(a) The Commissioner or the Commissioner's designee may approve the amendment of a birth, termination of pregnancy or death certificate, or of a confidential medical report of birth, spontaneous termination of pregnancy or death. Application shall be made on a form furnished by the Department. Application for amendment of a birth certificate may be made only by the person whose birth certificate is to be corrected if such person is 18 years of age or over, or by the parents or surviving parent of a child that is deceased, by the legal guardian of the person whose birth certificate is to be corrected, or by an agency in accordance with subdivision (e) of this section if such person is under 18 years of age. Application for amendment of a spontaneous termination of pregnancy shall be made by the parents or surviving parent. Application for amendment of a death certificate, or of a confidential medical report of death shall be made by the person in control of disposition as defined in 24 RCNY Health Code Article 205 or by the person identified on the death certificate as providing the personal particulars pursuant to 24 RCNY Health Code Article 205.
(b) Every application shall be accompanied by supporting documentary evidence. An application for amendment of a birth certificate if made within one year of the date of birth, may be accompanied by a certificate of birth registration which, if the application is approved, shall be exchanged without charge for a new corrected certificate of birth registration except as provided in 24 RCNY Health Code § 207.13(5)(f).
(c) No application shall be approved unless the Commissioner or the Commissioner's designee is satisfied that the evidence submitted shows the true facts and that an error or omission was made at the time of preparing and filing of the certificate or confidential medical report of birth, spontaneous termination of pregnancy or death, or that the name of a person named in a birth certificate has been changed pursuant to court order. However, a funeral director, undertaker or the Office of Chief Medical Examiner who has taken control of human remains may, without approval by the Commissioner or the Commissioner's designee, use the Electronic Death Registration System to amend a certificate or confidential medical report of death if the funeral director, undertaker or the Office of Chief Medical Examiner is amending the name of the funeral establishment or the method, place, location, or date of disposition.
(d) As used in this Title, "vital record" shall mean any certificate or confidential medical report required to be filed with the Department pursuant to this Title, whether written or electronic.
(e) When a court of competent jurisdiction has remanded or placed a child to the care and custody of the Administration for Children's Services or an authorized government social services agency outside of the City of New York responsible for the welfare of a child, as determined by the department, such agency may make an application for correction of a first name when none or a placeholder was provided on the original birth certificate.
(Amended City Record 3/25/2016, eff. 4/24/2016; amended City Record 2/17/2023, eff. 3/19/2023)