Oregon Revised Statutes Chapter 432 § 432.235 — Requirements for amending or correcting vital record

Requirements for amending or correcting vital record. (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. (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]