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:

"Administrative" means a non-judicial process by which information registered on a vital record can be added, removed, or changed.

"Affiant" means a person who swears to and signs an affidavit.

"Amendment" means a change to information registered on a vital record which was not registered or omitted in error.

"Applicant" means the person submitting a form with a registrar to file a vital record or to obtain a permit or authorization, or a person submitting a form to a registrar or the Department of Motor Vehicles to obtain a copy of a vital record.

"Attendant" means a physician or other person in attendance (i) at a birth; (ii) at or after the delivery of a dead fetus; (iii) at an abortion; or (iv) the Chief Medical Examiner pursuant to §32.1-263 and 32.1-264 of the Code of Virginia.

"Board" means the State Board of Health.

"Commissioner" means the State Health Commissioner.

"Certificate" means a form registered with the Department to establish a vital record documenting a birth, death, stillbirth, marriage, divorce, or annulment occurring in the Commonwealth.

"Commonwealth" means the Commonwealth of Virginia.

"Correction" means a change to information registered on a vital record to fix errors or omissions.

"Dead body" means a human body, or such parts of the human body, as provided for in Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia from the condition of which it reasonably may be concluded that death occurred.

"Delayed birth filing" means the process of registering a non-recorded birth after one year from the date of birth.

"Delayed Certificate of Birth" means a vital record documenting a previously non-recorded birth after one year from the date of birth.

"Department" means Virginia Department of Health.

"File" means the presentation of a vital record as provided for in Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia for registration by the Department.

"Form" means a document furnished by the State Registrar that is filled out by an individual with the intent to (i) document a vital event, (ii) obtain a copy of a vital record, (iii) request a correction or amendment to a vital record, (iv) submit information or evidence to a registrar, or (v) obtain a permit or authorization from a registrar.

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

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

"Intended registrant" means the person whose personal information is primarily entered onto a form or electronic media approved by the State Registrar for the purpose of creating a vital record.

"Late birth filing" means the submission of documents to the department to register a non-recorded birth after the statutory time prescribed for filing, but within one year from the date of birth.

"Legal representative" means an attorney licensed to practice law in Virginia; a funeral director or funeral services licensee licensed to practice by the Board of Funeral Directors and Embalmers and who is in charge of the final disposition of a dead human body; a person with power of attorney for the affairs of a registrant; an attending physician, in the case of birth records; a federal, state, or local government agency acting on behalf of the registrant or the registrant's family; an insurance company insuring the registrant, in the case of death records; a court appointed guardian; or a court appointed administrator, for the purposes of obtaining vital record information and certificates.

"Maiden name" means a person's last name at birth or adoption that is established prior to the marriage of the person who takes the last name of their spouse.

"Medical certifier" means (i) the physician or autonomous nurse practitioner in charge of a deceased intended registrant's care for the illness or condition that resulted in death; (ii) the physician or autonomous nurse practitioner who pronounced death pursuant to §§ 32.1-263 or 54.1-2972 of the Code of Virginia; (iii) the person authorized to complete the medical certification of the cause of death in the absence of or with the approval of the physician or autonomous nurse practitioner pursuant to subsection C of § 32.1-263 of the Code of Virginia; (iv) if the death occurred while under the care of a hospice provider, the intended registrant’s health care provider; (v) a medical examiner or the physician who last furnished medical care to a deceased intended registrant pursuant to § 32.1-263 and §§ 32.1-283 or 32.1-285.1 of the Code of Virginia; (vi) a deceased intended registrant's healthcare provider pursuant to § 32.1-263 of the Code of Virginia; or (vii) for fetal deaths, the physician in attendance at or after delivery or abortion or the Chief Medical Examiner pursuant to §§ 32.1-264 and 32.1-285.1 of the Code of Virginia.

"Medical certification of the cause of death" means the entry by a physician, medical examiner, or other person authorized under § 32.1-263 of the Code of Virginia, of a definite medical diagnosis of the underlying cause of death and related conditions following the instructions on the form used to file a Certificate of Death.

"Midwife" means a registered nurse who has met the additional requirements of education and examination for licensure as a nurse practitioner in the Commonwealth. an individual providing primary maternity care who is either a certified nurse midwife as provided for in § 54.1-2957 of the Code of Virginia or a licensed midwife as provided for in § 54.1-2957.8 of the Code of Virginia.

"Primary evidence" means valid first-hand documentation established before the registrant's 18th eighteenth 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 and filed in the systems of on a vital records. record.

"Registration" means the acceptance by the Department and the incorporation of vital records as provided for in Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia into its official records.

"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.

"True copy" means a copy of an original document that is unaltered in format or content from the document's original form, and is authenticated by an official authorized to administer oaths or by the agency which issued the original document.

"Vital record" means a certificate or report of birth, death, fetal death, adoption, marriage, divorce or annulment, and related amendment data as provided for in Chapter 7 (§ 32.1-249 et seq.) of Title 32.1 of the Code of Virginia.

The State Registrar shall prepare, print, and supply all blanks and forms to be used in registering, recording, and preserving data of vital records and health statistics or in otherwise carrying out the purpose of the statutes governing vital statistics. He shall prepare and issue such detailed instructions concerning use of all forms, approved electronic media and supplies as may be required to secure the uniform observance of the statutes and the maintenance of an adequate system for the collection, registration, and preservation of data of vital records and health statistics throughout the Commonwealth.

County and city registrars shall maintain an adequate supply of all forms and blanks as furnished by the State Registrar in order to furnish required forms and blanks to all registrars and reporting sources within their jurisdiction.

