In addition to the words and terms defined in § 32.1-249 of the Code of Virginia, the following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the State Board of Health.

"Commissioner" means the State Health Commissioner.

"Department" means Virginia Department of Health.

"Immediate family" means a registrant registrant's mother, father (name must be shown on the certification), sibling, current spouse and adult children.

"Informant" means the person providing information to complete the filing of a vital record in order to document a vital event.

"Midwife" means a registered nurse who has met the additional requirements of education and examination for licensure as a nurse practitioner in the Commonwealth.

"Primary evidence" means valid first-hand documentation established before the registrant's 18th birthday, such as including school admission records, physician's records, immunization records, passport, federal census abstracts, baptismal records and insurance applications.

"Registrant" means the person whose personal information is primarily registered on a vital record and filed in the systems of vital records.

"Registrar" means the State Registrar of Vital Records or a county, city, deputy, or special registrar.

"Secondary evidence" means valid documentation established after the registrant's eighteenth birthday such as including marriage records, child's a birth certificate, school records, social security records, driver's records, work permit and employment records. Such evidence must be at least five years old.

The board has promulgated this chapter to facilitate the vital record registration activities and health statistical services in a manner to ensure the uniform and efficient administration of the system. Required certificates, reports, and forms shall be prescribed, where feasible, to include data collected nationally for the benefit of all citizens. The protection of individual data from casual perusal is essential to the validity of the program as well as a desirable shield of sensitive personal information while providing health statistics for the protection of society as a whole.

This chapter is administered by the board, the commissioner, and the State Registrar of Vital Records and Health Statistics.

The State Registrar shall carry out the provisions of Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia and the regulations of the board.

Except where specifically provided otherwise by statute, the provisions of the Virginia Administrative Process Act, which is codified as Chapter 1.1:1 of Title 9 of the Code of Virginia, shall govern the adoption, amendment, modification, and revision, of this chapter, and the conduct of all proceedings hereunder.

The board reserves the right to authorize any procedure for the enforcement of this chapter that is not inconsistent with the provisions set forth herein and the provisions of Chapter 7 of Title 32.1 of the Code of Virginia.

In accordance with A. Pursuant to § 32.1-258.1 of the Code of Virginia, a certificate of birth resulting in a stillbirth shall be issued upon request from the parent the State Registrar shall, upon the request of either individual listed as the parent on a report of fetal death in Virginia, issue a Certificate of Birth Resulting in Stillbirth for a an unintended, intrauterine fetal death death occurring after a gestational period of 20 weeks or more. gestation and payment of the appropriate fee for a vital record. This

B. The certificate shall contain the following information; name (optional), :

1. The registrant's name, if one is provided;

2. The mother's maiden name;

3. The father's name (if indicated), if indicated;

4. The date of event the fetal death; and

5. The hospital of occurrence or location the fetal death occurred.

When C. If no report of spontaneous fetal death is available to establish the event, documentation from the following sources is acceptable: the parent may provide documentation from the following sources to establish that an unintended, intrauterine fetal death after a gestational period of 20 weeks or more occurred.

1. The licensed physician or licensed nurse midwife who provided care to the mother; documentation from the

2. The medical record maintained at the hospital of occurrence, copy of the report of spontaneous fetal death or documentation from where the fetal death occurred; or

3. The funeral service director (if such services were provided). if funeral services were provided.

The record of marriage to be used shall be the Marriage Return and Certificate, Commonwealth of Virginia, and shall contain the following items: city or county of the court of issuance; court clerk's number; for the groom: full name, age, date and place of birth, social security number or control number issued by the Department of Motor Vehicles, race, marital status if previously married, number of marriage, education, usual residence, the names of parents; for the bride: full name, maiden name, age, date and place of birth, social security number or control number issued by the Department of Motor Vehicles, race, marital status if previously married, number of marriage, education, usual residence, and names of parents; signature of clerk of court and date of license; date and place of marriage; whether civil or religious ceremony; certification and signature of officiant indicating title, address, and year and court of qualification; date received by clerk of court from officiant; and state file number.

