SUBCHAPTER 41H ‑ VITAL RECORDS
SECTION .0100 ‑ GENERAL PROVISIONS
10A NCAC 41H .0101 ADMINISTRATION
The staff of the Vital Records Section of the Division of
Public Health is authorized to administer the statewide vital records program
outlined in Article 4 of Chapter 130A of the North Carolina General Statutes.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990; January 1, 1984.
10A NCAC 41H .0102 DEFINITIONS
As used in Article 4 of Chapter 130A of the General Statutes
and in these Rules:
(1) "Vital events" means births, deaths,
fetal deaths, marriages, divorces;
(2) "Vital statistics" or "vital
records" means records of birth, death, fetal death, marriage, divorce,
and data related thereto;
(3) "Filing" means the presentation of a
certificate, report, or other record provided for by the statute or these
regulations of a birth, death, fetal death, adoption, marriage, or divorce for
registration;
(4) "Registration" means the acceptance and
the incorporation in official records of certificates, reports or other records
provided for in the statutes or these regulations of births, deaths, fetal
deaths, adoptions, marriages, or divorces;
(5) "Live birth" means the complete expulsion
or extraction from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, 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;
(6) "Fetal death" means death prior to the
complete expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy; the death is indicated
by the fact that after such expulsion or extraction the fetus does not breathe
or show any other evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles;
(7) "Dead body" means a lifeless human body
or parts of such body or bones thereof from the state of which it reasonably
may be concluded that a death has occurred;
(8) "Final disposition" means the burial,
interment, cremation, or other disposition of a dead body or fetus;
(9) "Physician" means a person authorized or
licensed to practice medicine pursuant to the laws of North Carolina.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. January 1, 1984.
10A NCAC 41H .0103 FORMS
All forms, certificates, and reports used in the
registration of vital events are the property of the State Registrar and shall
be surrendered to him on demand. The forms prescribed and distributed by the
State Registrar for reporting vital events shall be used only for official
purposes. No forms shall be used in the reporting of vital events except those
furnished or approved by the State Registrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0104 GENERAL REQUIREMENTS FOR PREPARATION OF
CERTIFICATES
In order for certificates to be considered complete and
acceptable for registration, each certificate shall:
(1) be filed on forms prescribed and distributed by the
State Registrar,
(2) not be marked "copy" or
"duplicate",
(3) not be a duplicate copy except for marriage and
divorce certificates,
(4) not contain improper or inconsistent data,
(5) be prepared in conformity with these regulations,
or instructions issued by the State Registrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
10A NCAC 41H .0105 MONTHLY VITAL STATISTICS REPORT
The local registrar shall include with each mailing of vital
records to the State Registrar, a monthly vital statistics report on a form
prescribed by the State Registrar which will be a tally of all records by type
of record, by month and year of occurrence, and other information directly
related to the registration of vital events.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
SECTION .0200 ‑ LOCAL REGISTRARS, DEPUTY REGISTRARS,
SUBREGISTRARS
10A NCAC 41H .0201 APPOINTMENTS OF LOCAL, DEPUTY LOCAL, AND
SUBREGISTRARS
(a) All appointments of deputy and sub‑registrars
shall be made in accordance with G.S. 130A‑96.
(b) Each local registrar shall be notified in writing of
his appointment, and shall inform the State Registrar in writing of his
acceptance of the appointment.
(c) Each local registrar shall notify the State Registrar
in writing of his appointed deputy.
(d) Each local registrar, subject to the written
notification and approval of the State Registrar, may appoint subregistrars.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. October 1, 1984.
10A NCAC 41H .0202 REMOVAL/RESIGNATION OF LOCAL: DEPUTY: OR
SUBREGISTRAR
(a) Failure to carry out the provisions of the law relating
to vital statistics and regulations adopted thereunder or conduct that may
impair operation of the vital statistics system shall be considered reasonable
cause for removal of a local registrar, deputy registrar, or subregistrar.
(b) The termination of employment of a local registration
official shall constitute the termination of his position of local registrar,
deputy registrar, or subregistrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
SECTION .0300 ‑ BIRTH REGISTRATION
10A NCAC 41H .0301 GENERAL REQUIREMENTS
In addition to the requirements specified in 10A NCAC 41H
.0104, no birth certificate shall be considered complete, correct, and
acceptable for registration:
(1) that does not have the certifier's name typed or
printed legibly under his signature,
(2) that does not supply all items of information
called for thereon or satisfactorily account for their omission, and
(3) that contains any data relative to the putative
father of a child born out of wedlock unless it is accompanied by the written
consent of both parents under oath or a certified copy of a decree determining
paternity.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0302 LATE CERTIFICATES NOT SIGNED BY
ATTENDANT
Certificates of birth filed after ten days but within one
year from the date of birth which are signed by someone other than the
attendant must be accompanied by a statement from the local registrar stating
why the certificate cannot be signed by the attendant. The State Registrar may
require additional evidence in support of the facts of birth or an explanation
for the delay in filing.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. February 1, 1990; April 1, 1982.
