reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.7

Current through June 25, 2024
Upon receipt of the service fee and the acceptance of the
						signed delayed certificate form, the State Registrar, or authorized
						representative, shall abstract onto the delayed certificate a description of
						each piece of documentary evidence submitted to support the facts shown on the
						certificate. This delayed certificate shall then be used to register the birth
						and the applicant shall be provided with one certified copy of the
						certificate.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.8

Current through June 25, 2024
After the birth is registered, all documentary evidence
						provided on behalf of the child shall be returned to the person making
						application for the child.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.9

Current through June 25, 2024
Delayed registration when the applicant is six (6) years
						of age or over For an individual six (6) years of age or over, the delayed
						certificate of birth shall be signed and sworn to before a notary public by two
						(2) individuals, selected in the following order of priority, who are competent
						to sign and swear to the accuracy of the facts stated therein:
1. The person whose birth is to be
					 registered, if that person is eighteen (18) years of age or older, or
2. One or both of the parents of the
					 applicant, or
3. The legal guardian
					 of the applicant, or
4. The next of
					 kin of the applicant, or
5. Any
					 adult having personal knowledge of the facts of birth.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.10

Current through June 25, 2024
The applicant must either show proof that a birth
						certificate is not on file or pay the fee for a search to determine that the
						record is not on file.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.11

Current through June 25, 2024
In addition, the applicant shall furnish the State
						Registrar at least two pieces of documentary evidence which corroborate the
						facts set forth on the delayed certificate. Each document must contain
						identification as to the type of document and a date of creation or filing
						which is five (5) years or more prior to the application. These documents must
						establish:
1. The full name of the
					 applicant at the time of birth;
2.
					 The date of birth and place of birth;
3. The full maiden name of the
					 mother;
4. The full name of the
					 father, compliance with Rule 3.3.2 in this subpart is required if the father's
					 name is to be listed. If the mother is married, a copy of the marriage license
					 must also be furnished.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.12

Current through June 25, 2024
The State Registrar shall examine the sworn statement and
						the documentary evidence and shall determine the acceptability of such evidence
						in establishing the facts of birth. If the State Registrar rejects the evidence
						offered as unsatisfactory, written notification of the rejection and the
						reasons for the rejection shall be provided to the applicant. Commensurate with
						the individual's age, the State Registrar may waive some of the five (5) years
						required on the evidence. If the State Registrar accepts the evidence offered,
						upon receipt of the service fee, the State Registrar, or designated
						representative, shall abstract on the delayed certificate of birth, a
						description of each document submitted to support the facts shown on the
						delayed birth certificate. This delayed certificate shall then be used to
						register the birth and the applicant shall be provided with one certified copy
						of the certificate.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.13

Current through June 25, 2024
After the birth is registered, all documentary evidence
						provided shall be returned to the applicant.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.14 - Closure of delayed birth files

Current through June 25, 2024
Any application for a delayed certificate not completed
						within one year from date of application may be dismissed at the discretion of
						the State Registrar. Upon dismissal, the State Registrar shall advise the
						applicant of his or her decision and all documents submitted in support of such
						registration shall be returned to the applicant. No refund of fees shall be
						made.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.15

Current through June 25, 2024
An applicant wishing to reopen a case must comply with
						all the requirements of Rule 3.8.1 or 3.8.9 above.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.16

Current through June 25, 2024
When an applicant does not submit the documentation
						required for delayed registration, or when the State Registrar has reasonable
						cause to question the validity or adequacy of the applicant's sworn statement
						or the documentary evidence, and if the deficiencies are not corrected, the
						State Registrar shall not register the delayed certificate. However, the
						applicant may file a petition for a delayed certificate of birth under the
						provisions of Section
						41-57-19 of the Mississippi Code
						of 1972, Annotated.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-19
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 8 - Delayed Registration of Birth by Affidavit › Rule 15-5-85-3.8.17

Current through June 25, 2024
When a delayed birth certificate is determined to be
						filed fraudulently, the entire fee shall be retained by the State Registrar,
						and the record and all documents pertaining to the record shall be turned over
						to the appropriate law enforcement agency for investigation and to the district
						attorney in the county of venue for prosecution.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-27
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 9 - Delayed Registration of Birth by Court Order › Rule 15-5-85-3.9.1

