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Session Laws, 1995
Volume 793, Page 1451   View pdf image
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PARRIS N. GLENDENING, Governor                                  Ch. 97

(D) THE PLACE WHERE THE FETUS WAS FIRST REMOVED FROM THE CARRIER
OR THE FETUS WAS FOUND SHALL BE CONSIDERED THE PLACE OF FETAL DEATH.

4-214.

(a)     A certificate or record registered under this subtitle may be amended only in
accordance with this subtitle and any rules and regulations that the Secretary adopts to
protect the integrity and accuracy of vital records.

(b)     (1) If any certificate of birth, death, or fetal death is amended, the facts
shall be certified to the Secretary and entered [in red ink,] ON THE ORIGINAL
CERTIFICATE with the date of the amendment, over the signature or initials of a designee
of the Secretary AND WITH A LINE DRAWN THROUGH THE ORIGINAL DATA.

(2)      ALL AMENDMENTS MAY BE STORED ON ELECTRONIC MEDIA
APPROVED BY THE SECRETARY.

(3)      ALL COPIES OF CERTIFICATES THAT ARE AMENDED SHALL CONTAIN
A NOTATION THAT AN AMENDMENT HAS BEEN MADE.

(4)      A RECORD SHALL BE MAINTAINED WHICH IDENTIFIES THE
EVIDENCE UPON WHICH THE AMENDMENT WAS BASED, THE DATE OF THE
AMENDMENT, AND THE IDENTITY OF THE PERSON MAKING THE AMENDMENT.

(5)      UPON RECEIPT OF A CERTIFIED COPY OF AN ORDER OF A COURT OF
COMPETENT JURISDICTION INDICATING THE SEX OF AN INDIVIDUAL BORN IN THIS
STATE HAS BEEN CHANGED BY SURGICAL PROCEDURE AND WHETHER SUCH
INDIVIDUAL'S NAME HAS BEEN CHANGED, THE SECRETARY SHALL AMEND THE
CERTIFICATE OF BIRTH OF THE INDIVIDUAL AS PRESCRIBED BY REGULATION.

(6)      WHEN AN INFORMANT DOES NOT SUBMIT THE MINIMUM
DOCUMENTATION REQUIRED IN THE REGULATIONS FOR AMENDING A VITAL
RECORD OR WHEN THE SECRETARY HAS CAUSE TO QUESTION THE VALIDITY OR
ADEQUACY OF THE APPLICANT'S SWORN STATEMENTS OR THE DOCUMENTARY
EVIDENCE, AND IF THE DEFICIENCIES ARE NOT CORRECTED, THE SECRETARY
SHALL NOT AMEND THE VITAL RECORD AND SHALL ADVISE THE APPLICANT OF THE
REASON FOR THIS ACTION AND SHALL FURTHER ADVISE THE APPLICANT OF THE
RIGHT OF APPEAL TO THE OFFICE OF ADMINISTRATIVE HEARINGS.

(7)      ANY AMENDMENTS TO DEATH CERTIFICATES REQUESTED BEYOND
3 YEARS OR MORE AFTER THE DEATH SHALL REQUIRE A COURT ORDER.

(c)      (1) On receipt of a court order that changes the name of an individual who
was born in this State and on request of the individual or a parent, guardian, or legal
representative of the individual, the Secretary shall amend the certificate of birth to
reflect the new name.

(2) The Department may change the name on a birth certificate once
without a court order if, within 12 months after the birth, the Department receives from
both parents of a child:

(i) A written request for the change of name; and
- 1451 -

 

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Session Laws, 1995
Volume 793, Page 1451   View pdf image
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