10A NCAC 41H .0303 PHYSICIAN'S SIGNATURE
A birth certificate must be completed and signed by the
physician or other person in attendance at birth within ten days after birth.
If the certificate has not been completed by the physician or other person in attendance
within ten days, the hospital administrator may complete and sign the
certificate.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. February 1, 1990; April 1, 1982.
10A NCAC 41H .0304 MOTHER'S SIGNATURE
Certificates of live birth shall be completed by the
hospital and signed by the mother before she is discharged unless she is
physically unable to sign, the child is going to be given up for adoption, or
unless she refuses to sign. After signing, the mother shall be given a carbon
copy of the certificate. In no cases shall the mother be asked to sign a blank
certificate except that she may sign the certificate before the attendant has
signed it if the attendant's name is typed or printed in the proper location.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0305 MEDICAL AND HEALTH INFORMATION
The local registrar shall delete all information labeled
"For Medical and Health Use Only" from the copies of Certificates of
Live Births which are to be forwarded to the registers of deeds.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
SECTION .0400 ‑ DELAYED REGISTRATION OF BIRTHS
10A NCAC 41H .0401 GENERAL REQUIREMENTS
All certificates registered one or more years after the date
of birth are to be registered on a Delayed Certificate of Birth Form prescribed
by the State Registrar. Any living person born in this state whose birth is
not recorded, or his parent, or guardian may apply to the register of deeds in
the county of birth on a form prescribed by the State Registrar. Such
completed application form shall be retained by the register of deeds.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. July 1, 1992; June 16, 1980.
10A NCAC 41H .0402 DOCUMENTARY EVIDENCE: FACTS TO BE
ESTABLISHED
(a) The minimum facts which must be established by
documentary evidence shall be:
(1) the full name of the person at the time of
birth;
(2) the date and place of birth;
(3) the full maiden name of the mother; and
(4) the full name of the father, except for
births as specified in G.S. 130A-101(f).
Documents presented, other than personal affidavits, to
establish these facts must be from independent sources and shall be in the form
of an original official record (record created by or for a business or
publically-funded agency or organization during the normal course of business)
or a duly certified copy thereof or a signed statement from the custodian.
These documents must have been established at least five years prior to the
date of application. However, documents established less than five years prior
to date of application shall be accepted if created prior to the applicant's
fifth birthday.
(b) An affidavit of personal knowledge, to be acceptable,
must be signed by one of the parents, or a person older than the registrant
having knowledge of the facts of birth before an official authorized to
administer oaths.
(c) For applicants, three pieces of evidence are required,
only one of which may be an affidavit. All three must prove name and date of
birth, two must prove place of birth, and one must prove parentage.
(d) All evidence shall be abstracted or included with the
application and must be signed by the appropriate official. The application
and affidavits of personal knowledge shall be retained by the register of deeds
for one year. Other supporting documents may be returned to the applicant upon
completion of the certificate.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1992; September 1, 1990; June 16, 1980.
10A NCAC 41H .0403 COMPLETION OF THE CERTIFICATE
(a) Upon proper submission of application and supporting
evidence, the register of deeds shall abstract on the delayed certificate of
birth a description of each document submitted to support the facts shown on
the delayed birth certificate. The description shall include:
(1) the title or description of the document;
(2) the name and address of the affiant, if the
document is an affidavit; or of the custodian, if the document is an original
or certified copy of a record or a signed statement;
(3) the date of the original filing of the
document being abstracted; and
(4) the information regarding the birth facts
supported by the document.
(b) Each delayed certificate of birth shall be signed and
sworn to before an official authorized to administer oaths by the person whose
birth is to be registered if such person is 18 years of age and is competent to
sign. Otherwise, the certificate shall be signed and sworn to by one of the
parents or guardians of the registrant.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. July 1, 1992.
10A NCAC 41H .0404 FINAL CERTIFICATION
(a) The register of deeds shall, by his signature, certify
that he has reviewed the evidence submitted to establish the facts of birth and
that the abstract of the evidence appearing on the delayed certificate of birth
accurately reflects the nature and content of the document. He shall enter the
date of his signature.