A. No person shall use forms or electronic media for vital event registration other than those the forms or electronic media approved and supplied by the State Registrar . shall be used for vital event registration. All such

B. Approved forms, vital records, and reports are property of the Commonwealth of Virginia. As such, they Forms, vital records, and reports shall be protected from unauthorized use, access, and distribution and shall be surrendered to the State Registrar or his representative upon demand.

C. County and city registrars shall maintain an adequate supply of the forms furnished by the State Registrar in order to provide required forms to informants and reporting sources within the registrar's jurisdiction.

A. Certificate of Live Birth, Commonwealth of Virginia, for registrations at time of birth, shall contain the following items: child's full name; place of birth; usual residence of mother; sex of child; single or plural birth, and birth order of plural birth; date of birth; full name of father (except when mother is not married to the father); age of father (except when mother is not married to the father); birthplace of father (except when mother is not married to the father); full maiden name of mother; age of mother; birthplace of mother; certification of parent (if available); certification of attendant at the birth, including title, address and date signed; date the certificate was received by the registrar; registrar's signature; registration area and certificate numbers; state birth number; and supplemental confidential data to consist of the following items: medical record and social security numbers of the mother; medical record number of the child; hispanic origin, if any, and race of mother; education of mother; mother transferred prior to delivery; hispanic origin, if any, and race of father (except when mother is not married to the father); social security numbers of the father; education of father (except when mother is not married to the father); pregnancy history of mother, including date of last live birth and date of last other termination of pregnancy; date of last normal menses and physician's or midwife's estimate of gestation; month of pregnancy prenatal care began; source of prenatal care; number of prenatal visits; birthweight of child in grams; mother married to father of child; Apgar score of child at one minute and five minutes; obstetric procedures and method of delivery; newborn conditions and congenital malformations or anomalies of child, if any; infant transferred; medical history for this pregnancy; other history for this pregnancy; events of labor and delivery, and an optional item for the parent to request the State Registrar to report the birth to the Social Security Administration for account number issuance.

B. Delayed Certificate of Birth, Commonwealth of Virginia, for delayed registrations of birth, shall contain the following items: full name at time of birth; sex; place of birth; date of birth; name of father (except when mother was not married to father at the time of birth or during the 10 months next preceding the birth); race of father (except when mother was not married to the father); birthplace of father (except when mother was not married to the father); full maiden name of mother; race of mother; birthplace of mother; certification and signature of applicant; address of applicant; relationship of applicant to registrant; statement and signature of notary public (or other official authorized to administer oaths); description of documentary evidence submitted; certification and authorized signature of the State Registrar; date certificate filed by the State Registrar; and number of certificate.

C. Certificate of Live Home Birth, Commonwealth of Virginia, is required to be registered within 30 days after time of birth and shall be registered with the local health department in which the birth occurred. The local registrar or the deputy registrar shall forward such registration of Live Home Birth filed within 30 days to the State Registrar. The Certificate of Live Home Birth, Commonwealth of Virginia, for registrations at time of birth, shall contain the following items: child's full name; place of birth; usual residence of mother; sex of child; single or plural birth and birth order of plural birth; date of birth; full name of father (except when the mother is not married to the father); age of father (except when the mother is not married to the father); birthplace of father (except when the mother is not married to the father); full maiden name of mother; age of mother; birthplace of mother; certification of parent (if available); certification of attendant at birth, including title, address, and date signed; date the certificate was received by the registrar; registrar's signature; registration area and certificate numbers; state birth number; and supplemental confidential data to consist of the following items: medical record and social security numbers of the mother; hispanic origin, if any, and race of mother; education of mother; mother transferred prior to delivery; hispanic origin, if any, and race of father (except when mother is not married to the father); social security number of the father; education of father (except when mother is not married to the father); pregnancy history of the mother, including date of last live birth and date of last other termination of pregnancy; date of last normal menses and physician's or midwife's estimate of gestation; month of pregnancy prenatal care began; source of prenatal care; number of prenatal visits; birth weight of child in grams; mother married to father of child; Apgar score of child at one minute and five minutes; obstetric procedures and method of delivery; newborn conditions and congenital malformations or anomalies of child, if any, infant transferred; medical history of this pregnancy; other history of this pregnancy; events of labor and delivery and an optional item for the parent to request the State Registrar to report the birth to the Social Security Administration for account number issuance. If the Certificate of Live Home Birth is not filed at the time of birth or within 30 days, supporting documents to establish a registration may be required and shall be as follows:

1. Evidence of pregnancy, such as but not limited to:

a. Prenatal record;

b. A statement from a physician or other health care provider qualified to determine pregnancy;

c. A home visit by a public health nurse or other health care provider; or

d. Other evidence acceptable to the State Registrar.

2. Evidence that the infant was born alive, such as but not limited to:

a. A statement from the physician or other health care provider who saw or examined the infant;

b. An observation of the infant during a home visit by a public health nurse; or

c. Other evidence acceptable to the State Registrar.

3. Evidence of the mother's presence in the Commonwealth of Virginia on the date of the birth, such as but not limited to:

a. If the birth occurred in the mother's residence;

(1) A driver's license or state-issued identification card that includes the mother's current residence on the face of the license/card;

(2) A rent receipt that includes the mother's name and address;

(3) Any type of utility, telephone, or other bill that includes the mother's name and address; or

(4) Other evidence acceptable to the State Registrar.

b. If the birth occurred outside of the mother's place of residence and the mother is a resident of the Commonwealth of Virginia, such evidence shall consist of the following:

(1) An affidavit from the owner, supervisor, manager and tenant of the premises where the birth occurred stating that the mother was present on those premises at the time of the birth;

(2) Evidence of the affiants' residence similar to that required in subdivision 3 of this subsection; and

(3) Evidence of the mother's residence in the Commonwealth of Virginia similar to that required in subdivision 3 a of this subsection.

c. If the mother is not a resident of the Commonwealth of Virginia, evidence that the home birth took place in Virginia must consist of clear and convincing evidence acceptable to the State Registrar, such as affidavits of the persons present at the time of the birth, proof of such affiants' residence as set out in subdivision 3 a of this subsection, ambulance records, police records, or the like.