A. The VS3 form, Commonwealth of Virginia - Marriage Return, shall be used to record marriages that occur in the Commonwealth. The form shall be filled out in its entirety and shall include the following items:

1. City or county of the court issuing the marriage license;
2. Court clerk’s number;
3. Full names of the intended registrants, including maiden name, if any;
4. Age, date, and place of birth of the intended registrants;
5. Social security number or control number issued by the Department of Motor Vehicles for each intended registrant;
6. Marital status of the intended registrants, if previously married;
7. Number of marriage for each intended registrant;
8. Education of the intended registrants;
9. Usual residence of each intended registrant;
10. Names of the parents of each intended registrant;
11. Signature of the clerk of the court;
12. Date of marriage license;
13. Date and place of marriage;
14. Whether a civil or religious ceremony;
15. Certification and signature of officiant, indicating title, address, and year and court of qualification;
16. Date received by clerk of the court from officiant; and
17. State file number.

B. An officer issuing marriage licenses shall, on or before the tenth day of each calendar month, forward to the State Registrar each VS3 form, Commonwealth of Virginia - Marriage Return, filed with the officer during the preceding calendar month pursuant to § 32.1-267.

C. To request a certified copy of a Certificate of Marriage, an applicant shall fill out in its entirety, sign, and submit a VS6MD form, Commonwealth of Virginia - Application for Certification of a Marriage and/or Divorce Record, to the registrar.

The report of divorce or annulment to be used shall be the Report of Divorce or Annulment, Commonwealth of Virginia, and shall contain the following items: city or county of court of issuance; for the husband: full name, date and place of birth, social security number or control number issued by the Department of Motor Vehicles, education, number of marriage, usual residence; for the wife: full maiden name, date and place of birth, social security number or control number issued by the Department of Motor Vehicles, education, number of the marriage, usual residence; date and place of marriage; identity of plaintiff and to whom divorce granted; number and custody of children under 18 in this family; date of separation; date of divorce; legal grounds or cause of divorce; signature of attorney or petitioner; certification and signature of clerk of court indicating type of decree; court file number; date final order entered; and state file number.

A. The VS4 form, Commonwealth of Virginia - Report of Divorce or Annulment, shall be used to register a divorce or annulment in the Commonwealth. The form shall be filled out in its entirety and shall include the following items:

1. City or county of court of issuance;

2. Full names of the intended registrants, including maiden name, if any;

3. Date and place of birth of the intended registrants;

4. Social security number or control number issued by the Department of Motor Vehicles for each intended registrant;

5. Education of the intended registrants;

6. Number of marriage for each intended registrant;

7. Usual residence for each intended registrant;

8. Date and place of marriage;

9. Identity of plaintiff and to whom divorce granted;

10. Number and custody of children under 18 in this family;

11. Date of separation;

12. Date of divorce;

13. Legal grounds or cause of divorce;

14. Signature of attorney or petitioner;

15. Certification and signature of clerk of court indicating type of decree;

16. Court file number;

17. Date final order entered; and

18. State file number.

B. A clerk of court shall, on or before the tenth day of each calendar month, forward to the State Registrar the VS4 form, Commonwealth of Virginia - Report of Divorce or Annulment, for each final decree of divorce or annulment granted during the preceding calendar month pursuant to § 32.1-268.

C. To request a certified copy of a Certificate of Divorce or Annulment, an applicant shall fill out in its entirety, sign, and submit the VS6MD form, Commonwealth of Virginia - Application for Certification of a Marriage and/or Divorce Record, to the registrar.

Except as provided in subdivision 3 of 12VAC5-550-450, upon presentation of acceptable evidence (preoperative diagnosis, postoperative diagnosis and description of procedure) and a notarized affidavit from the physician performing the surgery, a new certificate of birth may be prepared by the State Registrar for a person born in this Commonwealth whose sex has been changed by surgical gender reassignment procedure. A certified copy of the court order changing the name of the registrant as well as designating the sex of the registrant must be in the possession of the State Registrar together with a request that a new certificate be prepared.