(b) The State Registrar has final authority to determine
acceptability of evidence. Upon receipt and approval, the State Registrar or
his designated representative, shall, by his signature, certify that no prior
birth certificate is on file for the person whose birth is to be recorded. He
shall also enter the date of his signature.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0405 DISMISSAL AFTER ONE YEAR
Applications for delayed certificates which are not
completed within one year may be dismissed at the discretion of the register of
deeds. Upon dismissal, all documents may be returned to the applicant.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0406 DELAYED BIRTH CERTIFICATES FOR DECEASED
PERSONS
Applications for delayed birth certificates shall not be
accepted and delayed birth certificates shall not be filed for persons who have
died.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
SECTION .0500 ‑ DEATH REGISTRATION
10A NCAC 41H .0501 HOSPITAL ASSISTANCE IN PREPARATION OF
DEATH CERTIFICATES
Hospitals and institutions shall establish and follow a
procedure for assisting funeral directors in completing death certificates. As
a minimum, the procedure will ensure that the funeral director is provided with
the name of the deceased, the name of the attending physician or medical
examiner who is responsible for the medical certification, and the date of
death.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
10A NCAC 41H .0502 ACCEPTANCE OF INCOMPLETE DEATH
CERTIFICATE
If the funeral director is unable to obtain the personal
information about the deceased within the prescribed statutory time period, the
funeral director shall file a death certificate form completed with all
available information, except that no certificate shall be filed without proper
medical certification and signature of attending physician or medical examiner.
The information missing shall be provided to the local
registrar by the funeral director as soon as possible, but in all cases within
30 days. Such information shall be entered by the local registrar on the
original death certificate or forwarded to the State Registrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0503 DEATH REGISTRATION: MEDICAL
CERTIFICATION
Except for deaths caused by conditions under the
jurisdiction of the medical examiner, the physician who last treated the
deceased is responsible for completing the medical certification of the death
certificate, unless there is evidence or indication that the cause of death is
unrelated to the previous diagnosis and treatment. If the attending physician
is unavailable, the certificate shall be signed by the physician who pronounced
death (if he can reasonably determine the cause) or by an associate physician
or physician on call for the attending physician if medical records of the
deceased are available and if the cause of death is reasonably ascertainable
from the records and circumstances preceding death.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
10A NCAC 41H .0504 NO DEATH CERTIFICATE FOR MISSING PERSONS
No death certificate shall be filed nor shall any death
certificate be accepted for filing by a local registrar or the State Registrar
unless there is a body or some remains such as ashes or decomposed organic
substance determined to be human. Deaths in which bodies are lost in lakes,
rivers, and oceans may not be registered until and unless the body is
recovered.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0505 DISINTERMENT‑REINTERMENT PERMITS
A permit for disinterment‑reinterment shall be issued
by the local registrar or deputy registrar only upon receipt of a written
authorization signed by:
(1) the spouse if living; otherwise,
(2) by the next‑of‑kin and the person who
is to perform the disinterment; or
(3) upon receipt of an order of a court of competent
jurisdiction directing such disinterment.
A dead body which has been deposited in a receiving vault
shall not be considered a disinterment when removed from the vault for final
burial.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990; November 1, 1978.
10A NCAC 41H .0506 REMOVAL OF BODIES
Before removing a dead body or fetus from the place of
death, the funeral director or person acting as such shall:
(1) obtain assurance from the attending physician that
death is from natural causes and that the physician will assume responsibility
for certifying to the cause of death or fetal death, or
(2) notify the medical examiner if the case comes
within his jurisdiction and receive authorization from him to remove the body.
History Note: Authority G.S. 130A‑92(7);
Eff. October 1, 1977;
Readopted Eff. November 15, 1977.
SECTION .0600 ‑ CERTIFIED COPIES
10A NCAC 41H .0601 BIRTH CERTIFICATES
(a) There shall be three forms of copies of birth
certificates:
(1) a photocopy of the original record
excluding medical and health related information with facsimile of the signature
of the State Registrar and raised seal and date issued; and
(2) a typed copy prepared on a form printed on
safety paper with facsimile of the signature of the State Registrar and raised
seal; the form shall provide at least the following items of information:
(A) name and sex of child;
(B) date and place of birth;
(C) names, ages (at time of birth), and birthplaces of
father and mother;
(D) date filed with local registrar;
(E) certificate number; and
(F) date of issue; and
(3) a typed wallet‑size card with
facsimile of the signature of the State Registrar providing as a minimum the
following items of information:
(A) name and sex of child;
(B) date and place of birth;
(C) date filed with local registrar;
(D) certificate number;
(E) date of issue; and
(F) changes of names by court order noted on back for
persons older than 15 years unless good cause (including cases of illegitimacy,
fostercare, etc., but not necessarily limited to those cases) is shown for
deleting the notation.
(b) A wallet‑size card shall be issued when
specifically requested.
(c) A typed copy shall be issued when specifically
requested, when the original certificate cannot be photocopied, when the
original has been corrected or amended, or when the record is that of an
adopted or legitimated person.
(d) A photocopy shall be issued when specifically requested
or whenever it is most convenient except in cases in which a typed copy is
required.
(e) In cases when the individual is known to be deceased,
the word "DECEASED" shall be added to the certificate in a prominent
location. This procedure shall apply to copies issued by the Vital Records
Section and to each register of deeds or local health department that issues
certified copies of birth certificates.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. July 1, 1992; January 1, 1992; May 1, 1991.
