193.215. Amendment of certificates and reports--acknowledgment of paternity affidavit, notice to be given parents--rescission of acknowledgment, filing--paternity establishment services offered by dep

MISSOURI STATUTES AND CODES

193.215. Amendment of certificates and reports--acknowledgment of paternity affidavit, notice to be given parents--rescission of acknowledgment, filing--paternity establishment services offered by dep

Amendment of certificates and reports--acknowledgment of paternityaffidavit, notice to be given parents--rescission of acknowledgment,filing--paternity establishment services offered by department.

193.215. 1. A certificate or report registered pursuant to sections193.005 to 193.325 may be amended only pursuant to the provisions ofsections 193.005 to 193.325, and regulations adopted by the department.

2. A certificate or report that is amended pursuant to this sectionshall be marked "Amended" except as otherwise provided in this section.The date of amendment and a summary description of the evidence submittedin support of the amendment shall be endorsed on or made part of therecord.

3. Upon receipt of a certified copy of an order of a court ofcompetent jurisdiction changing the name of a person born in this state andupon request of such person or such person's parents, guardian, or legalrepresentative, the state registrar shall amend the certificate of birth toshow the new name. The court order shall include such facts as arenecessary to locate and identify the certificate of birth of the personwhose name is being changed.

4. When an applicant does not submit the minimum documentationrequired in the regulations for amending a vital record or when the stateregistrar has reasonable cause to question the validity or adequacy of theapplicant's sworn statements or the documentary evidence, and if thedeficiencies are not corrected, the state registrar shall not amend thevital record and shall advise the applicant of the reason for this actionand the applicant's right of appeal to a court of competent jurisdiction.

5. When a certificate or report is amended pursuant to this section,the state registrar shall report the amendment to any other custodians ofthe vital record and their record shall be amended accordingly.

6. Upon written request of both parents and receipt of a swornacknowledgment of paternity notarized and signed by both parents of a childborn out of wedlock, the state registrar shall amend the certificate ofbirth to show such paternity. The acknowledgment affidavit form shall bedeveloped by the state registrar and shall include the minimum requirementsprescribed by the secretary of the Department of Health and Human Servicespursuant to 42 U.S.C. Section 652(a)(7). The acknowledgment form shallinclude provisions to allow the parents to change the surname of the childand such surname shall be changed on the birth record if the parents electto change the child's surname. The signature of the parents shall benotarized or the signature shall be witnessed by at least two disinterestedadults whose signatures and addresses shall be plainly written thereon.The form shall be accompanied by oral notice, which may be provided throughthe use of video or audio equipment, and written notice to the mother andputative father of:

(1) The alternatives to, the legal consequences of, and the rightsand responsibilities that arise from signing the acknowledgment;

(2) The benefits of having the child's paternity established; and

(3) The availability of paternity establishment and child supportenforcement services.

A rescission of acknowledgment form shall be filed with the bureau of vitalrecords pursuant to section 210.823, RSMo, to vacate the legal finding ofpaternity. The bureau shall file all rescissions and forward a copy ofeach to the division of child support enforcement. The birth record shallonly be changed pursuant to this subsection upon an order of the court orthe division of child support enforcement.

7. The department shall offer voluntary paternity establishmentservices.

8. Upon receipt of a certified copy of an order of a court ofcompetent jurisdiction changing the name of a person born in this state andupon request of such person or such person's parents, guardian or legalrepresentative, the state registrar shall amend the certificate of birth toshow the new name.

9. Upon receipt of a certified copy of an order of a court ofcompetent jurisdiction indicating the sex of an individual born in thisstate has been changed by surgical procedure and that such individual'sname has been changed, the certificate of birth of such individual shall beamended.