Correcting a Birth Certificate in New York

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 What Is a Birth Certificate?

Birth certificates are legal identification documents. They are required documents that are issued and completed for all births that occur in the United States.

In general, birth certificates in the United States are fairly standard across the states. In addition, the information that is listed on the majority of birth certificates mirrors the details that are provided on birth certificates in other countries.

An informational birth certificate is not considered to be certified, or official. This is due to the fact that these types of birth certificates are not filed with the state records office.

Instead, they are filed and printed by the hospital and are intended for keepsake purposes. Because of this, these certificates cannot be used for any legal purposes.

Informational birth certificates typically contain the following information:

  • The child’s name;
  • Each parent’s name;
  • The time and date of the child’s birth;
  • The state, county, and city in which the child was born; and
  • The child’s foot and handprints.

A certified copy of a birth certificate contains more information about the birth of the child. This document serves as an official record of the child’s birth.

This type of certificate is issued by the state’s records office. A certified birth certificate is a legal document that may be used as a form of identification.

A certified birth certificate can also be used to obtain the following other types of identification:

  • Driver’s license;
  • Passport;
  • Social security card; and
  • Marriage license.

The following information has to be included in order for the document to be an authorized birth certificate:

  • The child’s full name, spelled correctly, including:
    • first;
    • middle; and
    • last names;
  • The city, state, and country in which the birth occurred;
  • The date and time of the birth;
  • The child’s sex as it was assigned by the doctor at birth;
  • Details about the birth, such as if the child was born single or as a twin, etc.;
  • The father’s full name;
  • The father’s birth date, in addition to the location of the father’s birth;
  • The mother’s full name, including her maiden name;
  • The mother’s birth date, in addition to the location of the mother’s birth; and
  • The country, state, and city of residence where the child’s birth parents live.

Who Keeps Track of Birth Certificates?

Every state has a Department of Vital Statistics that maintains vital records for that state, which includes:

  • Birth and death certificates;
  • Marriage licenses; and
  • Divorce records.

The National Center for Health Statistics (NCHS) works with states to compile birth statistics into the National Vital Statistics System. This project provides information that is contained on birth certificates that is collected through standard forms created by the aforementioned authorities in order to collect relevant birth data.

The costs for providing this data for national use are shared by the NCHS and the individual states. An individual’s birth certificate is issued at the state level.

Every state is obligated by law to report all annual vital statistics data to the federal government. If, however, a baby is born to American parents while overseas, the United States Department of State is responsible for collecting that information.

How Can I Correct Errors on a New York Birth Certificate?

If there is a typographical error on a child’s birth certificate, New York birth certificate correction laws allow individuals to make changes. Every state has its own laws regarding the steps for amending birth certificates.

In the State of New York, the procedure for changing a birth certificate will depend on the child’s age, discussed below.

What is the Procedure for Correcting Errors if my Child is Under 12 Months Old?

If a child is under 12 months of age, updating their birth certificate is much simpler. A parent will have to complete the application that is provided by the New York Department of Health and Mental Hygiene.

The individual will then be required to submit the application as well as the original birth certificate directly to the hospital in order to request the change. They will also be required to submit any fees that are required in order to have the amendment processed and approved.

What is the Procedure for Correcting Errors if my Child is Over 12 Months Old?

If a child is over 12 months of age, their parents will have to submit official documentation that supports the changes with the New York Department of Health and Mental Hygiene. Although the type of documentation that is required will depend on the type of change that is being requested, in general, it will need to include the child’s name, child’s date of birth and parent’s name.

This documentation should be from prior to the child’s 7th birthday or at least be 10 years old in order to support the authenticity of the document. The individual will also be required to submit any fees that are necessary for the amendment to be processed and approved.

The New York Department of Health and Mental Hygiene website lists the types of documentation that are required for each type of change.

What Are Some Common Changes Made to Birth Certificates?

Amendments to birth certificates are often requested to correct minor errors, such as:

  • Correcting spelling errors in general;
  • Correcting spelling errors to the child’s name;
  • Correcting spelling errors to the names of the parents; and
  • Add any information to fields that were accidentally left blank on the certificate.

It is important to note that if an individual wishes to make a major change on a birth certificate, for example, adding another parent’s name to the birth certificate, a court order will be required.

How Much Does it Cost to Change Name on Birth Certificate in New York?

The cost for changing a name on a birth certificate in New York is currently $65.00. An individual may use the forms provided by the civil courts to make a change on an adult’s or a minor’s birth certificate.

How Long Does it Take to Amend a Birth Certificate in New York?

In general, it may take 12 weeks to process an application to amend a birth certificate in New York. Delivery of the amended certificate may take an additional 2 weeks.

If an individual needs to amend their birth certificate, it may be helpful to consult with a birth certificate correction lawyer who can help them through the process.

Should I Contact an Attorney?

Having an accurate birth certificate is a necessity for many different areas of life. Typically, it is not necessary to have the assistance of a lawyer to correct a birth certificate.

In most cases, once an individual files the proper paperwork and pays the required fees, the process should go smoothly. If, however, you have taken the correct steps and you are still unable to make changes, something else may be hindering the process.

A New York family lawyer can help with birth birth certificate correction issues and simplify what is sometimes a complicated and tedious process. Your attorney can advise you of the best course of action for the changes you need to make.

In addition, your attorney can help you with the process of obtaining an amended birth certificate. If any legal issues arise related to your or your child’s birth certificate, your lawyer can represent you in court.

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