10A NCAC 41H .0602 DELAYED BIRTH CERTIFICATES
A certified copy of a birth certificate shall be a photocopy
unless it cannot be copied. If not reproducible, a typed copy shall be made,
giving all data which appears on the original certificate, on a form similar to
the form on which the original certificate was filed.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0603 BIRTH CERTIFICATES FOR OUT‑OF‑WEDLOCK
BIRTHS
When issuing a certified copy of a birth certificate for a
child born out of wedlock, which names the father of the child without the
father's acknowledgment of paternity and without judicial determination of
paternity, the information pertaining to the father shall not be included
except in cases when the person named on the certificate specifically requests
that the copy show the father's name and when the person named on the
certificate properly identifies the name of the father as shown on the original
certificate of birth.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0604 DEATH CERTIFICATES
Whenever it is physically possible, a certified copy of a
death certificate shall be a photocopy. Otherwise, it shall be typed on a form
which approximates the form on which the original certificate was filed. When supplemental
causes of death are attached, the information contained thereon shall be
included.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
SECTION .0700 - FEES AND REFUNDS
10a ncac 41H .0701 ROUTINE REQUESTS FOR CERTIFIED COPIES
(a) The fee for a non-expedited search for a certificate of
birth, death, marriage or divorce is twenty-four dollars ($24.00), which
includes the cost of a search of the year indicated and if necessary the year
immediately prior to and subsequent to the indicated year. This fee also
covers issuance of a copy if the record is found. If the record is not
located, the fee shall be retained for providing the search.
(b) If expedited service is specifically requested, an
additional fee of fifteen dollars ($15.00), in addition to all shipping and
commercial charges, shall be charged in accordance with G.S. 130A-93.1(a)(2).
History Note: Authority G.S. 130A-92(a)(7); 130A-93;
130A-93.1;
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. August 24, 2009; June 1, 2005; January 1,
1992; October 1, 1985;
Emergency Amendment Eff. September 14, 2009;
Temporary Amendment Eff. December 1, 2009;
Amended Eff. November 1, 2010.
10a ncac 41H .0702 RESEARCH REQUESTS
(a) The State Registrar may permit the use of data from
vital records for research purposes. The State Registrar shall require the
applicant to specify in writing the conditions under which the records or data
will be used, stored, and disposed of; the purpose of the research; the
research protocol; access limitations; and security precautions.
(b) A fee of twenty-four dollars ($24.00) shall be charged
per name searched. If expedited service is specifically requested, an
additional fee of fifteen dollars ($15.00), in addition to all shipping and
commercial charges, shall be charged in accordance with G.S. 130A-93.1(a)(2).
(c) Vital records or data provided under this Rule shall be
used only for the purposes described in the application.
History Note: Authority G.S. 130A-92(a)(7); 130A-93;
130A-93.1;
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. August 24, 2009; June 1, 2005; February 1,
1994; February 1, 1992; September 1, 1990; October 1, 1985;
Emergency Amendment Eff. September 14, 2009;
Temporary Amendment Eff. December 1, 2009;
Amended Eff. November 1, 2010.
10a ncac 41H .0703 FEES FOR CORRECTIONS AND AMENDMENTS
The fee for correcting or amending a birth or death
certificate shall be fifteen dollars ($15.00) per request. No fee shall be
charged for amending a cause of death on a death certificate.
History Note: Authority G.S. 130A‑92(a)(7); 130A‑118;
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. June 1, 2005; August 1, 1991; October 1,
1985.
10a ncac 41H .0704 FEES FOR PREPARING NEW CERTIFICATE:
ADOPTION AND LEGITIMATION
A fee of fifteen dollars ($15.00) shall be charged for
preparing a new birth certificate for adoptions and legitimations.
History Note: Authority G.S. 48‑9-107; 130A‑92(a)(7);
130A‑118;
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. June 1, 2005; August 1, 1991; October 1,
1985.
SECTION .0800 ‑ CHANGE OF NAMES
10A NCAC 41H .0801 NORTH CAROLINA COURT ORDERS
For court orders changing a name issued under the authority
of North Carolina law, and if the name has not been previously changed, the
name on the certificate shall be lined out, and the new name entered. The face
of the certificate shall be noted, "Name changed by court order" with
the date of the change. The register of deeds in the county of occurrence
shall be notified.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0802 OUT‑OF‑STATE COURT ORDERS
If the court order originates in another state and the name
has not been previously changed by court order, the change shall be made in the
same manner as those originating in North Carolina. If the name has been
previously changed by court order, the statutory authority for the second
change from the other state shall be required.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990; May 15, 1979.
10A NCAC 41H .0803 FEDERAL WITNESS PROTECTION PROGRAM
When a court order is issued under the United States
Department of Justice Witness Protection Program the certification of birth
shall be amended and the court order shall be placed in the sealed file. The
register of deeds in the county of birth shall not be notified of changes made
pursuant to this Regulation.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. May 15, 1979.