A. A person authorized to file a live birth in the Commonwealth pursuant to § 32.1-257 of the Code of Virginia shall fill out the Certificate of Live Birth form in its entirety, sign the form, and file the form with:

1. The State Registrar within seven days of the birth; or

2. The county or city registrar or deputy registrar in the local health department in which the birth occurred within thirty days of a live home birth. The county, city, or deputy registrar shall forward the Certificate of Live Birth form to the State Registrar within thirty days of receipt for registration.

B. The Certificate of Live Birth form shall include the following items:

1. The intended registrant’s full name;

2. The intended registrant’s place of birth and date of birth;

3. The intended registrant’s sex;

4. Single or plural birth, and birth order of plural birth;

5. The full maiden name of the mother;

6. The mother's age;

7. The mother's birthplace;

8. The mother's usual residence;

9. Information of the father, except if the mother is not married to the father at the time of birth or within the ten months before the birth:

a. The father's full name;

b. The father's age;

c. The father's birthplace;

10. Certification of the intended registrant's parent, if available;

11. Certification of the attendant at the birth, including title, address, and date signed;

12. Date the certificate was received by the registrar;

13. Registrar’s signature;

14. Registration area and certificate numbers; and

15. State birth number.

C. The Certificate of Live Birth form shall include the following supplemental confidential data used for statistical purposes:

1. The mother’s medical record and social security numbers

2. The mother’s race and indication of Hispanic origin, if applicable;

3. The mother’s level of education;

4. Whether the mother was transferred from another facility for delivery;

5. The mother’s pregnancy history, including:

a. The date of the mother’s last live birth and date of last other termination of pregnancy, if applicable;

b. The date of the mother’s last normal menses and physician’s or midwife’s estimate of gestation;

c. The month of pregnancy in which the prenatal care began, the source of prenatal care, and the number of prenatal visits;

d. Whether the mother was married to the father of the intended registrant at the time of the birth, or within ten months before the birth;

e. The obstetric procedures and method of delivery;

f. The medical history of this pregnancy and the events of labor and delivery; and

g. Other history for this pregnancy.

6. If the father was married to the mother at the time of the birth, or within ten months before the birth;

a. The father’s race and indication of Hispanic origin, if applicable;

b. The father’s social security number;

c. The father’s level of education;

7. The intended registrant’s medical information, including the intended registrant’s:

a. Medical record number in instances of a non-home birth;

b. Birthweight in grams;

c. Apgar score at one minute and five minutes;

d. Newborn conditions and congenital malformations or anomalies, if any;

e. Whether the infant was transferred from another facility; and

8. An optional item for the parent to request the State Registrar to report the birth to the Social Security Administration for account number issuance.

D. The State Registrar may require an applicant to submit supporting documents to register a birth if the Certificate of Live Birth form is not filed within 30 days of a home birth. Supporting documents shall include:

1. Evidence of pregnancy, which may include (i) the prenatal record, (ii) a statement from a physician or other health care provider qualified to determine pregnancy, (iii) a home visit by a public health nurse or other health care provider, or (iv) other evidence acceptable to the State Registrar.

2. Evidence the infant was born alive, which may include (i) a statement from the physician or other health care provider who saw or examined the infant, (ii) observation of the infant during a home visit by a public health nurse, or (iii) other evidence as acceptable to the State Registrar.

3. Evidence of the mother's presence in the Commonwealth on the intended registrant's date of birth, which may include the following:

a. If the birth occurred in the mother's residence: (i) an unexpired driver's license or state-issued identification card that includes the mother's current residence on the face of the license or card; (ii) a rent receipt that includes the mother's name and address; (iii) a type of utility, landline telephone, or other bill that includes the mother's name and service address; or (iv) other evidence as acceptable to the State Registrar;

b. If the birth occurred outside of the mother's place of residence and the mother is a resident of the Commonwealth: (i) an affidavit from the owner, supervisor, manager, or tenant of the premises where the birth occurred stating the mother was present on those premises at the time of birth; (ii) evidence supporting birth in the Commonwealth which may include evidence of the affiant's residence similar to the evidence required in subdivision 3 of this subsection; and (iii) evidence of the mother's residence in the Commonwealth similar to that of subdivision 3a of this subsection; or

c. If the mother was not a Commonwealth resident, evidence the home birth took place in Virginia shall include clear and convincing evidence acceptable to the State Registrar. Evidence may include (i) affidavits of the persons present at the time of birth; (ii) proof of the affiants' residence as set out in subdivision 3a of this subsection; or (iii) ambulance, police, or similar records.

E. A late or delayed birth filing shall be subject to the provisions of Part VIII (12VAC5-550-230 et seq.) of this chapter.

F. To request a certified copy of a Certificate of Birth, an applicant shall fill out the Application for Certification of a Birth Record form in its entirety, sign the form, and submit the form to the State Registrar or to a registrar at a local health department; or fill out the Application for Certification of a Vital Record form or the DL-81 form, Born in Virginia - Virginia Birth Certificate Application, in its entirety, sign the form, and submit the form to the Department of Motor Vehicles.

