
| (a) |
Completing the item on the certificate,
as provided elsewhere in these Regulations where the item was left blank on the
original certificate, provided the amendment takes place during the first year
following the event. |
| (b) |
Drawing a
single line through the item to be amended and inserting the correct data
immediately above or to the side thereof. The line drawn through the original
entry shall not obliterate such entry. A short explanation of the change and
the justification or authorization should be typed or written on the back of
the certificate. The person making the change on the certificate shall show the
date of the change and print or type their name on the reverse of the
certificate. |
| (c) |
Unless otherwise
provided by Statute or in these Regulations, a special Amended birth
certificate Form shall be completed for all corrections or additions made on a
birth certificate after the first year. Such form shall include the incorrect
information as it appears on the original birth certificate, the correct
information as it should appear, an abstract of the documentation used to
substantiate the amendment, and sufficient information about the registrant to
link the special form to the original record. Copies of the amended birth
certificate shall be issued in lieu of copies of the original certificate.
County copies of the original certificate shall be forwarded to the State
Registrar by the local custodian upon receipt of a copy of the amended
certificate. |
| (d) |
A certificate of
birth amended pursuant to the provisions of Section
31-10-23(e) of
the Official Code of Georgia Annotated shall be amended by preparing a new
certificate. The item numbers of the entries that were amended shall not,
however, be identified on the new certificate or on any certified copies that
may be issued of that certificate. A new State file number shall be assigned to
the new certificate. The original certificate shall be removed from the active
files and placed with the order in the confidential files. |
| (1) |
When an authorized reproduction of a
vital record has been properly prepared by the State Registrar and when all
steps have been taken to insure the continued preservation of the information,
the record at the State or County offices of Vital Records from which such
authorized reproduction was made may be disposed of by the State Registrar.
Such record may not be disposed of, however, until the quality of the
authorized reproduction has been tested to insure that acceptable certified
copies can be issued and until a security copy of such document has been placed
in a secure location removed from the building where the authorized
reproduction is housed. |
| (2) |
The
State Registrar may offer the original documents from which the authorized
reproductions are made to the Secretary of State. The Secretary of State may be
allowed to retain permanently such records provided they adhere to the
restrictions in the Vital Records law related to access to such records. If the
Secretary of State does not wish to place such records in his or her files, the
State Registrar shall be authorized to destroy the documents. Such destruction
shall be by approved methods for disposition of confidential or sensitive
documents. |
| (1) |
Copies of vital records maintained by the
Office of Vital Records, and information contained in such vital records, shall
not be disclosed except as permitted by:
| (a) |
Chapter 10 of Title 31; |
| (c) |
the rules of the Department; or |
| (d) |
as directed by court order.
A vital record shall not be disclosed pursuant to subpoena or
civil discovery request unless the requesting party demonstrates its right to
the record under this Rule.
|
|
| (2) |
For purposes of this Rule, the term
certified copy means a copy of a vital record printed on colored stock and
bearing the raised seal of the State Registrar. A person entitled to have a
plain paper copy of a vital record may request that the copy be certified in
accordance with Code Sections
24-9-920
and
24-8-803(9). |
| (3) |
A certified copy of a birth certificate
may be issued only to the following persons or their legal representatives:
| (a) |
The person whose birth is recorded on the
certificate; |
| (b) |
A parent of such
person, except as provided in subsection (4) below; |
| (c) |
A grandparent of such person; |
| (d) |
An adult brother or sister of such
person; |
| (e) |
An adult child of such
person; |
| (f) |
The living legal spouse
of such person; |
| (g) |
A person who
has been appointed, or who has applied in good faith to become, a legal
guardian of such person; or |
| (h) |
A
person who demonstrates that a certified copy of the birth certificate is
needed to establish a legal right or claim.
A plain paper copy of a birth certificate may be issued only
to a person entitled to receive a certified copy; provided, however, that if
the birth occurred more than one hundred years before the date of request, a
plain paper copy may be provided to any person. Further, a plain paper copy of
the birth certificate of a deceased registrant may be issued to any person, so
long as the fact of the registrant's death can be verified and the copy is
clearly marked "deceased" in large letters on the face of the birth
certificate.
|
|
| (4) |
A natural parent of an adopted child with no legal right to custody may not
have access to the child's birth records except upon court order. |
| (5) |
A certified copy of a death or
spontaneous fetal death certificate may be issued only to the following persons
or their legal representatives:
| (a) |
A child,
parent, legal living spouse, or other next of kin of the decedent; |
| (b) |
A person who has been appointed, or who
has applied in good faith to become, the executor or administrator of the
decedent's estate; or |
| (c) |
A person
who demonstrates that a certified copy of the death certificate is needed to
establish a legal right or claim.