10A NCAC 41H .0804 FILING COURT ORDERS
If the court order is submitted on a form furnished by the
State Registrar, it shall be attached to the back of the certificate.
Otherwise, the court order shall be retained in permanent files.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. May 15, 1979.
10A NCAC 41H .0805 JUDICIAL DETERMINATION OF PATERNITY
For cases in which a court determines the paternity of an
illegitimate child, the father's name shall be added and a copy of the amended
certificate shall be forwarded to the register of deeds in the county where the
birth occurred. In cases where the mother is married and the court determines
the husband is not the father, the husband's name will be lined out, and if
also determined by the court, the natural father's name will be added.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. August 1, 1991.
SECTION .0900 ‑ CORRECTIONS AND AMENDMENTS
10A NCAC 41H .0901 ERRORS
(a) The State Registrar may correct errors by his own
observation and by request from the individual or institution responsible for
filing the original certificate, the informant, or the local registrar or
his/her deputized agent. The register of deeds or other office of that county
that maintains and certifies records shall be provided all such corrections
either by the State Registrar or through the local registrar as provided in Paragraph
(b) of this Rule.
(b) Prior to such time as the certificate has been
officially registered by the Vital Records Section, each local registrar or
his/her deputized agent is empowered to and shall correct errors on a
certificate. After such time as the certificate has been officially registered
by the Vital Records Section, only the Vital Records Section is empowered to
correct errors on a certificate. The local registrar or his/her deputized
agent shall be responsible for determining whether the record has been
officially registered by the Vital Records Section.
(c) In order to ensure that the county copy of the
certificate provides the same information as the original certificate filed in
the Vital Records Section, the local registrar or the State Registrar, whomever
makes the correction, shall file with the local register of deeds or local
health department, whichever maintains and certifies the records, a copy of the
certificate in its corrected form. Although the county copies of certificates
corrected in this manner shall not be marked "Amended," the words
"Corrected Certificate" shall be placed upon the face of the
corrected certificate along with a notation indicating the items or sections
corrected; the date of the correction; and the signature of the local
registrar, the local registrar's deputized agent, or the State Registrar as
appropriate.
(d) When a certificate has been corrected as provided in
this Rule and has been filed in the appropriate county office, that certificate
shall become the official county record. Only the official county record may
then be certified.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. January 1, 1992.
10A NCAC 41H .0902 MINOR CORRECTIONS
The following items may be corrected by the State Registrar
upon written application on forms provided by the State Registrar properly
dated, notarized, and signed by the registrant if of legal age, or one or both
of the parents or guardians of a minor child:
(1) any obvious clerical error,
(2) addresses,
(3) occupation,
(4) birth order,
(5) spelling of informant's name, and
(6) spelling of given names of child within four years
of birth.
Records corrected as above shall not be marked
"amended" but the notarized amendment application will be attached to
the back of the original certificate.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0903 CORRECTIONS REQUIRING PROOF
The following items may be corrected upon written request on
forms prescribed by the State Registrar properly notarized and signed by the
registrant if of legal age or by one or both parents or guardians of a minor
child provided that the request is supported by at least one piece of
documentary evidence:
(1) state of birth (deaths),
(2) birthplace of parents (births),
(3) county of birth,
(4) spelling of given names of child (births) after
four years of birth,
(5) spelling of father's or mother's name,
(6) age of parents,
(7) sex of child if incorrectly recorded,
(8) date of birth, and
(9) hour of birth.
For these corrections, except sex of child and hour of
birth, the certificates shall be marked "amended" as shall certified
copies subsequently issued. All available evidence including any which might
not have been submitted by the applicant shall be evaluated by the State
Registrar. The existence of inconsistent or conflicting evidence may be
considered cause for denying any request for correction in which case the
applicant shall be duly advised.
History Note: Authority G.S. 130A‑92(a)(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. February 1, 1994; July 1, 1992.
10A NCAC 41H .0904 ADDING NAMES
(a) If a birth certificate does not indicate a given name,
the State Registrar shall add the name when requested on a form prescribed by
the State Registrar, properly notarized and signed by the registrant if of
legal age or by one or both parents or guardians of a minor child. If a person
is over five years of age, the request must be supported by at least one piece
of documentary evidence. If a person is five years old or younger, the
documentary evidence shall be requested but shall not be required if medical or
school records have not been established.
(b) If a birth certificate does not indicate a surname, the
State Registrar shall add the surname on receipt of a request properly
notarized and signed by both parents or guardians if the child was born in
wedlock or by the mother or both guardians if born out of wedlock. If the
request is supported by documentary evidence, only one signature shall be
required. After the child has reached his sixth birthday, documentary evidence
of the established surname shall be required to add the surname.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. April 1, 1982.