The certificate of death to be used shall be the Certificate of Death, Commonwealth of Virginia, and shall contain the following items: full name of decedent; place of death; usual residence; date of death; sex; hispanic origin, if any, and race; education; date of birth; age; birthplace; citizenship; usual occupation and industry; veteran status; social security number or control number issued by the Department of Motor Vehicles; father's name; mother's maiden name; marital status and name of spouse, if married or widowed; informant's name and relationship to decedent; medical certification of cause of death; autopsy; if female, was there a pregnancy during past three months; and supplementary data concerning death due to external causes; certification of attending physician or medical examiner, including title, address, and date signed; disposition of the body; signature of funeral service licensee; name and address of funeral home; date received by registrar; registrar's signature; registration area and certificate numbers; and state file number.

A. Under the provisions of § 32.1-263 of the Code of Virginia, a licensed funeral director, funeral service licensee, or next of kin as defined in § 54.1-2800 who first assumes custody of a dead body, or a physician, physician assistant, autonomous nurse practitioner, or an individual delegated authority to fill out and file a Certificate of Death, shall fill out and sign the Certificate of Death form in its entirety if there is no inquiry or investigation by the Office of the Chief Medical Examiner pursuant to §§ 32.1-283 or 32.1-285.1 of the Code of Virginia. Pursuant to § 32.1-263 of the Code of Virginia, electronic forms shall be filed with the State Registrar, and non-electronic forms shall be filed with any city or county registrar within the Commonwealth within 3 days of the death and prior to final disposition or removal of the body from the Commonwealth. The form shall include the following items:

1. The intended registrant’s full name;

2. The intended registrant’s place of death and date of death;

3. The intended registrant’s usual residence;

4. The intended registrant’s sex and age;

5. The intended registrant’s race and indication of Hispanic origin, if applicable;

6. The intended registrant's level of education;

7. The intended registrant’s date of birth;

8. The intended registrant’s birthplace;

9. The intended registrant’s citizenship;

10. The intended registrant’s usual occupation and industry;

11. The intended registrant’s veteran status, if applicable;

12. The intended registrant’s social security number or control number issued by the Department of Motor Vehicles;

13. The intended registrant’s father’s name;

14. The intended registrant’s mother’s maiden name;

15. The intended registrant’s marital status and name of spouse, if married or widowed;

16. Informant’s name and relationship to the intended registrant;

17. Medical certification of cause of death;

18. Whether an autopsy was performed;

19. If the intended registrant is female, whether the intended registrant was pregnant during the three months before death;

20. Supplementary data concerning death due to external causes, if applicable;

21. Certification of the attending physician or medical examiner, including title, address, and date signed;

22. Method of disposition of the body;

23. Signature of funeral service licensee;

24. Name and address of funeral home;

25. Date received by registrar;

26. Registrar’s signature;

27. Registration area and certificate numbers; and

28. State file number.

B. The medical examiner shall fill out the Certificate of Death (Medical Examiner's Certificate) form in its entirety, sign the form, and submit the form to the funeral director, funeral service licensee, or next of kin for filing with the State Registrar to register deaths in the Commonwealth if there is an inquiry or investigation by the Office of the Chief Medical Examiner pursuant to §§ 32.1-263, 32.1-283 and 32.1-285.1 of the Code of Virginia. The form shall include the following items:

1. The intended registrant’s full name;

2. The intended registrant’s sex and age;

3. The intended registrant’s date and place of death;

4. The intended registrant’s date of birth;

5. The intended registrant’s veteran status;

6. The intended registrant’s father’s name;

7. The intended registrant’s mother’s maiden name;

8. The intended registrant’s race and indication of Hispanic origin, if applicable;

9. The intended registrant's level of education;

10. The intended registrant’s citizenship;

11. The intended registrant’s place of birth;

12. The intended registrant’s marital status, and name of spouse if married or widowed;

13. The intended registrant’s social security number;

14. The intended registrant’s usual occupation and industry;

15. Informant’s name and relationship to the intended registrant;

16. Medical certification and cause of death;

17. Whether an autopsy was performed;

18. If the intended registrant is female, whether the intended registrant was pregnant during the three months before death;

19. Supplementary data concerning death due to external causes, if applicable;

20. Certification of the medical examiner;

21. Method of disposition of the body;

22. Place of burial or removal of the body;

23. Signature of funeral service licensee;

24. Name and address of funeral home;

25. Registrar’s signature;

26. Registration area and certificate numbers; and

27. State file number.

C. To request a certified copy of a Certificate of Death, an applicant shall fill out the Application for Certification of a Death Record form in its entirety, sign the form, and submit the form to the State Registrar or to a registrar at a local health department; or fill out the Application for Certification of a Vital Record form or the DL-82 form - Marriage, Divorce, Death Certificate Vital Record Application, in its entirety, sign the form, and submit the form to the Department of Motor Vehicles.

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 Marriage Return form 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 each intended registrant;

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 the marriage was 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 Marriage Return form filed with the officer during the preceding calendar month pursuant to § 32.1-267 of the Code of Virginia.

C. To request a certified copy of a marriage record, an applicant shall fill out the Application for Certification of a Marriage and/or Divorce Record form in its entirety, sign the form, and submit the form to the State Registrar or registrar at a local health department; or fill out the Application for Certification of a Vital Record form or the DL-82 form - Marriage, Divorce, Death Certificate Vital Record Application, in its entirety, sign the form, and submit the form to the Department of Motor Vehicles.

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 Report of Divorce or Annulment form shall be used to register 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 of the intended registrants who are under the age of eighteen;

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 Report of Divorce or Annulment form for each final decree of divorce or annulment granted during the preceding calendar month pursuant to § 32.1-268 of the Code of Virginia.