A plain paper copy of a death certificate may be issued to
any person; provided, however, that the decedent's Social Security number shall
be redacted. Upon request, the cause of death may be omitted from either a
certified copy or a plain paper copy of a death certificate.
|
|
| (6) |
A certified copy of a
voluntary acknowledgment of paternity, or a certified copy of a voluntary
acknowledgment of legitimation executed prior to 1 July 2016, may be issued
only to the following persons or their legal representatives:
| (a) |
Either of the persons who signed the
acknowledgment; |
| (b) |
The person
whose paternity or legitimation was acknowledged, if she or she is as least 18
years of age; |
| (c) |
A person who has
been appointed, or who has applied in good faith to become, a legal guardian or
custodian of the person whose paternity or legitimation was
acknowledged; |
| (d) |
A living legal
spouse or next of kin of the person whose paternity or legitimation was
acknowledged; |
| (e) |
An attorney who
demonstrates that the certificate is needed for purposes of legal investigation
on behalf of a client; or |
| (f) |
A
licensed child-placing agency that demonstrates that the certificate is needed
for official purposes.
A plain paper copy of a voluntary acknowledgement of
paternity, or a voluntary acknowledgement of legitimation executed prior to 1
July 2016, may be issued only to a person entitled to receive a certified
copy.
|
|
| (7) |
The
State Registrar, in his or her reasonable discretion, may disclose information
from Vital Records for statistical or research purposes, subject to such
conditions as the State Registrar may impose, including without limitation a
written agreement to maintain the confidentiality of the information so
disclosed. |
| (8) |
The State Registrar
may provide copies of or disclose information from Vital Records to authorized
representatives of Federal, State or County agencies who request such data in
the conduct of their official duties. |
| (9) |
The State Registrar or local custodian
shall not issue a copy of a vital record, or information contained in vital
records, until a signed application has been received with the appropriate fee.
To determine an applicant's right to information from a vital record, the State
Registrar or local registrar may request additional information from the
applicant, including without limitation proof of the applicant's identity or a
sworn statement. |
| (10) |
Information
contained in the "Information for Medical and Health Use Only" section on a
birth certificate or spontaneous fetal death certificate, or the "Information
for Statistical Purpose Only" section of the certificate of marriage or report
of divorce, dissolution of marriage, or annulment, shall not be disclosed
unless specifically authorized by the State Registrar for statistical or
research purposes or upon court order. |
| (1) |
When a certified copy is issued, each
certification shall be certified as a true copy by the officer in whose custody
the record is entrusted, and shall include the date issued, the original
signature or authorized facsimile thereof, of the issuing officer, the State
Registrar's authorized facsimile signature, and the impressed seal of the
issuing office. When certifying birth records which are not on file in the
State Office of Vital Records or do not contain the State file number, a
certifying statement which does not contain the facsimile signature of the
State Registrar must be prepared by the issuing officer. |
| (2) |
When the State Registrar receives
information or finds evidence that a certificate was registered through
misrepresentation or fraud, he or she shall have authority to withhold the
issuance of a certified copy of such certificate, electronically flag the
certificate, remove the certificate from the files, and place the certificate
and all evidence which supports the finding of misrepresentation or fraud in a
special file. Such certificate will be marked "Void". The decision to
invalidate a record shall be subject to appeal in accordance with Rule
511-1-3-.39. |
| (1) |
No certified copy shall be issued until
the fee for the search of such copy is received unless specific approval has
been obtained from the State Registrar or otherwise provided for by
statute. |
| (2) |
For statistical
research purposes, the State Registrar shall determine the fee for such
services on the basis of the costs providing such services and determine the
manner in which such costs must be paid. |
| (3) |
The State Registrar shall prescribe the
fees to be paid for the replacement of a birth certificate subsequent to
adoption, legitimation, paternity determination, paternity acknowledgement,
court order, filing a delayed registration of birth, or an amendment of a vital
record, provided that no fee shall be charged for an amendment completed within
one year after the filing of the record. |
| (1) |
Each funeral director shall keep a record
containing, as a minimum, information about each dead body or fetus the funeral
director disposes of, as follows:
| (a) |
The
date, place, and time of receipt; |
| (b) |
The date, place, and manner of
disposition; |
| (c) |
If the dead body
or fetus is delivered to another funeral director, the date of such delivery,