A. The State Registrar shall issue a new certificate of birth to a show a change of sex of the registrant upon request of a registrant or the registrant's legal representative and submission of a complete VS42 form, Form for Changing Sex Designation, which shall be completed by a health care provider from whom the registrant has received treatment stating that the registrant has undergone clinically appropriate treatment for gender transition.

B. The State Registrar shall also issue, upon request of a registrant or the registrant's legal representative requesting a change of sex pursuant to this section, a new certificate of birth to show a new name if the registrant or the registrant's legal representative submits (i) a certified copy of a court order changing the registrant's name and (ii) if requested by the State Registrar, other evidence necessary to verify the facts of the registrant's birth.

A. After 30 days from the date of filing, no change or alteration in any birth or death certificate on file with the State Registrar or on file in any city or county of this Commonwealth shall be made except upon application to the State Registrar.

1. To change or alter a birth certificate, such application shall be made by the reporting source, one of the parents, guardian, or legal representative of the child, or, if the person whose certificate is involved is 18 years of age or over, by the person himself.

2. To change or alter a death certificate, such application shall be made by the surviving spouse or the next of kin of the deceased, attending funeral service licensee, or other reporting source, such as hospital medical records.

3. Changes or alterations of the medical certification of cause of death may be requested only by the attending physician or by the medical examiner.

B. Within 30 days from the date of filing, A. The State Registrar may enter missing data or corrected information may be entered on a birth or death certificate . by the State Registrar or by the city or county registrar when the original record is in his possession. If the missing or corrected data is obtained at the initiative of the State Registrar within 30 calendar days from the date of filing, the State Registrar shall not consider the record to be amended.

1. Applications for changes or alterations may be made by persons outlined in subdivision A 1 or A 2 of this section.

2. Missing or corrected data may be obtained at the initiative of the city or county registrar by personal call, telephone, or query form from the reporting source responsible for filing the birth or death certificate. Data so obtained by the registrar shall not be deemed an amendment.

B. The following persons may request an amendment to a birth certificate by submitting an application to the State Registrar in the form of a written letter or the VS43 form, Birth Certificate Amendment Request Form:

1. If the registrant is younger than 18 years of age, the informant who filed the birth certificate, the registrant's parent, guardian, or legal representative, or

2. If the registrant is 18 years of age or older or has been emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1 of the Code of Virginia, the registrant or the registrant's legal representative.

C. Marriage and The State Registrar shall, upon receipt of an application pursuant to subsection B of this section, advise the person whether the amendment can be made administratively, subject to the evidence requirements of this chapter or if the amendment requires a court order.

D. The State Registrar may amend a record of marriage, divorce, or annulment records on file with the State Registrar may be amended only by upon notification from the clerk of court in which the original record is filed. Such The notification to the State Registrar shall indicate what which items have been amended on the original record and shall indicate that the State Registrar's copy should be amended accordingly. Evidence The court in which the original record is filed shall determine the evidence required for amending a record of marriage and, divorce, or annulment. records shall be determined by the court in which the original record is filed.

E. A person may request the State Registrar to amend a death certificate by submitting a correction affidavit and supporting documentary evidence testifying to the corrected information to be amended within 45 days of the filing of the death certificate. The State Registrar shall amend the death certificate to reflect the new information upon receipt of the correction affidavit and supporting documentary evidence.