10A NCAC 41H .0905 CORRECTING FALSIFIED BIRTH CERTIFICATES
(a) For cases in which the mother claims to have falsified
information for the birth certificate regarding her marital status or the name
of her husband, she shall be required to sign an affidavit to the effect that
the original information given at birth was false and provide appropriate proof
of the facts to be added to the record. The State Registrar reserves the right
to withhold issuance of copies of records known to be falsified (except to a
court or other official agency) until the necessary corrections have been made.
(b) If the mother alleges that she was not married at the
time of conception or birth the marital status shall be changed, information
regarding the father shall be lined through, and the child shall be given the
established surname.
(c) If the mother alleges that she had a different husband
from the one on the original birth certificate, and the whereabouts of the true
husband is unknown or he is dead, the name of the husband shall be lined
through and the child will be given the established surname, provided that the
mother shows proof of the marriage and proof that the child has been using the
surname to be added. The name of the alleged father may be added if his sworn
statement that he was married to the mother at the time of conception or birth
is furnished, and if no objection is raised by the man who was originally named
as the father.
(d) A copy of all such corrected records will be forwarded
to the register of deeds in the county of birth.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Amended Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990; April 1, 1982.
10A NCAC 41H .0906 AMENDED CAUSES OF DEATH
When the physician or medical examiner who signed the
original death certificate chooses to change or add information regarding the
cause of death, the information will be submitted on a form provided for that purpose
by the State Registrar. For medical examiner cases, the State Medical Examiner
or a member of his staff authorized by him, may sign and submit changes to the
cause of death using the same form. Upon receipt of the form, properly signed,
the State Registrar will mark the face of the certificate "cause
amended" and the date, and affix the form to the back of the original
death certificate. The State Registrar will send a photocopy of the amended
death certificate to the register of deeds in the county where death occurred.
Whenever a certified copy of an amended death certificate is
issued by the State Registrar, the copy will include the original certificate
and all amendments attached thereto.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0907 CORRECTIONS TO DELAYED BIRTH
CERTIFICATES
(a) Except for the year of birth, items on delayed birth
certificates may be corrected in accordance with the procedures described in
10A NCAC 41H .0901 to .0903. The year of birth cannot be changed on a delayed
birth certificate which was established from records submitted at the time of
filing.
(b) If the year of birth is disputed, the State Registrar
may cancel the original delayed birth certificate and file a new one based on
new evidence, all of which was established prior to the filing date of the
first delayed certificate. The applicant may be required to present such proof
directly to the State Registrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0908 PROCEDURES FOR HANDLING DUPLICATE
CERTIFICATES
(a) When two or more certificates for the same event are
detected before numbering, determination must be made as to which one is the
most complete and accurate. The register of deeds shall be notified as to
which one is not to be filed. If duplicates are identical, the one with the
earliest filing date will be retained.
(b) When duplicates are detected after the records are
numbered, one must be voided. A note shall be made on the certificate
indicating "Void," the date and reason for voiding, and the
certificate number of the record which supersedes it.
(c) For cases in which the record must be filed under a
different number, a blank certificate shall be placed where the certificate was
removed, and the following items shall be noted on the blank certificate;
registration district number, certificate number, name, the word
"Void," the date and reason for voiding, and the certificate number
of the record which supersedes it.
(d) A note shall be made on the back of any certificate
which supersedes another record referencing the certificate number of the
superseded record.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .0909 AMENDMENTS TO BIRTH CERTIFICATES
REQUIRING COURT ORDER
Unless otherwise provided by law or regulation, the
following amendments may be made on a birth certificate only upon receipt of an
order from a court of competent jurisdiction:
(1) change in the surname of the registrant,
(2) change in parentage.
History Note: Authority G.S. 130A‑92(7);
Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. November 1, 1978.
10A NCAC 41H .0910 VITAL RECORDS AMENDMENT PROCEDURES
(a) A representative of the State Registrar shall evaluate
the evidence submitted in support of any amendment of a vital record. He may
accept or reject the amendment. If the amendment is rejected, he shall advise
the applicant of the reasons for this action. The existence of inconsistent or
conflicting evidence may be considered cause for denying any request for
amendment.
(b) If a request to amend a record is rejected, the
applicant may request an opportunity to meet with the State Registrar to
present data in support of the requested amendment. The applicant may be
represented by legal counsel.
(c) Examples of documentary evidence which may be used to
support vital record amendment requests are: early school records, census
records, marriage certificates, birth certificates of family members, rolls of
federal or state recognized Indian tribes, baptismal records.
(d) The Head of the Vital Records Section after reviewing
all the evidence, both written and oral, presented on behalf of the applicant
to support a vital record amendment shall render a decision and shall inform
the applicant in writing of the decision and the reasons therefor within 45
days. If the decision rendered is not in favor of the applicant, the applicant
may request a hearing under the provisions of the North Carolina Administrative
Procedure Act.