C. To request a certified copy of a divorce or annulment record, an applicant shall fill out the Application for Certification of a Marriage and/or Divorce Record form in its entirety, sign the form, and submit the form to the State Registrar or to a registrar at a local health department; or fill out the Application for Certification of a Vital Record form or the DL-82 form - Marriage, Divorce, Death Certificate Vital Record Application, in its entirety, sign the form, and submit the form to the Department of Motor Vehicles.

All certificates and records provided for in the statutes governing vital event registration shall be prepared on a typewriter with a black ribbon whenever possible or shall be printed legibly in black ink or written legibly in black unfading ink or entered on electronic media approved by the State Registrar. All signatures required shall be entered in black ink. No certificate shall be considered as complete and correct and acceptable for filing that:

A. A person filling out information to file or register a vital record shall enter the information on electronic media approved by the State Registrar, print the information on the form legibly in black unfading ink, write the information on the form legibly in black unfading ink, or prepare the form on a typewriter with black ribbon.

B. All signatures required shall be in black ink.

C. A registrar shall not consider a form as acceptable for filing if the form:

1. Does not supply all items a required item of information or, at the discretion of the State Registrar, called for thereon or does not satisfactorily account for their omission . of the item;

2. Contains alterations or erasures . ;

3. Does not contain original signatures . ;

4. Is marked "copy" or "duplicate ." ," is a carbon copy, photocopy, or other type of copy of the original form;

5. Is a carbon copy or photocopy.

6. Is prepared on an improper form . ; including a form that is stained damaged, or torn;

7. 6. Contains obviously improper false, incomplete, or inconsistent data . ;

8. 7. Contains any data relative to the putative presumed father of a child born out of wedlock without his written consent, or unless paternity is determined by a court of competent jurisdiction as required by § 32.1-257 of the Code of Virginia . ;

9. 8. Contains an indefinite cause of death denoting only symptoms of disease or conditions resulting from disease . ; or

10. 9. Is not prepared in conformity with these regulations. or instructions issued by the State Registrar.

For vital event registration purposes, the The Commonwealth is hereby divided into registration districts as follows: Each independent for the purpose of vital event registration. A city and each county or city constitutes shall constitute a registration district , . provided that the The State Registrar may designate special registration districts within cities and counties where a county or city if necessary to facilitate registration.

Each A county or city registrar for an independent city or county may appoint one or more representatives to act for the registrar after regular office hours. Such The representatives may issue out-of-state transit permits as specified in Part X of this chapter.

Each A. A registrar or the registrar's representative shall examine certificates the forms filed with the registrar as they are submitted for registration to determine whether they the forms have been prepared in accordance with pursuant to the provisions of the statutes , and regulations , governing vital records, and the form's instructions. If unsatisfactory, it shall be the duty of the registrar or the registrar's representative shall to notify the person responsible for applicant filing the registration form of its any defects . and to secure a complete and correct registration. Each

B. If a form documenting a birth, death, or fetal death is acceptable for filing, a registrar or his deputy a registrar's representative shall sign the form and then note over his signature enter the filing date alongside the form item "date record filed."

C. A each registrar or a registrar's representative certificate of birth, death, or report of fetal death was filed with him and shall consecutively number consecutively the certificates of forms filed with the registrar to document a birth, death, and or fetal death in three separate series based on the date of the vital event. A registrar or a registrar's representative shall enter the number in the top right corner of the form, beginning with the number 1 for the first certificate form in each respective series in each calendar year.

On forms furnished by the State Registrar or on electronic media approved by the State Registrar, each registrar shall record the following information from the original records before forwarding such original records to the State Registrar:

1. For birth records: the full name of the child, sex and race of child, date of birth, place of birth, names of parents, residence of parents, date filed, and local certificate number.

2. For death records: the full name of the decedent, race and sex of decedent, date of death and place of death, date filed, and local certificate number.

3. For spontaneous fetal death records: surname of family, race and sex of fetus, date and place of delivery, date filed, and local report number.

A. A registrar shall record information from an original form documenting a birth, death or fetal death that is filed with the registrar on electronic media approved by the State Registrar before forwarding the original forms to the State Registrar.

B. A registrar shall record the following information from a Certificate of Live Birth form:

1. The intended registrant's full name;

2. The intended registrant's date and place of birth;

3. The date the form was received by the registrar for filing; and

4. The date the registrar sends the form to the State Registrar.

C. A registrar shall record the following information from the Certificate of Death form or a Certificate of Death (Medical Examiner's Certificate) form:

1. The intended registrant's full name;

2. The intended registrant's race and sex;

3. The intended registrant's date and place of death;

4. The date the form was received by the registrar for filing;

5. The local report number; and

6. The date the registrar sends the form to the State Registrar.

D. A registrar shall record the following information from a Report of Spontaneous Fetal Death form:

1. The intended registrant's full name;

2. The intended registrant's date of delivery;

3. The date the form was received by the registrar for filing; and

4. The date the registrar sends the form to the State Registrar.

A. Special registrars On the fifth day of the month, a special registrar shall , upon receiving all information on the properly completed forms, forward them send the forms filed with the special registrar during the previous month to the State Registrar . on the fifth day of the month. If no birth, death, or fetal death was registered in any filed with the special registrar during the previous month, that fact shall be reported on the fifth day of the following month on a form provided for that purpose. to the State Registrar using electronic media approved by the State Registrar, or, in instances where electronic media approved by the State Registrar cannot be used, by submitting the Monthly Report of Vital Statistics form to the State Registrar.

B. City and A city or county registrars registrar shall transmit weekly to the State Registrar all the complete original certificates forms filed with them him or received by them him from a special registrars registrar during the period preceding such dates. Each shipment of certificates sent by special registrars and by city and county registrars shall be accompanied by a transmittal form provided for that purpose. previous week.

C. A special, county, or city registrar shall include a Death Index Report when sending forms filed to establish a Certificate of Death to the State Registrar.