F. Pursuant to § 32.1-269.1, if more than 45 calendar days have elapsed since the filing of a death certificate, the State Registrar, upon receipt of a correction affidavit testifying to the corrected information, shall amend the following information to reflect the new information and evidence:

1. The spelling of the name of the registrant, registrant's parent or spouse, or the informant;

2. The sex, age, race, date of birth, place of birth, citizenship, social security number, education, occupation or kind of business, military status, or date of death of the registrant;

3. The place of residence of the registrant, if located within Virginia; or

4. The name of the institution, county, city, town, street, or place where the death occurred.

G. Pursuant to § 32.1-269.1 of the Code of Virginia, to amend a death certificate more than 45 days after the filing of the death certificate, other than correction of the information listed in subdivisions F1 through F4 of this section, the registrant's surviving spouse or immediate family, attending funeral service licensee, or other reporting source may file a petition requesting an order to amend the death certificate, along with a sworn affidavit under oath that supports the request, with the circuit court of the county or city in which the registrant resided at the time of his death or the Circuit Court of the City of Richmond. Upon receipt of a certified copy of an order from the clerk of the circuit court, the State Registrar shall amend the death certificate in accordance with the order.

H. Only the provider who completed the registrant's medical certification pursuant to § 32.1-263 of the Code of Virginia may request a change or amendment to the medical certification of cause of death.

Every A. A person shall include a VS32 form, Commonwealth of Virginia - Affidavit for Correction of a Record, and documentary evidence pursuant to this section with an application for a correction or amendment of to amend a birth or death certificate shall be accompanied by appropriate documentary evidence as follows: .

1. Except as provided in subdivisions 2 and 3 of this section, name changes, other than minor corrections in spelling involving the given names or surname of a registrant, or the given names or surnames of the parents or of a spouse as listed on a certificate, shall require that a certified or attested copy of a court order changing the name be obtained.

a. In cases where the mother's married surname is listed instead of her maiden name, a correction can be made administratively with a correction affidavit and copy of her birth record.

b. In cases where the given name shown on a birth certificate was not used or known to the registrant and this fact can be proven by the registrant, the birth certificate can be amended administratively with primary evidence showing the name at birth and a correction affidavit.

2. Within one year of birth, the given names listed on a birth certificate may be changed by the affidavit of:

a. Both parents;

b. The mother in the case of a child born out of wedlock;

c. The father in the case of the death or incapacity of the mother;

d. The mother in the case of the death or incapacity of the father; or

e. The guardian or agency having legal custody of the registrant.

3. In cases of hermaphroditism or pseudo-hermaphroditism, given names of a registrant may be changed on a birth certificate by affidavit of the parents or guardian as listed in subdivision 2 of this section, or by affidavit of the registrant if 18 years of age or older. Additionally, a statement from a physician must be submitted which certified the birth record of the registrant contains an incorrect designation of sex because of congenital hermaphroditism, pseudo-hermaphroditism, or ambiguous genitalia which has since been medically clarified.

4. Except as otherwise provided in the Code of Virginia or this chapter, after one year from the date of birth, any change of name shall be made only by court order, and any second change of name within one year shall be made only by court order.

5. Within seven years after birth, given names may be added to a birth certificate where such information has been left blank by use of an affidavit only prepared by the parent, guardian, or legal representative of the child.

6. If the date of birth on a birth certificate is to be changed more than one year, a certified copy of a court order changing the date of birth shall be submitted. Evidence to be supplied to the court in support of such change should include a federal census transcript from the Bureau of the Census.

7. If the date of birth on a birth certificate is to be changed to one year or less from the date of birth, a federal census transcript from the Bureau of the Census shall be required as documentary evidence.

8. If a federal census transcript cannot be obtained, an affidavit shall be obtained which sets forth: the identity of the incorrect record, the incorrect data as it is listed, the correct data as it should be listed, and the documentary evidence supporting the facts. In addition to the affidavit, a document or certified or true copy of such document must be obtained which was written before the registrants' eighth birth date and will establish the identity of the certificate to be altered or corrected and will support the true and correct facts. Any item of a vital record which has been previously corrected may only be changed again by court order.

