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State Statutes - Idaho - Title 39 - Chapter 2 - 39-250
Idaho Statutes
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39-250 - COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER ALTERATIONS PROHIBITED
COMPLETION AND CORRECTION OF CERTIFICATES -- PROCEDURE -- OTHER
ALTERATIONS PROHIBITED. A certificate of any event shall be completed,
corrected, amended or otherwise altered after being filed with the vital
statistics unit only in accordance with this chapter and rules promulgated by
the board.
(a) A certificate that is amended under the provisions of this section
shall be marked "amended," except as otherwise provided in this section. The
date of amendment and a summary description of the evidence submitted in
support of the amendment shall be filed with or made a part of the record. The
department shall prescribe by rule the conditions under which additions or
minor corrections may be made to certificates or records within one (1) year
after the date of the event without the certificate being marked "amended."
(b) Upon receipt of a notarized voluntary acknowledgment of paternity,
the state registrar shall amend the certificate of birth to show such
paternity if paternity is not already shown on the certificate of birth, and
change the child's surname to that of the father, if both parents so request.
Such certificate shall not be marked "amended."
(c) Upon receipt of both a notarized affidavit of nonpaternity signed by
the husband attesting that he is not the father, and a notarized
acknowledgment of paternity signed by the mother and the alleged father
attesting that the alleged father is the father, the state registrar shall
amend the certificate of birth to show such paternity, and change the child's
name, if so requested by the mother and the alleged father. Such certificate
shall not be marked "amended."
(d) Upon receipt of a certified copy of an order of a court of competent
jurisdiction changing the name of a person born in this state and upon request
of such person or the parent(s), guardian, or legal representative, the state
registrar shall amend the certificate of birth to show the new name.
(e) When an applicant does not submit the minimum documentation required
in the rules for amending a vital record or when the state registrar has
reasonable cause to question the validity or adequacy of the applicant's sworn
statements or the documentary evidence, and if the deficiencies are not
corrected, the state registrar shall not amend the vital record and shall
advise the applicant of the reason for this action and shall further advise
the applicant of the right to appeal to a court of competent jurisdiction.
(f) If an acknowledgment of paternity or affidavit of nonpaternity is
rescinded pursuant to section 7-1106, Idaho Code, and the certificate of birth
had been prepared or amended in accordance with the acknowledgment, the state
registrar shall not release any copies of the certificate of birth except as
required for a legal proceeding until a court order determining paternity has
been provided to the state registrar. If the mother was married at the time of
either conception or birth, or between conception and birth, the court shall
also determine if the husband is the father of the child.
 
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