Each registrar is to familiarize himself with the statutes, regulations, and instructions so that he may promote and stimulate complete and accurate registration. Lists of hospitals, physicians, medical examiners, funeral service licensee, and midwives should be maintained where necessary for reference purposes.

Whoever assumes custody of a living infant of unknown parentage shall on a blank certificate of live birth report the required facts. The certificate shall be plainly marked "foundling registration" in the top margin and data required will be determined by approximation. Parentage data shall be left blank, and the certification of the informant shall be signed by the custodian indicating title, if any. The item "Certification of the attendant," shall be signed by the physician who examines the foundling child. On the reverse of the form shall be listed the name and address of the persons or institution with whom such child has been placed for care and the date and place the child was found.

A. For purposes of this section and chapter, "foundling child" means a living infant of unknown parentage who is found in the Commonwealth.

B. The custodian of a foundling child or hospital where a foundling child is taken for care shall fill out the information required pursuant to § 32.1-258 of the Code of Virginia on a Certificate of Live birth form and file the form within seven days of finding the foundling child. Non-electronic forms may be filed with a city or county registrar and electronically filed forms shall be filed with the State Registrar. The custodian shall:

1. Mark the form "foundling registration" in the top-left corner of the form;

2. Leave parentage data blank;

3. Estimate the remaining data required to complete the form; and

4. Sign the form item "certification of the informant," indicating title, if any.

C. The State Registrar shall review each Certificate of Live Birth form filed for a foundling child to ensure that all items of information required under 12VAC5-550-100 are filled out on the Certificate of Live Birth form.

D. The physician or other health care provider who examines the foundling child shall sign the form item "certification of the attendant."

A. The registration of a nonrecorded birth after the statutory time prescribed for filing but within one year from the date of birth shall be a "late birth registration." As such, its filing shall be subject An applicant shall use the Certificate of Live Birth form in use at the time of an intended registrant's birth for a late birth filing. The applicant shall fill out the form in its entirety according to the information and evidence requirements of 12VAC5-550-100, and file the form with a city or county registrar pursuant to the requirements of 12VAC5-550-250 . but shall not be considered a "delayed registration." The registration of a nonrecorded birth after one year from the date of birth shall be a "delayed birth registration."

B. For those births occurring more than An applicant shall use the Certificate of Live Birth form in use at the time of a registrant's birth to file a delayed Certificate of Birth between one year but less than and seven years prior to the date of filing, after the intended registrant's date of birth. The applicant shall fill out the form in its entirety and file the form with a registrar according to the information and evidence requirements of 12VAC5-550-100. A registrar or a registrar's representative the birth registrations shall be prepared and filed on the certificate of live birth form in use at the time of birth and shall be plainly marked mark the delayed Certificate of Birth "delayed registration" in the upper margin "delayed registration." Such certificates at the top of the form. The delayed Certificate of Birth shall be subject to the requirements of 12VAC5-550-250 and not subject to 12VAC5-550-260.

C. The registration of a nonrecorded birth An applicant filing a delayed Certificate of Birth seven or more years after the intended registrant's date of birth shall be a "delayed birth registration" and shall fill out the Delayed Certificate of Birth form in its entirety, sign the form, and file the form with the State Registrar. A delayed Certificate of Birth filed seven or more years after the registrant's date of birth be registered by the State Registrar on special forms provided for such purposes and shall be subject to the requirements of 12VAC5-550-260.

D. The VS12 form, Commonwealth of Virginia - Delayed Certificate of Birth, shall include the following items:

1. The intended registrant's full name;

2. The intended registrant's sex;

3. The intended registrant's date and place of birth;

4. The following information regarding the intended registrant's father, except if the mother was not married to the father at the time of birth or ten months before the birth:

a. The father's name;

b. The father's race;

c. The father's birthplace;

5. The following information of the intended registrant's mother:

a. The mother's full maiden name;

b. The mother's race;

c. The mother's birthplace;

6. Certification and signature of the applicant;

7. Address of the applicant;

8. Relationship of the applicant to the intended registrant;

9. Statement and signature of a notary public or other official authorized to administer oaths;

10. Description of documentary evidence submitted;

11. Certification and authorized signature of the State Registrar;

12. Date the form was registered by the State Registrar; and

13. Number of certificate.

A. A person born in the Commonwealth of Virginia whose birth is not recorded, or his the person's parent or , legal guardian, legal representative, or an older a person older than the intended registrant having knowledge with direct experience or observation of the facts of the intended registrant's birth, may file a late or delayed certificate Certificate of birth Birth after the time prescribed for filing subject to in accordance with the procedures and requirements established by these regulations and instructions issued by the State Registrar. of this chapter.

B. No person may file a late or delayed Certificate of Birth shall be registered for a if the intended registrant is deceased person. or if a prior Certificate of Birth is located for the intended registrant.

C. Application for delayed certificates that have not been completed within one year from the date of application may be dismissed at the discretion of the The State Registrar . Upon dismissal, may dismiss a delayed Certificate of Birth that has been filed the State Registrar shall so advise the applicant but has not been finished within one year from the filing date. The State Registrar shall notify the applicant of the dismissal and return all the documents submitted in support of such registration shall be returned the delayed Certificate of Birth to the applicant. applicant's address on file with the Office of Vital Records.