Current through June 25, 2024
There are cases where an applicant cannot provide
						sufficient documentation to support his application. In these cases, the
						applicant has recourse to the chancery courts of Mississippi. Upon receipt of
						the service fee and a certified copy of the court decree that mandates a
						delayed certificate to be filed, the State Registrar shall register the birth
						and issue one certified copy of the certificate to the
						applicant.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-19
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 10 - Adoption › Rule 15-5-85-3.10.1

Current through June 25, 2024
The laws of the state of Mississippi provide for the
						adoption of and for the issuance of new birth certificates to adopted
						individuals. The law, further, provides a method for the adoptee or the
						adoptive parents, in cases where the adoptee is a minor, to obtain
						non-identifying and identifying information concerning the birth parents, and
						for the birth parents to permit or prohibit contact by the adoptee or the
						adoptive parents.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21; Miss. Code Ann. §
												93-17-205; Miss. Code Ann. §
						9-17-207; Miss. Code Ann. §9317-213; Miss. Code Ann. §§
												93-17-215 thru
						221
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 11 - Adoption of Mississippi Born Children › Rule 15-5-85-3.11.1

Current through June 25, 2024
When a person with a Mississippi registered birth is
						adopted in this or any other state, a new birth certificate shall be prepared
						by the State Registrar and registered in accordance with Section
						93-17-21 of the Mississippi Code
						of 1972, Annotated. The State Registrar shall honor orders of courts of other
						states having appropriate jurisdiction over Mississippi born persons in matters
						of adoption.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 11 - Adoption of Mississippi Born Children › Rule 15-5-85-3.11.2

Current through June 25, 2024
For a new certificate to be prepared and issued, the
						following shall be furnished to the State Registrar immediately after
						adoption:
1. Certified copy of final
					 decree of adoption.
2. Report of
					 Adoption, a form prescribed and furnished by the State Registrar.
The report shall include such facts as are necessary to
						locate and identify the certificate of birth of the person adopted, provide
						information necessary to establish a new certificate of birth of the person
						adopted, identify the order of adoption and be certified by the clerk of the
						court. The Report of Adoption must be complete and meet the requirements of an
						acceptable record under Rule 1.9.3 of this subpart.
3. A report of the medical and social history
					 of the birth parents, including information regarding genetically inheritable
					 diseases or illnesses, and any similar information furnished by the birth
					 parents about the adoptee's grandparents, aunts, uncles, brothers and sisters.
					 The court may waive this requirement when one or more of the petitioners for
					 adoption is the natural mother or father of the adoptee, or the adoptee is an
					 adult.
4. The names, current
					 addresses and social security numbers of the adoptee's birth parents, guardian
					 and legal custodian and any other available information about the birth
					 parent's identity and location. The court may waive this requirement when one
					 or more of the petitioners for adoption is the natural mother or father of the
					 adoptee, or the adoptee is an adult.
5. The required service fee.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-205
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 11 - Adoption of Mississippi Born Children › Rule 15-5-85-3.11.3

Current through June 25, 2024
Upon receipt of these documents and the service fee, the
						State Registrar or designated representative, shall remove the original birth
						certificate from the active files and secure it with the documents required in
						Rule 3.11.2(1-4) of this subpart in a sealed file, prepare a new certificate,
						register the new birth record into the active files, and provide the adoptive
						parents with one certified copy of the new birth certificate.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21; Miss. Code Ann. §
												93-17-205
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 11 - Adoption of Mississippi Born Children › Rule 15-5-85-3.11.4

Current through June 25, 2024
Disclosure of non-identifying information from the sealed
						file shall be made only under the following conditions:
1. The person making the request has
					 sufficient proof of identity and is an adoptee eighteen (18) years of age or
					 older; an adoptive parent; the guardian or legal custodian of an adoptee; or
					 the offspring or blood sibling of an adoptee if the requester is eighteen (18)
					 years of age or older.
2. Payment
					 of the required service fee.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-207
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 11 - Adoption of Mississippi Born Children › Rule 15-5-85-3.11.5

