ORS 432.235
Requirements for amending or correcting vital record


(1)

A vital record registered under this chapter must be amended or corrected in accordance with this section or rules adopted by the State Registrar of the Center for Health Statistics for the purpose of protecting the integrity and accuracy of vital records.

(2)

Intentionally left blank —Ed.

(a)

A vital record that is amended or corrected under this section shall indicate that it has been amended or corrected, except as otherwise provided in this section or by rule of the state registrar.

(b)

The state registrar shall keep and maintain:

(A)

Documentation that identifies the evidence upon which an amendment or correction is based;

(B)

The date of the amendment or correction; and

(C)

The identity of the individual authorized by the Center for Health Statistics that made the amendment or correction.

(3)

Intentionally left blank —Ed.

(a)

Upon the request of an applicant who is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, upon the request of an applicant’s parent, legal guardian or legal representative, the state registrar shall amend a record of live birth that occurred in this state to change the name of the applicant if:

(A)

The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the name of the applicant; or

(B)

The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the name that includes:
(i)
Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended; and
(ii)
A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicant’s gender identity.

(b)

Upon request, the state registrar shall amend a record of live birth that occurred in this state to change the sex of an applicant if the applicant is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, the applicant’s parent, legal guardian or legal representative makes the request, and if:

(A)

The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the sex of the applicant; or

(B)

The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the sex that includes:
(i)
Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended;
(ii)
A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicant’s gender identity; and
(iii)
Any other documentation as required by the state registrar by rule.

(4)

Intentionally left blank —Ed.

(a)

When an applicant to amend a vital record does not submit the minimum documentation required to make an amendment, or when the state registrar has cause to question the validity or adequacy of an application to amend a vital record, the state registrar, in the state registrar’s discretion, may refuse to amend the vital record. If the state registrar refuses to amend a vital record under this subsection, the state registrar shall:

(A)

Enter an order denying the amendment and stating the reasons for the denial; and

(B)

Advise the applicant of the applicant’s right to appeal the order under ORS 183.484 (Jurisdiction for review of orders other than contested cases).

(b)

The state registrar may not amend a record of live birth to change the name of an applicant under subsection (3)(a)(B) or the sex of an applicant under subsection (3)(b)(B) of this section more than once.

(5)

When an amendment is made to a record of marriage or a record of domestic partnership by the county clerk or other county official who issues marriage licenses and registers domestic partnerships, or when an amendment changes the name, date of birth or birthplace of a party to a judgment or final order of a dissolution of marriage or dissolution of domestic partnership by a court of competent jurisdiction, copies of the amendment must be forwarded to the state registrar and the state registrar shall amend the related record.

(6)

If a judgment or final order of dissolution of marriage or dissolution of domestic partnership is set aside by a court of competent jurisdiction, a copy of the notice setting aside the judgment or order must be forwarded to the state registrar and the state registrar shall void the related record. [Formerly 432.290; 1997 c.783 §25; 2003 c.576 §455; 2007 c.99 §17; 2007 c.703 §13; 2013 c.366 §29; 2017 c.100 §1]

Source: Section 432.235 — Requirements for amending or correcting vital record, https://www.­oregonlegislature.­gov/bills_laws/ors/ors432.­html.

432.005
Definitions
432.010
Center for Health Statistics
432.015
Rules
432.020
State registrar
432.025
Assistant state registrars
432.030
Duties of state registrar
432.033
Duties of state registrar related to confidentiality and security
432.035
County registrars
432.075
Duty to report information to state registrar
432.083
Requirements for institutions, health care practitioners and persons who transport dead bodies
432.088
Mandatory submission and registration of reports of live birth
432.093
Availability of voluntary acknowledgment of paternity form
432.098
Voluntary acknowledgment of paternity form
432.103
Full faith and credit
432.108
Report of live birth for child of unknown parentage
432.113
Delayed reports of live birth
432.118
Procedure for contesting refusal to register report of live birth or delayed report of live birth
432.133
Mandatory submission and registration of reports of death
432.138
Court orders for records of death
432.141
Annual reporting of opiate and opioid overdoses
432.143
Mandatory submission and registration of reports of fetal death
432.148
Commemorative Certificate of Stillbirth
432.153
Status of reports under ORS 435.496
432.158
Disposition of remains
432.163
Extensions for submitting reports of death or fetal death
432.173
Mandatory submission and registration of reports of marriage and reports of domestic partnership
432.178
Delayed report of marriage
432.183
Mandatory submission and registration of reports of dissolution of marriage and reports of dissolution of domestic partnership
432.223
Reports of adoption
432.228
Issuance of certified copy of record of live birth to adopted persons
432.235
Requirements for amending or correcting vital record
432.245
Replacing records of live birth
432.250
Access to adoption records
432.295
Preservation program
432.350
Vital records exempt from public disclosure
432.355
Disclosure of death filed in conjunction with claims or interests in land
432.360
Records of dissolution of marriage and dissolution of domestic partnership subject to full disclosure
432.380
Issuance of certified copies of records
432.385
Registering, amending or correcting record through fraud
432.435
Fees
432.440
County registrar sale of certified copies of records of live birth and death
432.445
Issuance of additional record of live birth
432.450
Grant program for issuance of certified copy of record of live birth to individual who is homeless
432.455
Birth Certificates for Homeless Persons Fund
432.500
Definitions
432.510
Cancer and tumor registry system
432.520
Reporting requirement
432.530
Confidentiality of information
432.540
Use of confidential data
432.550
Action for damages
432.570
No requirement or prohibition regarding operation of separate cancer and tumor registry
432.600
Establishment of committee
432.900
Civil penalty
432.993
Unlawful use of vital record or report
432.994
Unlawful use of vital record or report
432.995
Obstructing the keeping of vital records or reports
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