A. The form used to file a late or Late birth registrations and delayed birth registrations filed Certificate of Birth within seven years of the intended registrant's date of birth shall be signed by: prepared and filed on the certificate of live birth form in use at the time of birth. To be acceptable for filing, the certificate must be signed by the

1.The physician or other person who attended the birth; or if the birth occurred in a hospital, the

2. The hospital administrator , or his the administrator's designated representative, may sign the certificate; if the birth occurred in a hospital; or if the physician or other person who attended the birth is not available, and the birth did not occur in a hospital, the certificate may be signed by one of the

3. One of the intended registrant's parents, if the physician or other person who attended the birth is unavailable, the birth did not occur in a hospital, and provided that a notarized statement is attached to the certificate form that explains outlining the reason why the late or delayed certificate Certificate of Birth cannot be signed by the attendant.

B. The State Registrar or the city or a county registrar A registrar may require the presentation of additional evidence in support of supporting the facts of an intended registrant's birth or an explanation for the delay in filing a late or delayed Certificate of Birth. in any case where there appears to him reason to question the adequacy of the registration. Home

C. An applicant filing a late or delayed Certificate of Birth within seven years from the date of the intended registrant's home birth records shall follow procedures in be subject to the information and evidence requirements of 12VAC5-550-100 C .

A. Application for a delayed birth registration after seven years have elapsed since the date of birth shall be made to the State Registrar and shall be filed according to instructions issued by the State Registrar.

B. If a prior birth certificate is located for the registrant, a delayed birth certificate shall not be filed. The final acceptance of a delayed birth certificate for filing A. The Delayed Certificate of Birth form shall remain in a pending status until the applicant submits evidence is submitted in support thereof satisfactory to the State Registrar as outlined in subsection E C of this section, to the State Registrar, or until one year from the form's filing date, of application, in which event the application shall lapse. when the State Registrar may dismiss the form pursuant to 12VAC5-550-240 C.

C. The following facts concerning the person whose birth is to be registered must be established:

1. The full name of the person at the time of birth, except that the delayed certificate may reflect a name established by adoption or legitimation when such evidence is submitted;

2. The date and place of birth; and

3. The names of the parents, except that if the mother of the child was not married to the father of the child at the time of birth, or during the 10 months preceding such birth, the name of the father shall not be entered on the delayed certificate unless the child has been adopted or legitimated, or parentage has been determined by a court of competent jurisdiction pursuant to § 32.1-257 of the Code of Virginia, or both natural parents present a sworn acknowledgement of paternity.

D. Delayed birth certificates shall be prepared on forms supplied by the State Registrar. Each such delayed certificate shall be signed and sworn to B. The intended registrant shall sign and swear to the accuracy of the facts stated on the Delayed Certificate of Birth form before an official authorized to administer oaths. by the person whose birth is to be registered if such person If the intended registrant is not available and is or competent to sign and swear to the accuracy of the facts stated therein; if not, the application shall be signed and sworn to by provided, one of the intended registrant's parents, legal guardian, legal representative, or by an a person older person than the intended registrant with direct experience or observation of the intended registrant's having knowledge of the facts of birth. birth shall sign and swear to the accuracy of the facts stated on the form before an official authorized to administer oaths.

E. The birth facts entered on the delayed certificate shall be supported by C. To file the Delayed Certificate of Birth form, the applicant shall submit at least three pieces of documentary primary evidence ; to support the facts entered on the form, except that : the applicant may submit only two pieces of primary evidence if:

1. If one One of the documents was established before the intended registrant's seventh birthday, only two such documents shall be required. ; or

2. If the person whose birth The intended registrant is being registered is 15 fifteen years of age or under , only two such documents shall be required .

F. All documents used shall be primary evidence, such as school admission records, physician's records, insurance applications, baptismal records, federal census abstracts, immunization records, or passports. Only one D. An intended registrant's parents or a person older than the intended registrant with direct experience or observation of the intended registrant's birth may submit an affidavit of personal knowledge shall be used as an additional supporting document. evidence for a delayed Certificate of Birth filed seven or more years after the intended registrant's date of birth. The State Registrar shall accept only one affidavit of personal knowledge as a supporting document, and may consider an affidavit of personal knowledge as primary evidence established before the intended registrant's seventh birthday under the conditions of subsection C 1 of this section.

G. Facts E. The State Registrar may verify the facts of the intended registrant's parentage need only be supported by using one such document described in subsection F of this section. piece of primary evidence.

H. Documents F. The applicant shall submit be in the form of the original document used as primary evidence or certified or true copies of the original. document.

I. All G. The State Registrar shall return the documents , submitted as evidence, except the affidavit of personal knowledge, shall be returned to the applicant applicant's address on file with the Office of Vital Records after review.

J. Whether delayed certificates H. The State Registrar shall determine whether a Delayed Certificate of Birth form and documentary evidence submitted conform with this chapter and are acceptable for filing . shall be determined by the State Registrar. If, in his judgment,

1. If the State Registrar determines that an applicant does has not submit submitted the documentation required in support of the facts of birth or if there appears reason to question the delayed registration, the delayed birth certificate the State Registrar shall not be accepted accept the form and shall advise the applicant shall be advised of its the form's deficiencies.

1. 2. If a delayed birth certificate a form is acceptable for filing, the State Registrar or his a designated representative shall abstract (i) write on the delayed birth certificate form a description of each document submitted in support of the delayed registration, Certificate of Birth on the bottom of the form, including the kind and title of the document; the name and relationship of the affiant to the intended registrant if the document is an affidavit of personal knowledge; and the date the document was originally established; and

2. The State Registrar or his a designated representative shall then (ii) enter the date of filing of the delayed registration, the form was filed with the Department on the form, (iii) enter a certificate number on the form, and (iv) sign the form to and by his signature thereto shall certify:

a. That no prior birth certificate Certificate of Birth is on file for the person whose birth is to be registered. intended registrant; and

b. That the documentary evidence submitted to establish the facts of birth in support of the delayed Certificate of Birth has been reviewed and is in conformity conforms with the stated facts . stated on the form.