Current through June 25, 2024
Disclosure of identifying information from the sealed
						file shall be made available only under the following conditions:
1. An affidavit is not on file expressly
					 prohibiting the release of any information about such birth parent's identity
					 and location, and prohibiting any licensed adoption agency from conducting a
					 search for such birth parent under the terms of the Mississippi Adoption
					 Confidentiality Act or a notice of contact with the birth parent for that
					 adoptee is not on file.
2. A
					 licensed adoption agency has requested the information while acting on behalf
					 of any person specified in
Miss. Code Ann.
§
											93-17-207 who requests
					 non-identifying medical, social or genetic background information and the
					 information is not on file and an affidavit prohibiting a search for the birth
					 parent has not been filed or a notice of contact with the birth parent for that
					 adoptee is not on file. In this case, only non-identifying information may be
					 furnished by the licensed adoption agency to the person so identified in
Miss. Code Ann
. §
											93-17-207.
3. A licensed adoption agency providing
					 post-adoption services has requested the information while acting on behalf of
					 any person twenty-one (21) years of age or over who has been adopted in this
					 state, providing however, that the birth parent has not executed an affidavit
					 prohibiting the release of such information or that a notice is not on file
					 that such birth parent has been contacted once and has refused to authorize the
					 release of confidential information.
4. Payment of the required service
					 fee.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann §
												93-17-207;
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 12 - Adoption of Foreign Born Children › Rule 15-5-85-3.12.1

Current through June 25, 2024
The Mississippi Code provides for the issuance of a
						Mississippi birth certificate upon the adoption of, by Mississippi residents,
						foreign-born children. See Section
						93-17-21, Mississippi Code of
						1972, Annotated.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 12 - Adoption of Foreign Born Children › Rule 15-5-85-3.12.2

Current through June 25, 2024
The birth of any child born in a foreign country and
						adopted in the state of Mississippi by a person or a couple, one of whom is or
						was at the time of adoption a bonafide resident of this state, may be
						registered in the manner described in Rule 3.11.1, with the exception that the
						place of birth shall be shown as the actual town, district and county of said
						child's birth.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 13 - Adoption of Persons Born in Another State › Rule 15-5-85-3.13.1

Current through June 25, 2024
The Board of Health cannot act on a birth certificate of
						another state, but any person adopting a child born in another state will be
						referred to the appropriate authority in that state as provided in Section
						93-17-21, Mississippi Code of
						1972, Annotated.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 14 - Adoption of Children with no Birth Certificate › Rule 15-5-85-3.14.1

Current through June 25, 2024
The State Registrar will prepare a birth certificate for
						an adopted individual who has no birth certificate on file or whose place of
						birth is unknown, upon receipt of a court order as provided for in Section
						93-17-21, Mississippi Code of
						1972, Annotated.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-19; Miss. Code Ann. §
												93-17-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 15 - Centralized Adoption Statistics › Rule 15-5-85-3.15.1

Current through June 25, 2024
With the assistance of the Administrative Office of
						Courts, the State Registrar shall compile and annually make available to the
						public for a reasonable fee, statistics about all adoptions finalized in the
						State. The statistics shall include the number of adoptions where the adopting
						parent is a blood relative and the number of adoptions where the adopting
						parent is not a blood relative to the adoptee. No individual identifying
						information shall be made available in these statistics.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-205
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.1

Current through June 25, 2024
Mississippi statutes authorize alteration of birth
						certificates only when the original birth facts are incorrectly recorded. An
						omission in this context is considered to be an error.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.2 - Amendment of obvious errors

Current through June 25, 2024
In the process of registering a birth, the State
						Registrar is charged with responsibility of ensuring, insofar as is
						administratively possible, the completeness of the record. To this end, during
						the first year after the date of birth, the State Registrar or designated
						representative will examine each certificate for obvious errors and make any
						necessary corrections. Obvious errors, include the transposition of letters in
						words of common knowledge, the provision of misinformation, and/or omissions of
						information. Correction of these errors may be made based on either telephone
						or written query to the facility of birth and/or mother as shown on the birth
						certificate. When amendments to obvious errors are made by the State Registrar,
						a notation as to the source of the information, together with the date the
						change was made and the initials of the authorized agent making the change,
						shall be made on the certificate in such a way so as not to become a part of
						any certification issued. The certificate is not to be considered nor marked as
						having been amended. Correction of obvious errors does not include, the
						placement of given names, adding or dropping a given name, nor, generally,
						spelling of the names.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.3 - Amendment by Affidavit

