37.8.108    AMENDMENT PROCESS AND DOCUMENT REQUIREMENTS

(1) Except as noted in ARM 37.8.311, a filed original vital record must be amended by placing a line through the information to be deleted and typing the new information above the line. Electronic records must be amended by overlaying the new information on all electronic images of the record used for certified copies. If the change to the record is to add missing or blank information, the added information must be entered in the appropriate location.

(2) Any certified copy of a vital record issued in the state that was amended or corrected within the first year after filing will not be marked "AMENDED"; however, the summary evidence number and the date of the correction will be indicated. Any vital record amended one year or more after the event will be marked "AMENDED" and will contain the summary evidence number and the date the alterations occurred.

(3) The documentation that justifies the amendment of a vital record must be made available upon request to any person receiving a certified copy.

(4) In cases other than those cited in ARM 37.8.311, the department may amend any portion of a vital record if a requestor submits a correction affidavit.

(a) The correction affidavit must include the following information:

(i) the name of the registrant or registrants appearing on the record;

(ii) the date and place of birth, birth resulting in a stillbirth, death, or fetal death;

(iii) the specific items on the record that are to be changed, including the information as presently shown and the proposed corrected information;

(iv) the relationship of the affiant to the registrant;

(v) certification by the affiant that all affected parties concur with the changes; and

(vi) supporting documentation provided by the affiant as irrefutable proof that the amendment(s) are correct.

(b) If not all parties agree to the changes, an order from a court with appropriate jurisdiction is required.

(5) The department will determine the number and suitability of the supporting documentation required as irrefutable proof to sustain the accuracy of the amendment(s).

(6) Supporting documents must not be altered and must meet the following criteria:

(a) For any person under the age of five, the document(s) must be dated at least one year before the date of the application or within the first year of birth.

(b) For any person five years of age or older, the documents must be dated at least five years before the date of application or within three years after the date of birth.

(c) No two documents submitted as evidence may be from the same source.

(7) Upon request, the department will provide a list of suggested supporting documents.

History: 50-15-102, 50-15-103, 50-15-204, 50-15-208, 50-15-223, MCA; IMP, 50-15-102, 50-15-103, 50-15-204, 50-15-208, 50-15-223, MCA; NEW, 2008 MAR p. 169, Eff. 1/1/08; AMD, 2015 MAR p. 1492, Eff. 9/25/15.