A. A certificate or report registered under the Vital Statistics Act may be amended only in accordance with that act and regulations adopted by the department pursuant to that act to protect the integrity and accuracy of vital records and health statistics.

B. Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of the person or the person's parent, guardian or legal representative, the state registrar shall amend the original certificate of birth to reflect the new name.

C. Upon request and receipt of an acknowledgment of paternity signed under penalty of perjury by both parents of a child born to an unmarried mother or, in the case of a married mother, upon receipt of an acknowledgment of paternity signed under penalty of perjury by the mother and the non-husband and of a denial of paternity signed under penalty of perjury by the husband, the state registrar shall amend a certificate of birth to show the paternity if paternity is not shown on the birth certificate. The certificate of birth shall not be marked "amended".

D. Upon receipt of a statement signed under penalty of perjury by an individual born in this state, or the individual's parent, guardian or legal representative, indicating the gender identity of the individual, together with a certified copy of an order changing the name of the individual, if applicable, the certificate of birth of the individual shall be reissued to reflect a designation of male, female or X, as prescribed by regulation. The certificate of birth shall not be marked "amended" pursuant to Subsection F of this section.

E. When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's statements or statements made under penalty of perjury or the documentary evidence and if the deficiencies are not corrected, the state registrar shall not amend the vital records and shall advise the applicant of the reason for this action.

F. A certificate or report that is amended under this section shall be marked "amended", except as otherwise provided in Subsections C and D of this section. The date of the amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions under which additions or minor corrections may be made to certificates or records within one year after the date of the event without the certificate or record being marked "amended".

G. For the purposes of this section, "X" refers to a gender other than male or female or an, undesignated gender.

History: 1953 Comp., § 12-4-45, enacted by Laws 1961, ch. 44, § 23; 1981, ch. 309, § 19; 2009, ch. 215, § 17; 2019, ch. 89, § 1.

Cross references. — For issuance of new birth certificates following adoptions, legitimations and paternity determinations, see 24-14-17 NMSA 1978.

The 2019 amendment, effective June 14, 2019, provided for amendment of sex designation on vital records; in Subsection D, deleted "the person in charge of an institution or from the attending physician" and added "an individual born in this state, or the individual's parent, guardian or legal representative", after "indicating the", deleted "sex of an" and added "gender identity of the", deleted "born in this state has been changed by surgical procedure", after "changing the name of the", deleted "person" and added "individual, if applicable", after "the individual shall be", deleted "amended" and added "reissued to reflect a designation of male, female or X", and added "The certificate of birth shall not be marked "amended" pursuant to Subsection F of this section."; in Subsection F, changed "Subsection C" to "Subsections C and D; and added Subsection G.

The 2009 amendment, effective January 1, 2010, in Subsection C, after "acknowledgment of paternity", added "signed under penalty of perjury by both parents"; after "of a child born" deleted "out of wedlock signed by both parents" and added "to an unmarried mother"; between "in the case of a married mother" and "the state registrar", deleted "as provided for in Subsection F of Section 24-14-13 NMSA 1978" and added the new language; in Subsection D, after "Upon receipt of a", deleted "duly notarized" and after "statement", added "signed under penalty of perjury by"; in Subsection E, after "adequacy of the applicant's", deleted "sworn" and after "statements", added "or statements made under penalty of perjury"; and in Subsection F, after "as otherwise provided in", added "Subsection C of".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 C.J.S. Records § 21 et seq.