Current through June 25, 2024
Minor errors and omissions: Certificates which have
						missing information or the incorrect recording of the child's first name,
						middle name(s), sex, or date of birth by one (1) day may be amended by
						affidavit with proof of the facts. Omissions or incorrect recording of both or
						either parent's given name, place of birth, date of birth, or race may also be
						corrected by affidavit with proof of the facts. Affidavits must contain
						notarized signatures of two (2) reputable persons having personal knowledge of
						the facts (in the order of priority specified in Rule 3.8.1 of this subpart).
						Proof of the facts must be at least one piece of documentary evidence, showing
						the type of document and a date five (5) years or more prior to the request,
						which supports the item to be corrected. The documentary evidence must also
						contain sufficient identifying information that is consistent with the same
						type of information on the birth certificate. From the date of birth up to but
						not including the date three (3) calendar months after the date of birth,
						corrections in the placement of given names, adding or dropping a given name
						but not both, or corrections in the spelling of a given name where it does not
						change the pronunciation of the name may be made by affidavit without the proof
						requirement.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-21
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.4

Current through June 25, 2024
At the discretion of the State Registrar and commensurate
						with the age of the person named on the certificate, all or part of the
						requirements for documentary evidence may be waived. Conversely, should there
						be any question concerning the validity of the affidavit or documentary
						evidence, the State Registrar may require a Mississippi chancery court order
						prior to making the correction. Anyone giving false information in such
						affidavit shall be subjected to the penalties of perjury. Attempts to change a
						record though fraudulent means will result in no change to the record and all
						documents pertaining to the record will be turned over to the appropriate law
						enforcement agency for investigation.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-27
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.5 - More than one amendment to an item

Current through June 25, 2024
Once an amendment of an item is made on a birth
						certificate, that item shall not be amended again unless a court order is
						received from a court of competent jurisdiction within the state of
						Mississippi. Note: The witnessed statement giving a child a non-traditional
						surname, filed with the birth certificate by the facility of birth, is not
						considered an amendment to the name item.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 16 - Amendments to Birth Certificate › Rule 15-5-85-3.16.6 - Methods of amending certificates

Current through June 25, 2024
1. Certificates
					 shall be amended by eradication of the item to be amended and insertion of
					 correct data, except as provided in Rule 3.21.1. Original information contained
					 in the certificate shall be preserved for reference and placed on the
					 certificate in such a way so as not to become part of any certification. When
					 such amendments are made, a notation as to the source, date of amendment and
					 initials of the authorized agent shall be included on the
					 certificate.
2. Where the item was
					 left blank on the existing certificate, amendments shall be made by completing
					 the items, with a notation as to source, date of amendment and initials of the
					 authorized agent placed on the certificate in such a way so as not to become
					 part of any certification.
3.
					 Excepting only adoptions, the change authority and the date of change shall be
					 legible on any certified copy issued. The certificate shall contain an entry in
					 the margin amended by authority of Section
					 41-57-23(1) or
					 Section 93-17-1 of the Mississippi Code of
					 1972, Annotated. Where the change was based upon a rule, the Mississippi Board
					 of Health authority to make rules and regulations, Section
					 41-3-17 will be
					 referenced.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-3-17
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 17 - Legitimation by Marriage and Affidavit of Natural Parents › Rule 15-5-85-3.17.1

Current through June 25, 2024
1. The affidavit of the natural parents of an
					 illegitimate child, submitted with proof of marriage between the parties, shall
					 result in the addition of the father's name, race, age at time of birth or date
					 of birth, and state of birth to the child's birth certificate, and change the
					 child's surname to that of the father, provided that no father is listed on the
					 certificate on file. If another man is named as father on the birth
					 certificate, this name may only be changed pursuant to an order from a chancery
					 court, or the Chancellor in vacation of the county of residence of the
					 petitioner, or any chancery district of the state if the petitioner is a
					 nonresident. When the natural parents were married prior to the birth of the
					 child, but the father's information was not contained on the filed certificate,
					 the affidavit shall correct the omission of the father's information.
					 Signatories in this case cannot rescind the acknowledgement and any action to
					 remove the father shall be by Chancery court order.
2. When the natural parents marry after the
					 birth of the child, the affidavit amends the birth record by providing the
					 father's information and changing the surname of the child to that of the
					 father. In this case a signatory can rescind the acknowledgement in accordance
					 with Rule 3.18.2 of this subpart.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-1(2)
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 18 - Filiation or Paternity › Rule 15-5-85-3.18.1 - Acknowledgement of paternity by affidavit

Current through June 25, 2024
Acknowledgments of paternity by the natural father may be
						done by affidavit provided no father is listed on the birth certificate of the
						child. If a father is listed or the mother was married at conception or birth,
						or any time between conception and birth, a court order shall be required.
						Acknowledgement of Paternity affidavit must be signed by both the mother and
						natural father, contain a notary seal for both signatures, indicate the date
						signed, and be filed with the office of vital records. When an Acknowledgement
						of Paternity affidavit is filed the father's information shall be added to the
						birth certificate and the surname of the child shall be changed to that of the
						father.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-23; Miss. Code Ann. §
												93-9-9; Miss. Code Ann. §
												93-9-28
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 18 - Filiation or Paternity › Rule 15-5-85-3.18.2 - Rescission of acknowledgement of paternity

