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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1225 By: West (Kevin)
AS INTRODUCED
An Act relating to vital records; amending 63 O.S.
2021, Section 1-321, as amended by Section 4, Chapter
87, O.S.L. 2022 (63 O.S. S upp. 2024, Section 1 -321),
which relates to amendment of certificate or records;
prohibiting amendments to biological sex; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1 -321, as
amended by Section 4, Chapter 8 7, O.S.L. 2022 (63 O.S. Supp. 2024,
Section 1-321), is amended to read as follows:
Section 1-321. A. A certificate or record registered under
this article may be amended only i n accordance with this article and
regulations thereunder adopted by the State Commissioner of Health
to protect the integrity and accuracy of vital statistics records.
B. A certificate that is amended under this section shall be
marked "amended", except as provided in subsection D of this
section. The date of amendment and a summ ary description of the
evidence submitted in support of the amendment shall be endorsed on
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or made a part of the record. The Commissioner shall prescribe by
regulation the condi tions under which additions or minor corrections
shall be made to birth certificates within one (1) year after the
date of birth without the certificate being considered as amended.
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name of a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the State Commissioner of Health
shall amend the certificate of birth to reflect the new name.
D. When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
1. Upon request and receipt of a sworn acknowledgment o f
paternity of a child born out of wedlock signed by both parents;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledg ement of paternity has
been signed by both parents or a court order adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
1. To the specified surname upon receipt of ac knowledgment of
paternity signed by both parents, upon receipt of a certified copy
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of a court order directing such name be changed or upon receipt of
an electronic record from the Department of Human Services
indicating that an acknowledgement of paternity has been signed by
both parents or a court order directs such name change. Such
certificate amended pursuant to this subsection shall not be marked
"amended"; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the State Registrar of Vital
Statistics receives false information regarding the identity of a
parent.
G. If within sixty (60) days of the initial issuance of a
certificate of death, a funeral director, or a person acting as
such, requests a correction to any portion of the death record
except the information relating to the medical certification
portion, due to a scrivener 's error, misspelling or other correction
of information, the Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
request is made in writing or through an electronic system and is
accompanied by documentation disc losing the correct information or
by a sworn statement of the funeral director. The funeral director,
or person acting as such, shall be responsible for any and all
amendment fees that may be imposed by the Commissioner of Health for
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the correction. Up t o ten certified copies containing the erroneous
original information may be ex changed for certified copies
containing the corrected information at no additional cost.
H. Beginning on the effective date of this act April 26, 2022,
the biological sex design ation on a certificate of birth amended
under this section shall be either male or female and shall not be
nonbinary or any symbol representing a nonbinary designation
including, but not limited to, the letter "X" denoted to a child at
birth on the certifi cate of birth shall not be amended .
SECTION 2. This act shall become effective November 1, 2025.
60-1-10555 TJ 12/05/24