and the name and address of the funeral director to whom delivered;
and |
| (d) |
The items required by the
certificate of death for those deaths for which the funeral director was
required to file the certificate. |
|
| (2) |
Such records as described in Paragraph
(1) above may be reviewed at the request of the State Registrar or his or her
authorized representative. |
| (1) |
To protect the integrity of Vital Records
and to prevent the fraudulent use of birth certificates of deceased persons,
the State Registrar is authorized to match birth and death certificates in
accordance with established written guidelines which provide the standards for
determining a match does exist. These standards shall specify the information
about the decedent which must be available and which must be compared to the
information on the birth certificate before a match can be made. These items
shall include as a minimum: name of decedent; name of father and maiden name of
mother; date of birth or age of decedent; state of birth of decedent; county of
birth; and marital status of decedent. No match shall be made unless there is
documented proof of the fact of death. |
| (2) |
The death certificate State file number
shall be posted to the corresponding birth certificate; the State file number
of the corresponding birth certificate, to the death certificate; and the birth
index duly marked. A birth certificate thus matched may be issued marked
"Deceased". |
| (1) |
Unless otherwise provided in this
Chapter, a completed report of live birth, death, or spontaneous fetal death
filed with a local registrar shall be transmitted to the State Office of Vital
Records within two business days of receipt by the local registrar. |
| (2) |
Each official issuing marriage licenses
shall forward to the State Office of Vital Records, before the tenth day of
each month, the following information with respect to each completed marriage
license returned to such official during the preceding month: gender, date of
birth, number of marriage (e.g., first, second, third, etc.), and the first,
middle, and last name of each party; city, county, and date of ceremony; name,
title, and address of officiator; and name of probate judge or clerk. |
| (3) |
The Clerk of Superior Court shall
complete and forward to the State Office of Vital Records, before the tenth day
of each month, the following information with respect to each divorce,
dissolution of marriage, or annulment decree granted during the preceding
calendar month: civil action number; date of divorce decree; county of
issuance; gender, date of birth, county of residence, number of marriage (e.g.,
first, second, third, etc.), and the first, middle, and last name of each
party; original date of marriage; and number of children under 18 years of
age. |
| (4) |
The Clerk of the Superior
Court shall complete and forward to the State Office of Vital Records, before
the 15th day of each month, all completed certificates of adoption, annulments
of adoption, and amendments of decrees of adoption which were entered in the
preceding calendar month. |
| (1) |
Persons seeking to obtain or amend a
vital record may appeal the action or refusal to act of local custodians,
registrars, or employees of the Office of Vital Records, by filing an appeal in
writing with the State Registrar. The appeal must specifically identify the
employee or official involved, the action or refusal to act, and must state the
complainant's right or standing to complain of the action or
inaction. |
| (2) |
The State Registrar
will make such investigation of the appeal as is necessary to resolve the
matter. A written decision will be issued by the Registrar, except that the
State Registrar may appoint a special assistant to investigate and decide the
appeal in his or her name. |
| (3) |
The
appointment of a local registrar or local custodian may be revoked for cause in
the discretion of the State Registrar. A decision by the State Registrar to
revoke an appointment may be appealed by filing a request in writing with the
Department's Office of General Counsel within 30 days from the date of the
decision. The appeal must state the factual grounds in support of the claim
that the State Registrar has abused his or her discretion in rescinding the
appointment. The appeal shall be immediately referred to the Office of State
Administrative Hearings for hearing in accordance with Code Section
50-13-41. Prior to hearing by
OSAH, the appellant may request a conference with the State Registrar before a
member of the Board of Public Health appointed to serve as mediator. The
purpose of the conference is to discuss any issues in dispute, to present any
additional matters relevant to the State Registrar's decision, and to seek
settlement. As a result of the conference, the mediator may recommend that the
State Registrar's decision be affirmed, modified, or rescinded. If the matter
is not settled by agreement of the parties, then the matter shall proceed to
hearing before OSAH. |
Legal process involving a Vital Records function or in a
matter wherein the Vital Records Service is entitled to notice shall be served
upon the Commissioner of Public Health. This Rule shall be cumulative of all
other requirements imposed by law for service of process or notice upon the
Department of Public Health.