Current through June 25, 2024
A signatory may, in accordance with §
											41-57-23(3) and
						§
											93-9-9(4),
						rescind an Acknowledgement of Paternity affidavit by completing and filing with
						the office of vital records a Rescission of Acknowledgement of Paternity
						affidavit. The person signing a rescission affidavit must sign his or her name
						in the same manner as the signature on the Acknowledgement of Paternity
						affidavit. The signature must be notarized and the date signed must be within
						one year of the date of the signature on the Acknowledgement of Paternity filed
						with the office of vital records. After a rescission has been filed the
						father's information will be removed and surname of the child will be changed
						to the legal name of the mother at the time of birth, in accordance with Rule
						3.3.4 of this subpart.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-23; Miss. Code Ann. §
												93-9-9; Miss. Code Ann. §
												93-9-28
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 19 - Amendments by Court Order › Rule 15-5-85-3.19.1

Current through June 25, 2024
Proceedings brought under
Mississippi Code
						Annotated
§
											41-57-23 must be brought against
						the Board of Health. Any court action should be based upon the certificate on
						file with the Board of Health. The petition should set out the error to be
						corrected, and include any documentation or other evidence upon which the claim
						of an error is based. A certified copy of the subject certificate and any
						documentary support of the petition should be attached as exhibits. In the
						absence of any support for a claim, the Board of Health will base its answer on
						the prima facie facts on the birth certificate on file. Court proceedings
						brought under
Mississippi Code Annotated
§
											93-17-1 do not necessarily entitle
						a party to an amendment to a birth certificate, unless the Board of Health is a
						party to the proceedings.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-23; Miss. Code Ann. §
												93-17-1
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 20 - Amendment of a Delayed Registration Birth Certificate › Rule 15-5-85-3.20.1

Current through June 25, 2024
Amendments to delayed birth certificates shall be made
						only upon the receipt of an order of a court of competent
						jurisdiction.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 21 - Court Order Changes which are not Corrections to Birth Facts › Rule 15-5-85-3.21.1 - Change of name by court order

Current through June 25, 2024
A name change, which is not a correction to the birth
						facts shall, upon receipt of a certified court order and required fee, be added
						to the birth certificate as a marginal notation of the fact. The birth name
						shall not be eradicated and the name changed shall not be put in the birth name
						place. The face of the certificate shall be stamped to indicate the legal
						authority under which the name was changed and the date of the
						change.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												93-17-1
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 3 - Registration of Live Births › Subchapter 21 - Court Order Changes which are not Corrections to Birth Facts › Rule 15-5-85-3.21.2 - Change of sex by court order

Current through June 25, 2024
Sex reassignment shall be added to the birth certificate
						as a marginal notation, upon receipt of a certified court order, a medical
						statement that attests to the reassignment, and the required
						fee.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 1 - Deaths › Rule 15-5-85-4.1.1

Current through June 25, 2024
Mississippi statutes applicable to the determination and
						registration of deaths are §
											41-36-3, §
											41-57-1, and §
											41-57-7. A determination of death
						must be made in accordance with accepted medical standards.
Miss. Code
						Ann. §
												41-36-3; Miss. Code Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 1 - Deaths › Rule 15-5-85-4.1.2 - Registration of deaths

Current through June 25, 2024
A certificate for every death which occurs in this state
						shall be filed with the Office of Vital Records of the Department of Health
						within five days after such death occurs and shall be registered if it has been
						completed and filed in accordance with this rule. If unknown, the place of
						death is assumed to be that where the body is found. If the date of death is
						unknown, it shall be determined by approximation.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 1 - Deaths › Rule 15-5-85-4.1.3 - Removal of dead body

Current through June 25, 2024
The hospital, nursing home, funeral director, other
						institution or individual who first assumes custody of a dead body shall
						immediately ascertain the identity of the person who will certify the death
						(See Rule 4.2.1 ). The body shall not be removed until such person has been
						notified and he has indicated he will certify the cause of
						death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 2 - Who Shall Certify › Rule 15-5-85-4.2.1 - Certification of death

