                                 CODE OF VIRGINIA

AMENDING DEATH CERTIFICATES; CHANGE AND CORRECTION OF DEMOGRAPHIC INFORMATION BY
AFFIDAVIT OR COURT ORDER (§ 32.1-269.1)

A. Notwithstanding &#xA7; 32.1-276, a death certificate registered under this
chapter may be amended only in accordance with this section and such regulations
as may be adopted by the Board to protect the integrity and accuracy of such
death certificate. Such regulations shall specify the minimum evidence required
for a change in any such death certificate.

B. A death certificate that is amended under this section shall be marked
&#8220;amended,&#8221; and the date of amendment and a summary description of
the evidence submitted in support of the amendment shall be endorsed on or made
a part of the death certificate. The Board shall prescribe by regulation the
conditions under which omissions or errors on death certificates may be
corrected.

C. The State Registrar, upon receipt of an affidavit and supporting evidence
testifying to corrected information on a death certificate within 45 days of the
filing of a death certificate, shall amend such death certificate to reflect the
new information and evidence.

D. The State Registrar, upon receipt of an affidavit and supporting evidence
testifying to corrected information on a death certificate more than 45 days
after the filing of a death certificate, including the correct spelling of the
name of the deceased, the deceased&#8217;s parent or spouse, or the informant;
the sex, age, race, date of birth, place of birth, citizenship, social security
number, education, occupation or kind or type of business, military status, or
date of death of the deceased; the place of residence of the deceased, if
located within the Commonwealth; the name of the institution; the county, city,
or town where the death occurred; or the street or place where the death
occurred, shall amend such death certificate to reflect the new information and
evidence.

E. For death certificate amendments received more than 45 days after the filing
of a death certificate, other than the correction of information by the State
Registrar pursuant to subsection D, the surviving spouse or immediate family, as
defined by the regulations of the Board, of the deceased; attending funeral
service licensee; or other reporting source may file a petition with the circuit
court of the county or city in which the decedent resided as of the date of his
death, or the Circuit Court of the City of Richmond, requesting an order to
amend a death certificate, along with an affidavit sworn to under oath that
supports such request. A copy of the petition shall be served upon (i) the State
Registrar pursuant to Chapter 8 (&#xA7; 8.01-285 et seq.) of Title 8.01 and (ii)
any person listed as an informant on the death certificate, unless such person
provides an affidavit in support of such petition. The clerk shall submit such
petition and any evidence received with the petition to the judge for entry of
an order without the necessity of a hearing, unless the judge decides a hearing
is necessary. The clerk shall transmit a certified copy of the court&#8217;s
order to the State Registrar, who shall amend such death certificate in
accordance with the order. The matters for which a petition may be filed include
changing the name of the deceased, the deceased&#8217;s parent or spouse, or the
informant; the marital status of the deceased; or the place of residence of the
deceased, when the place of residence is outside the Commonwealth.

F. When an applicant, as defined by the regulations of the Board, does not
submit the minimum documentation required by regulation to amend a death
certificate or when the State Registrar finds reason to question the validity or
sufficiency of the evidence, the death certificate shall not be amended and the
State Registrar shall so advise the applicant. An aggrieved applicant may
petition the circuit court of the county or city in which he resides, or the
Circuit Court of the City of Richmond, for an order compelling the State
Registrar to amend the death certificate; an aggrieved applicant who is
currently residing out of state may petition any circuit court in the
Commonwealth for such an order. A copy of the petition shall be served upon (i)
the State Registrar pursuant to Chapter 8 (&#xA7; 8.01-285 et seq.) of Title
8.01 and (ii) any person listed as an informant on the death certificate, unless
such person provides an affidavit in support of such petition. The clerk shall
submit such petition and any evidence received with the petition to the judge
for entry of an order without the necessity of a hearing, unless the judge
decides a hearing is necessary. The State Registrar or his authorized
representative may appear and testify in such proceeding. The clerk shall
transmit a certified copy of the court&#8217;s order to the State Registrar, who
shall amend such death certificate in accordance with the order.

HISTORY: 2016, c. 496; 2017, cc. 284, 285; 2022, cc. 116, 117.