(1) A vital record registered under this chapter must be amended or corrected in accordance with this section or rules adopted by the State Registrar of the Center for Health Statistics for the purpose of protecting the integrity and accuracy of vital records.

Terms Used In Oregon Statutes 432.235

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amendment: means a change to an item that appears on a certified copy of a vital record after a certified copy has been issued. See Oregon Statutes 432.005
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Certified copy: means the document, in either paper or electronic format, issued by the State Registrar of the Center for Health Statistics and containing all or a part of the information contained on the original vital record, and which, when issued by the state registrar, has the full force and effect of the original vital record. See Oregon Statutes 432.005
  • Correction: means a change to an item that is not included in a certified copy of a vital record, or a change to an item that is included in a certified copy provided that no certified copy has been issued. See Oregon Statutes 432.005
  • Court of competent jurisdiction: means a court within the United States with jurisdiction over a person subject to regulation under this chapter. See Oregon Statutes 432.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Gender identity: means an individual's gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth. See Oregon Statutes 174.100
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Legal representative: means a licensed attorney representing the registrant or other qualified applicant. See Oregon Statutes 432.005
  • Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, that, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Oregon Statutes 432.005
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Record: means a report that has been registered by the state registrar. See Oregon Statutes 432.005
  • State: includes a state or territory of the United States, the District of Columbia and New York City. See Oregon Statutes 432.005
  • Vital record: means a report of a live birth, death, fetal death, marriage, declaration of domestic partnership, dissolution of marriage or domestic partnership and related data that have been accepted for registration and incorporated into the official records of the Center for Health Statistics. See Oregon Statutes 432.005

(2)(a) A vital record that is amended or corrected under this section shall indicate that it has been amended or corrected, except as otherwise provided in this section or by rule of the state registrar.

(b) The state registrar shall keep and maintain:

(A) Documentation that identifies the evidence upon which an amendment or correction is based;

(B) The date of the amendment or correction; and

(C) The identity of the individual authorized by the Center for Health Statistics that made the amendment or correction.

(3)(a) Upon the request of an applicant who is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, upon the request of an applicant’s parent, legal guardian or legal representative, the state registrar shall amend a record of live birth that occurred in this state to change the name of the applicant if:

(A) The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the name of the applicant; or

(B) The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the name that includes:

(i) Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended; and

(ii) A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicant’s gender identity.

(b) Upon request, the state registrar shall amend a record of live birth that occurred in this state to change the sex of an applicant if the applicant is 18 years of age or older or an emancipated minor, or if the applicant is not 18 years of age or older or an emancipated minor, the applicant’s parent, legal guardian or legal representative makes the request, and if:

(A) The state registrar receives a certified copy of an order from a court of competent jurisdiction changing the sex of the applicant; or

(B) The state registrar receives a request, on a form prescribed by the state registrar, from the applicant to change the sex that includes:

(i) Documentation sufficient, as prescribed by the state registrar by rule, to allow the state registrar to confirm the identity of the applicant and identify the correct record of live birth to be amended;

(ii) A statement signed by the applicant in which the applicant attests, as prescribed by the state registrar by rule, to making the request for the purpose of affirming the applicant’s gender identity; and

(iii) Any other documentation as required by the state registrar by rule.

(4)(a) When an applicant to amend a vital record does not submit the minimum documentation required to make an amendment, or when the state registrar has cause to question the validity or adequacy of an application to amend a vital record, the state registrar, in the state registrar’s discretion, may refuse to amend the vital record. If the state registrar refuses to amend a vital record under this subsection, the state registrar shall:

(A) Enter an order denying the amendment and stating the reasons for the denial; and

(B) Advise the applicant of the applicant’s right to appeal the order under ORS § 183.484.

(b) The state registrar may not amend a record of live birth to change the name of an applicant under subsection (3)(a)(B) or the sex of an applicant under subsection (3)(b)(B) of this section more than once.

(5) When an amendment is made to a record of marriage or a record of domestic partnership by the county clerk or other county official who issues marriage licenses and registers domestic partnerships, or when an amendment changes the name, date of birth or birthplace of a party to a judgment or final order of a dissolution of marriage or dissolution of domestic partnership by a court of competent jurisdiction, copies of the amendment must be forwarded to the state registrar and the state registrar shall amend the related record.

(6) If a judgment or final order of dissolution of marriage or dissolution of domestic partnership is set aside by a court of competent jurisdiction, a copy of the notice setting aside the judgment or order must be forwarded to the state registrar and the state registrar shall void the related record. [Formerly 432.290; 1997 c.783 § 25; 2003 c.576 § 455; 2007 c.99 § 17; 2007 c.703 § 13; 2013 c.366 § 29; 2017 c.100 § 1]

 

[1999 c.2; 1999 c.604 § 1; 2009 c.595 § 614; 2013 c.366 § 28; renumbered 432.228 in 2013]