History Note: Authority G.S. 130A‑92(7);
Eff. November 1, 1978;
Amended Eff. December 6, 1991; January 1, 1984.
SECTION .1000 ‑ NEW CERTIFICATES
10A NCAC 41H .1001 NEW CERTIFICATES OF BIRTHS FOLLOWING
ADOPTIONS
(a) When a new certificate of birth is prepared by the
State Registrar as prescribed in G.S. 48‑29, all copies of the original
certificate and all other information concerning the original certificate in
the possession of any register of deeds shall be forwarded to the State
Registrar, who shall file them in accordance with the provisions of G.S. 48‑29.
In the event such data have been computerized or otherwise automated, a paper
copy of the identifying data shall be prepared and sent to the State
Registrar. The automated data shall then be removed from the index or
otherwise rendered unusable in a manner approved by the State Registrar.
(b) The record pertaining to an adoption shall not be
sealed until after the adopting parents are furnished a full certified copy or
until they or their legal representatives are notified of the information
entered on the new certificate, so that errors can be identified or corrected
prior to the sealing of the file. After the file is sealed, corrections and
amendments shall be made in accordance with same rules which pertain to birth
records of non‑adopted persons, except that a copy of the adoption order
will be required to correct the name.
History Note: Authority G.S. 48‑29(c); 130A‑92(7);
130A‑118(e);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. May 1, 1991.
10A NCAC 41H .1002 NEW CERTIFICATES OF BIRTH FOLLOWING
LEGITIMATIONS
When a new certificate of birth is prepared by the State
Registrar as prescribed in G.S. 49‑13 and G.S. 130A‑118, the
register of deeds in the county where birth occurred shall send the original
birth certificate to the State Registrar for filing in the sealed file and
shall replace it with a copy of the new certificate prepared by the State
Registrar.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. October 1, 1984.
10A NCAC 41H .1003 ADOPTIONS AND LEGITIMATIONS: NEW DELAYED
CERTIFICATES
For persons whose births are filed on Delayed Certificate of
Birth forms who are adopted or legitimated, new Delayed Certificates of Birth
shall be prepared by the State Registrar in the same manner as prescribed for
regular birth certificates. When certified copies are issued, they shall be
typed on regular certified copy forms with the term "Delayed" added.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
10A NCAC 41H .1004 ACCESS TO ORIGINAL RECORDS
Sealed files of adoptions or legitimations shall be opened
by the State Registrar upon receipt of a court order or may be opened to verify
that the correct record has been placed in the file if there is reason to
suspect that the wrong record was placed in the sealed file.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977.
SECTION .1100 ‑ LEGITIMATIONS
10A NCAC 41H .1101 GENERAL
For all legitimations, a new birth certificate shall be
prepared. The new birth certificate may reflect a new surname when the
conditions of G.S. 130A‑118(c) have been met. The new birth certificate
shall reflect the mother's or father's surname unless otherwise directed by
court order. A copy shall be forwarded to the register of deeds of the county
of occurrence who shall return the original copy to the Vital Records Section.
All materials pertaining to the legitimation shall be placed in a sealed file.
History Note: Authority G.S. 49‑13; 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
10A NCAC 41H .1102 LEGITIMATION BY SUBSEQUENT MARRIAGE
(a) Paragraphs (b) through (h) of this Rule establish the
requirements for legitimations by subsequent marriage.
(b) If no name of the father is shown on the original
certificate, affidavits of the mother and father on a form provided by the
Vital Records Section, necessary information about the father and child, and
proof of marriage are required.
(c) If the father's name appears on the original birth
certificate and it is the man whom the mother married, only proof of marriage
is required.
(d) If the father died before signing an affidavit, court
determination of paternity or proof shall be required in lieu of the father's
affidavit. Such proof may be hospital records, medical records, tax records,
service records, or affidavits from close relatives of the father indicating
that the man was the reputed father of the child.
(e) If the birth certificate shows a father other than the
one the mother married, a court determination of paternity will be required.
(f) If the mother is legally married at the time of
conception or birth, but claims that another man is the father and she later
marries the natural father, a court determination of paternity shall be
required in addition to proof of marriage.
(g) If the parents of an illegitimate child marry after the
child reaches the age of six, additional proof of parentage shall be required
such as school or medical records showing the child has used the surname of the
father, hospital records or bills paid by the reputed father, or affidavits
from relatives of the reputed father.
(h) For legitimating a child under G.S. 49‑12 when
another man's name appears on the birth record, proof must be submitted showing
that the man named on the certificate is not the father of the child or a court
order shall be required to remove the name of one man in order to add the name
of another.
History Note: Authority G.S. 49‑13; 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
SECTION .1200 ‑ REMOVAL OF GRAVES
10A NCAC 41H .1201 REGISTRATION OF GRAVES REMOVED
(a) Removal of Graves Certificate. A Removal of Graves
Certificate provided by the State Registrar shall be used to permanently record
the facts pertaining to the relocation of graves.
