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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2922 By: Pittman
AS INTRODUCED
An Act relating to death certificates; 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; increasing time limit for correction of a
death certificate; 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 87, 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 in 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 ame ndment 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 Commissioner shall prescribe by
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regulation the conditions 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, fr om 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 of
paternity of a child born out of wedlock signed by both par ents;
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 t hat an acknowledgement 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 u pon receipt of acknowledgment of
paternity signed by both parents, upon receip t of a certified copy
of a court order directing such name be changed or upon receipt of
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an electronic record from the Department of Human Services
indicating that an acknowledge ment 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) one hundred eighty (180) 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 inform ation, 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 disclosing 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 Commis sioner
of Health for the correction. Up to ten certified copies containing
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the erroneous original information may be exchanged for certified
copies containing the corrected information at no additional cost.
H. Beginning on the effective date of this act , the biological
sex designation 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".
60-1-11318 TJ 12/12/24