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28	28	STATE OF OKLAHOMA
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30	30	1st Session of the 60th Legislature (2025)
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32	32	HOUSE BILL 1225 By: West (Kevin)
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38	38	AS INTRODUCED
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40	40	An Act relating to vital records; amending 63 O.S.
41	41	2021, Section 1-321, as amended by Section 4, Chapter
42	42	87, O.S.L. 2022 (63 O.S. S upp. 2024, Section 1 -321),
43	43	which relates to amendment of certificate or records;
44	44	prohibiting amendments to biological sex; and
45	45	providing an effective date .
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52	52	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
53	53	SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -321, as
54	54	amended by Section 4, Chapter 8 7, O.S.L. 2022 (63 O.S. Supp. 2024,
55	55	Section 1-321), is amended to read as follows:
56	56	Section 1-321. A. A certificate or record registered under
57	57	this article may be amended only i n accordance with this article and
58	58	regulations thereunder adopted by the State Commissioner of Health
59	59	to protect the integrity and accuracy of vital statistics records.
60	60	B. A certificate that is amended under this section shall be
61	61	marked "amended", except as provided in subsection D of this
62	62	section. The date of amendment and a summ ary description of the
63	63	evidence submitted in support of the amendment shall be endorsed on
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90	90	or made a part of the record. The Commissioner shall prescribe by
91	91	regulation the condi tions under which additions or minor corrections
92	92	shall be made to birth certificates within one (1) year after the
93	93	date of birth without the certificate being considered as amended.
94	94	C. Upon receipt of a certified copy of a court order, from a
95	95	court of competent jurisdiction, changing the name of a person born
96	96	in this state and upon request of such person or his or her parent,
97	97	guardian or legal representative, the State Commissioner of Health
98	98	shall amend the certificate of birth to reflect the new name.
99	99	D. When a child is born out of wedlock, the Commissioner shall
100	100	amend a certificate of birth to show paternity, if paternity is not
101	101	currently shown on the birth certificate, in the following
102	102	situations:
103	103	1. Upon request and receipt of a sworn acknowledgment o f
104	104	paternity of a child born out of wedlock signed by both parents;
105	105	2. Upon receipt of a certified copy of a court order
106	106	adjudicating paternity; or
107	107	3. Upon receipt of an electronic record from the Department of
108	108	Human Services indicating that an acknowledg ement of paternity has
109	109	been signed by both parents or a court order adjudicating paternity.
110	110	E. For a child born out of wedlock, the Commissioner shall also
111	111	change the surname of the child on the certificate:
112	112	1. To the specified surname upon receipt of ac knowledgment of
113	113	paternity signed by both parents, upon receipt of a certified copy
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140	140	of a court order directing such name be changed or upon receipt of
141	141	an electronic record from the Department of Human Services
142	142	indicating that an acknowledgement of paternity has been signed by
143	143	both parents or a court order directs such name change. Such
144	144	certificate amended pursuant to this subsection shall not be marked
145	145	"amended"; or
146	146	2. To the surname of the mother on the birth certificate in the
147	147	event the acknowledgment of paternity is rescinded.
148	148	F. The Commissioner shall have the power and duty to promulgate
149	149	rules for situations in which the State Registrar of Vital
150	150	Statistics receives false information regarding the identity of a
151	151	parent.
152	152	G. If within sixty (60) days of the initial issuance of a
153	153	certificate of death, a funeral director, or a person acting as
154	154	such, requests a correction to any portion of the death record
155	155	except the information relating to the medical certification
156	156	portion, due to a scrivener 's error, misspelling or other correction
157	157	of information, the Commissioner of Health, through the State
158	158	Registrar of Vital Statistics, shall amend the record, provided the
159	159	request is made in writing or through an electronic system and is
160	160	accompanied by documentation disc losing the correct information or
161	161	by a sworn statement of the funeral director. The funeral director,
162	162	or person acting as such, shall be responsible for any and all
163	163	amendment fees that may be imposed by the Commissioner of Health for
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190	190	the correction. Up t o ten certified copies containing the erroneous
191	191	original information may be ex changed for certified copies
192	192	containing the corrected information at no additional cost.
193	193	H. Beginning on the effective date of this act April 26, 2022,
194	194	the biological sex design ation on a certificate of birth amended
195	195	under this section shall be either male or female and shall not be
196	196	nonbinary or any symbol representing a nonbinary designation
197	197	including, but not limited to, the letter "X" denoted to a child at
198	198	birth on the certifi cate of birth shall not be amended .
199	199	SECTION 2. This act shall become effective November 1, 2025.
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201	201	60-1-10555 TJ 12/05/24

Oklahoma 2025 Regular Session

Oklahoma House Bill HB1225 Compare Versions