(b) Preparation and Filing. The party effecting the
removal shall:
(1) complete the certificate form by typing or
writing plainly with black ink;
(2) list the name of each decedent if known;
otherwise, enter as much identifying information as may be reasonably
determined;
(3) use continuation sheets of the same format
as the list on the certificate to list additional names as necessary;
(4) file the certificate with maps and
continuation sheets attached with the register of deeds in the county of
disinterment and also in the counties of reinterment within 30 days after
completion of the reinterment; and
(5) pay the register of deeds a fee of one
dollar ($1.00) for each page or portion of a page recorded.
(c) Maps. The party effecting removal shall prepare a map
of both the disinterment and reinterment sites. The map must precisely
describe the disinterment and reinterment sites in such a manner that a layman
can easily identify the location of each site. The maps shall include county,
nearest city or town, public road or intersection of roads in the vicinity, and
any other information which would be helpful in locating the sites. The graves
must be noted and numbered. The names must be listed on the certificate by
number, which corresponds with the numbers on the map. The map shall be
prepared on the same size paper as the certificate whenever possible.
(d) Filing and Indexing. The register of deeds shall:
(1) place the certificate with attachments in a
loose leaf binder or other appropriate medium;
(2) cross index the certificates by name of
cemetery of disinterment and reinterment; This requirement does not preclude
additional cross indexing of the Removal of Graves Certificates by name of
decedent when known; provided, that such cross indexing shall be an option of
the register of deeds and imposes no extra charge to the party effecting
removal; and
(3) retain the certificates and attachments
permanently; In counties using microfilm for recording various documents such
as deeds and deeds of trust, these certificates may be processed as the other
records.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. September 1, 1990.
10A NCAC 41H .1202 FORMS
Source of Forms. The Removal of Graves Certificate may be
obtained from the local register of deeds office. Additional supplies of these
forms may be ordered from Vital Records Section.
History Note: Authority G.S. 130A‑92(7);
Eff. February 1, 1976;
Readopted Eff. November 15, 1977;
Amended Eff. January 1, 1992; September 1, 1990.
SECTION .1300 ‑ ACCESS TO RECORDS
10a ncac 41H .1301 INFORMATION NEEDED FOR LOCATING RECORDS
A person wishing to obtain a copy of a vital record or
obtain a copy therefrom shall be required to furnish at least the minimum
amount of information needed to locate the record. The following minimum
amount of information is required to locate a record:
(1) Births. Registrant's name, father's name (if born
in wedlock), mother's full maiden name, date of birth and place of birth;
(2) Deaths. Name of deceased, age, date of death and
place of death;
(3) Marriages. Name
of bride or groom, date of marriage and county where license was issued;
(4) Divorces. Name of plaintiff or defendant, date of
divorce and place of divorce.
History Note: Authority G.S. 130A‑92(a)(7);
Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Amended Eff. January 1, 1984;
Transferred and Recodified from 10 NCAC 7G .1301 Eff.
April 4, 1990;
Amended Eff. January 1, 2005; May 1, 1991.
10A NCAC 41H .1302 ISSUANCE OF CERTIFIED COPIES
The State Registrar shall require applicants for certified
copies of vital records to complete and sign an application form before issuing
such copies. Applicants may also be required to produce identification.
History Note: Authority G.S. 130A‑92(7);
Eff. October 1, 1977;
Readopted Eff. November 15, 1977;
Transferred and Recodified from 10 NCAC 7G .1303 Eff. April 4, 1990.
SECTION .1400 ‑ DIVORCE AND ANNULMENT
10A NCAC 41H .1401 RESERVED FOR FUTURE CODIFICATION
10A NCAC 41H .1402 REGISTRATION OF DIVORCES AND ANNULMENTS
(a) The report of divorce and annulment required by G.S.
130A‑111 shall be on the certificate of divorce and annulment form
furnished by the State Registrar. The certificate of divorce and annulment
shall contain as a minimum those items specified on the standard certificate of
divorce and annulment prepared by the federal agency responsible for national
vital statistics. No certificate of divorce and annulment shall be complete
and acceptable for filing that does not contain all information required on the
certificate or that does not contain an explanation for its omission.
(b) The certificate shall be completed by the Clerk of
Superior Court following the granting of a decree of absolute divorce or
annulment. The information necessary to prepare the report shall be furnished
to the clerk by the parties or their legal representatives. The original copy
of all certificates shall be forwarded to the State Registrar on or before the
15th of the month following the month in which the decree was granted. The
carbon copy may be retained by the Clerk of Superior Court for his record of
the action.
History Note: Authority G.S. 130A‑92; 130A‑111;
Eff. January 1, 1984;
Amended Eff. October 1, 1984.
