Article 1 - Amendment of a Record of Birth, Death or Marriage

California Health and Safety Code — §§ 103225-103265

Sections (10)

Amended by Stats. 2024, Ch. 853, Sec. 27. (AB 3281) Effective January 1, 2025.

Whenever the facts are not correctly stated in any certificate of birth, death, fetal death, or marriage already registered, the person asserting that the error exists may make an affidavit under oath stating the changes necessary to make the record correct, that shall be supported by the affidavit of one other credible person having knowledge of the facts, and file it with the state or local registrar. This includes, but is not limited to, the correction of typographical, spelling, or statistical errors in any of these facts.

§ 103227

Added by Stats. 2025, Ch. 662, Sec. 2. (AB 64) Effective January 1, 2026.

(a)(1) Beginning July 1, 2026, if a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person’s conservator, or if a minor, the person’s parent or guardian, may

make an affidavit under oath in accordance with Section 103225 stating the changes necessary to make the record correct. That affidavit shall be supported by the affidavit of one other person having knowledge of the facts and shall be filed with the State Registrar.

(2)The State Registrar shall review the request and, if the request is accompanied with the payment of the fee required by Section 103700, shall issue an amendment to any certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request.

(3)Amendments to add diacritical marks to birth, marriage, death, or fetal death certificates will be filed with and become part of the record.

(b)(1) If a name field of either of the parties married or their parents is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party to the confidential marriage asserting the omission may make an affidavit under oath in accordance with Section 103225 stating the changes necessary to make the record correct.

(2)A county clerk may charge a fee, not to exceed the amount of the fee for any other amended confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the amended confidential

marriage license and certificate.

(3)The county clerk shall review the amendment for acceptance for filing, and if accepted, shall file the amendment and note the fact of the amendment, with its date, on the otherwise unaltered original confidential marriage license and certificate.

§ 103230

Amended by Stats. 2024, Ch. 853, Sec. 28. (AB 3281) Effective January 1, 2025.

Section 103225 shall be applicable to certificates of birth only in the absence of conflicting information relative to the existence or nonexistence of a parent and child relationship, as this term is defined in subdivision (b) of Section 7601 of the Family Code, on the originally registered certificate of birth.

§ 103235

Amended by Stats. 2006, Ch. 816, Sec. 49. Effective January 1, 2007. Operative January 1, 2008, by Sec. 56 of Ch. 816.

If the amendment relates to a certificate or marriage license that has not been transmitted to the State Registrar, the local registrar shall review the amendment for acceptance for filing, and if accepted shall file the amendment and shall note the fact of the amendment, with its date, on the otherwise unaltered original certificate or marriage license.

§ 103240

Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.

If the amendment relates to a certificate that has been transmitted to the State Registrar, the amendment shall be transmitted to the State Registrar who shall review it for acceptance for filing.

§ 103245

Amended by Stats. 2018, Ch. 147, Sec. 5. (AB 2561) Effective January 1, 2019.

If the amendment is accepted, the State Registrar shall transmit copies of the amendment to the county recorder in whose offices copies of the original record and information are on file. The State Registrar shall also transmit copies of the amendment to that county’s local registrar only if the amendment is made within two years of the registration of the original record.

§ 103250

Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.

The State Registrar shall send a certified copy of the newly amended record of birth, death or marriage to the applicant without additional charge, except for those amendments that are filed within one year of the date of occurrence of the event.

§ 103255

Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.

The amendment shall be filed with and become a part of the record to which it pertains.

§ 103260

Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.

(a)A person born in this state whose birth is registered in this state, or the person’s conservator, or if a minor, the person’s parent or guardian, may submit a written request to the state registrar for a new birth certificate on the ground that his or her existing birth certificate contains a derogatory, demeaning, or colloquial racial descriptor. For purposes of this section, a derogatory, demeaning, or colloquial racial descriptor means any term that the registrant determines is insulting to a racial group.

(b)The State Registrar shall review the request, and if the request identifies the term that the registrant has determined is a derogatory, demeaning, or colloquial racial descriptor, identifies the accurate racial descriptor, and is accompanied with the payment of the fee required by Section 103700, then the State Registrar shall issue a new birth certificate with the accurate racial descriptor identified in the request and shall transmit copies of the new birth certificate to the following:

(1)The local registrar and county recorder in whose offices copies of the previously issued birth certificate are on file. Upon receipt of the new birth certificate, the local registrar and county recorder shall transmit any copies of the previously issued birth certificate to the State Registrar if it is practical for him or her to do so. If it is impractical for him or her to forward all the copies to the state registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the state registrar.

(2)The registrant.

(c)The new birth certificate shall supplant any previously issued birth certificate registered for the registrant and shall be the only birth certificate of the registrant open to public inspection. The request and previously issued birth certificate shall remain as part of the records of the State Registrar. All records and information referred to in this section, other than the newly issued birth certificate, shall be available only upon the written request of the registrant or an order of a court of competent jurisdiction.

§ 103265

Added by Stats. 2003, Ch. 307, Sec. 2. Effective January 1, 2004.

An amended certificate of death of an individual who is a peace officer pursuant to Section 830 of the Penal Code, who was killed in the line of duty, shall be processed immediately upon acceptance for filing and shall be issued by the State Registrar or local registrar no later than 10 business days following acceptance for filing.