Current through June 25, 2024
1. The physician in
					 charge of the decedent's care shall certify to the cause of death if death does
					 not affect the public interest.
2.
					 The medical examiner shall certify cause in deaths affecting the public
					 interest. A death affecting the public interest is defined by Sections
					 41-61-53(e) and
					 41-6159 of the Mississippi Code of 1972, Annotated.
3. Where an attending physician refuses to
					 sign a certificate of death, or in case of any death affecting the public
					 interest, the State Medical Examiner or properly qualified designee shall sign
					 the death certificate
4. In any
					 case where doubt exists as to who shall certify, the medical examiner shall
					 certify the death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-61-53(e);
						Miss. Code Ann. §
												41-61-59; Miss. Code Ann. §
												41-61-63
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 3 - Deaths of Females Between Ages Ten (10) and Sixty (60) › Rule 15-5-85-4.3.1

Current through June 25, 2024
The certifier of cause of death of a female between the
						ages of ten (10) and sixty (60) will specify, by checking the appropriate box
						on the death certificate, whether or not the female was or had been pregnant
						within 90 days of the date of death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-57-13(4)
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.1 - Death in an institution

Current through June 25, 2024
When death occurs in a hospital or nursing home and is
						not a death that affects the public interest, the person in charge of that
						institution, or his designated representative, shall initiate the preparation
						of the death certificate by completing the following items:
1. Name of deceased
2. Hour and date of death
3. Place of death (hospital, institution, or
					 physical location)
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.2

Current through June 25, 2024
The institution shall obtain the certification of cause
						of death and forward the certificate to the funeral director and medical
						certifier within 48 hours of death. In the event that the cause of death
						determination is awaiting laboratory or autopsy results, the certifier shall
						indicate such in the cause of death section and sign the record. Once the
						determination of the cause of death is made, the record shall be amended by
						completing and submitting the form Statement to Amend Cause of
						Death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.3

Current through June 25, 2024
If the death affects the public interest (See §
											41-61-59) the medical examiner
						shall complete his portion of the death certificate and forward the certificate
						to the funeral director within forty-eight (48) hours of assuming jurisdiction
						over a death. In the event that the cause of death determination is awaiting
						laboratory or autopsy results, the medical examiner shall indicate such in the
						cause of death section and sign the record. Once the determination of the cause
						of death is made, the record shall be amended by completing and submitting the
						form Statement to Amend Cause of Death. The medical examiner's portion of the
						death certificate is:
1. Name of
					 deceased
2. Hour and date of
					 death
3. Place of death (hospital,
					 institution, or physical location)
4. Certifier's signature
5. Cause and details of death
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-61-59
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.4

Current through June 25, 2024
In those cases where no funeral director is involved,
						the hospital or the medical examiner shall be responsible for completion and
						filing of the entire death certificate within five days of
						death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.5 - Death at place other than an institution

Current through June 25, 2024
1. When death
					 occurs at a place other than an institution and the death does not affect the
					 public interest (See §
											41-61-59), the funeral director or
					 person acting as such who first assumes custody of the body shall initiate
					 preparation of the certificate and forward same to the medical certifier within
					 forty-eight (48) hours of death. If the death affects the public interest the
					 medical examiner shall initiate the death certificate and forward it to the
					 funeral director within forty-eight (48) hours of death.
2. In those cases where no funeral director
					 is involved, the hospital or the medical examiner shall be responsible for
					 completion and filing of the entire death certificate within five days of
					 death.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7; Miss. Code Ann. §
												41-61-59
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 5 - Office of Health Informatics › Subpart 85 - Public Health Statistics › Chapter 4 - Registration of Deaths › Subchapter 4 - Place of Death › Rule 15-5-85-4.4.6 - Death on a moving conveyance

Current through June 25, 2024
When death occurs on a moving conveyance within the
						United States and the body is first removed from the conveyance in this state,
						the death shall be registered in the state, and the place where it is first
						removed shall be considered the place of death. When a death occurs on a moving
						conveyance while in international waters or airspace, or in a foreign country,
						and the body is first removed from the conveyance in this state, the death
						shall be registered in this state but the certificate shall show the actual
						place of death insofar as can be determined. If the death affects the public
						interest, the medical examiner of the county in which the conveyance stops and
						death is pronounced shall be notified promptly by any person having knowledge
						or suspicion of such a death. All other registration procedures as provided in
						these regulations shall apply.
Miss. Code
						Ann. §
												41-57-1; Miss. Code Ann. §
												41-57-7