Florida Regulations 64V-1.0033: Birth Certificate Amendment by Legal Change of Name; Judicial Process
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(1) Any judgment of change of name entered in this state pursuant to subsection (5), of Florida Statutes § 68.07, shall be recorded on a Report of Legal Change of Name, DH Form 427 (04/16), hereby incorporated by reference and available from the department or https://www.flrules.org/Gateway/reference.asp?No=Ref-07178.
(2) In the case of a name change which also changes the name of the parent(s), only the name of the registrant shall also be amended except when the court order specifically directs the department to amend the birth certificate in regard to the name change of the parent(s). In such cases, submission of a certified copy of the court order granting the name change shall also be required.
(3) Upon receipt of a Report of Legal Change of Name, DH Form 427 (04/16), incorporated by reference in subsection (1), of Fl. Admin. Code R. 64V-1.0033, completed and certified by the clerk of circuit court entering the change of name or an order of name change entered by a court of competent jurisdiction in another state, the department shall, except in the case of a woman who has had her maiden name restored or in a case where the court directs the department to file a new birth certificate, amend the birth certificate of the registrant by attaching the report to the birth certificate thereby becoming a permanent part of that record.
(a) In the case of a woman who has had her maiden name restored, no action shall be taken by the department in regard to amending the birth certificate and the report that has been forwarded by the court shall be incorporated into the files of vital statistics.
(b) In a case where the court has directed the department to file a new birth certificate, the original birth certificate shall be removed and shall be placed together with the order granting the name change under seal only to be opened by an order from a court of competent jurisdiction.
Rulemaking Authority 382.003(7), (10), 382.0255(3) FS. Law Implemented 68.07(5) FS. History-New 11-11-98, Amended 2-29-04, 7-31-16.
Terms Used In Florida Regulations 64V-1.0033
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) Upon receipt of a Report of Legal Change of Name, DH Form 427 (04/16), incorporated by reference in subsection (1), of Fl. Admin. Code R. 64V-1.0033, completed and certified by the clerk of circuit court entering the change of name or an order of name change entered by a court of competent jurisdiction in another state, the department shall, except in the case of a woman who has had her maiden name restored or in a case where the court directs the department to file a new birth certificate, amend the birth certificate of the registrant by attaching the report to the birth certificate thereby becoming a permanent part of that record.
(a) In the case of a woman who has had her maiden name restored, no action shall be taken by the department in regard to amending the birth certificate and the report that has been forwarded by the court shall be incorporated into the files of vital statistics.
(b) In a case where the court has directed the department to file a new birth certificate, the original birth certificate shall be removed and shall be placed together with the order granting the name change under seal only to be opened by an order from a court of competent jurisdiction.
Rulemaking Authority 382.003(7), (10), 382.0255(3) FS. Law Implemented 68.07(5) FS. History-New 11-11-98, Amended 2-29-04, 7-31-16.