9. All documents, except the affidavit, shall be returned to the applicant after review.

B. To amend a death certificate pursuant to 12VAC5-550-440, an applicant shall submit to the State Registrar a certified copy of a court order obtained pursuant to § 32.1-269.1 or a correction affidavit and primary or secondary documentary evidence testifying to the amended information.

C. For purposes of this chapter, "secondary evidence" shall be at least five years old, except that evidence used to support an amendment to a death certificate may be less than five years old.

A. A The State Registrar shall record a new name authorized by court order shall be recorded by drawing a single line through the name appearing on the certificate record and inserting the new name above it or to the side of it the new name. In addition, there shall be inserted on the certificate the State Registrar shall insert on the record a statement that the name was changed by court order and the date and place of such the court order. The The State Registrar shall also insert the word "Amended" shall be written in the top margin of the certificate record. Certificates on which given names are added within seven years after birth or on which given names have been changed The State Registrar shall not consider a record as amended if the registrant's name is amended within one year of the vital event that was recorded, or if the name is amended at any time pursuant to subdivision 3 of 12VAC5-550-450 shall not be considered as amended.

B. In all other cases, corrections or alterations shall be made The State Registrar shall record amendments to other items by drawing a single line through the incorrect item, if listed, and by inserting the correct or missing data immediately above it or to the side of it, or by completing the blank item, as the case may be. In addition, there shall be inserted on the certificate the State Registrar shall insert a statement identifying the affidavit and documentary evidence used as proof of the correct facts amended information and the date the correction amendment was made. If the State Registrar receives the request to amend a record three months have elapsed from after the date of filing, the State Registrar shall insert the word "Amended" shall be written in the top margin of the certificate unless otherwise stated in this chapter.

A. The fee to be charged by the State Registrar or by the city or county registrar shall be $10 , except if otherwise directed in the Code of Virginia, charge a fee of $12 for each full certification or short form certification of a vital record, or for a search of the files or records when no copy is made.

B. When documents are amended or delayed birth registration is requested, the requester shall be charged an administrative fee of $10. The State Registrar shall charge a fee of $10 to amend a vital record or register a delayed birth registration.

Certificate of Live Birth, VS1 (eff. 1/93).

Certificate of Death, VS2 (eff. 1/89).

Certificate of Death (Medical Examiner's Certificate), VS2A (eff. 1/89).

Marriage Register, VS3 (eff. 1/90).

Report of Divorce or Annulment, VS4 (eff. 1/90).

Report of Spontaneous Fetal Death, VS5 (eff. 1/93).

Report of Induced Termination of Pregnancy, VS5A (eff. 1/90).

Application for Certification of a Vital Record, VS6 (eff. 7/02).

Out-of-State Transit Permit, VS10 (eff. 7/85).

Permit for Disinterment, Transit, and Reinterment, VS11 (eff. 7/85).

Delayed Certificate of Birth, VS12 (eff. 4/85).

Marriage Return, VS3 (eff. 10/19).

Report of Divorce or Annulment, VS4 (eff. 07/20).

Birth Record Application VS6B (eff. 07/2020).

Marriage-Divorce Record Application VS6MD (eff. 02/2020).

Death Record Application VS6D (eff. 07/2022).

Stillbirth Application VS6FD (eff. 07/2022).

Report of Adoption, VS21 (eff. 7/85).

Report of Adoption, VS21 (eff. 07/2012).

Acknowledgement of Paternity, VS22 (eff. 9/93).

Acknowledgement of Paternity, VS22 (eff. 07/2004).

Affidavit for Correction of a Record, VS32 (eff. 1/87).

Affidavit for Correction of a Record, VS32 (eff. 09/2005).

Hospital Monthly Vital Statistics Report, VS33 (eff. 7/89).

Funeral Director's Monthly Vital Statistics Report, VS33-A (eff. 3/90).

Court Order Establishing Record of Birth, VS40 (eff. 10/88).

Form for Changing Sex Designation, VS42 (eff. 07/2020).

Birth Certificate Amendment Request Form, VS43 (eff. 07/2021).