New birth certificates after adoption, legitimation, acknowledgment of paternity, or court determination of paternity shall be established under the following conditions:

1. A new certificate of birth may be prepared by the State Registrar for a child born in Virginia and subsequently adopted through the courts of Virginia, the several states of the United States, or in a foreign country. An adoption report or certified copy of an adoption decree must be in the possession of the State Registrar together with a request that a new certificate be prepared.

2. A certificate of birth may be prepared by the State Registrar for a child born in a foreign country and subsequently adopted through a court in Virginia. An adoption report must be in the possession of the State Registrar together with a request that a Virginia registration of the birth be prepared. Such certificates shall not confer citizenship upon the child or the adoptive parents.

A. The State Registrar may establish a new Certificate of Birth after adoption if the child was born in Virginia and adopted through the courts of the United States or in a foreign country.

B. The State Registrar may establish a Certificate of Foreign Birth for a child born in a foreign country and adopted through a court in Virginia, or for a child born in a foreign country and adopted by residents of Virginia pursuant to the laws of the foreign country and who was admitted into the United States with an IR-3 or IH-3 visa issued by the United States Citizenship and Immigration Services pursuant to § 63.2-1200.1 (B) of the Code of Virginia.

C. When requesting a new Certificate of Birth be prepared for a registrant after adoption, the adoptive parents or the clerk of the court finalizing the adoption shall submit an adoption decree to or file a Report of Adoption form with the State Registrar. The adoptive parents shall also fill out and submit an Application for Certification of a Birth Record form that is signed by the adoptive parents and complete with the appropriate amendment code on the form to request the preparation of a new Certificate of Birth for the registrant.

D. If an existing Certificate of Birth is not established for the person adopted under the conditions of subsection A of this section, the State Registrar shall not register the new Certificate of Birth until an existing birth certificate for the adopted child is located or, if the adopted child was born in the Commonwealth, an applicant files a late or delayed birth filing for the adopted child pursuant to Part VIII (12VAC5-550-230 et seq.) of this chapter.

If the biological parents of a child shall marry after the birth of a child, a new certificate of birth may be prepared by the State Registrar for a child born in Virginia provided that the name of another man is not shown as the father on the original certificate. An affidavit of paternity, executed subsequent to the birth of the child, by both biological parents and a certified copy of the parents' marriage record must be in the possession of the State Registrar together with a request that a new certificate be prepared. If another man is so listed, a new certificate may be prepared only if a determination of paternity shall be ordered by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia. If the mother was married at the time of the child's birth or in the 10 months next preceding, the State Registrar will not accept the acknowledgment of paternity form. A new certificate may be prepared only if a determination of paternity shall be ordered by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia.

A new certificate of birth may be prepared by the State Registrar for a child born out of wedlock in this Commonwealth upon receipt of a sworn acknowledgement of paternity, executed subsequent to the birth of the child, signed by both parents and a written request by both parents that the child's surname be changed or not be changed on the certificate to that of the father. If the mother was married at time of the child's birth or in the 10 months next preceding or if another man is shown as the father of the child on the original certificate, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or pursuant to § 20-49.8 of the Code of Virginia.

A. The State Registrar may prepare a new Certificate of Birth for a registrant born out of wedlock in the Commonwealth naming a man as the father if another man is not shown as the father on the registrant's existing Certificate of Birth. The registrant's biological parents shall fill out in its entirety and file a notarized Acknowledgement of Paternity form with the State Registrar and submit to the State Registrar an Application for Certification of a Birth Record form indicating a request to prepare a new Certificate of Birth for the registrant due to paternity acknowledgement.

B. If the mother was married at the time of the registrant's birth or in the ten months before the birth, or if another man is listed on the registrant's existing Certificate of Birth, the State Registrar shall not accept the Acknowledgement of Paternity form and may only prepare a new Certificate of Birth for the registrant if a determination of paternity is ordered by a court of competent jurisdiction pursuant to § 20-49.8 of the Code of Virginia.

C. Changing the registrant's surname to the biological father's surname requires the signatures of both parents on the Acknowledgement of Paternity form. If one parent is deceased or incapacitated, the other parent may sign the form to change the registrant's surname to reflect the surname of the biological father.

D. In instances of legitimation, if the registrant is eighteen years of age or older, the biological parents of the registrant, or the registrant's legal guardian or legal representative shall also submit a copy of the biological parent's marriage record to the State Registrar.

A. If no appeal has been taken from the final order and the time allowed to perfect an appeal has expired, The State Registrar may prepare a new certificate of birth may be prepared by the State Registrar for a child Certificate of Birth naming a man as the father of a registrant born in this the Commonwealth upon receipt of a certified copy of a court determination of paternity . if:

1. The court that made the determination of paternity, the registrant's parents or legal guardian, or a legal representative transmits a certified copy of the final court order for determination of paternity to the State Registrar pursuant to §20-49.8 of the Code of Virginia;

2. The State Registrar is in possession of a certified copy of the final court order for the determination of paternity; and

3. No appeal has been taken from the final court order for the determination of paternity and the time allowed to make an appeal has expired.

B. A new certificate of birth may be prepared by the The State Registrar may prepare a new Certificate of Birth under the conditions established in subsection A of this section, for a child born in the registrant's biological parents, legal guardian, or legal representative shall submit to the State Registrar (i) a Commonwealth upon receipt of the certified copies copy of a document signed by a man indicating his consent to submit to scientifically reliable genetic tests, including blood tests, to determine paternity; (ii) and a certified copy of the genetic test results affirming at least a 98% probability of paternity from an ABBA-approved laboratory , ; and (iii) together with a request from the registrant's biological mother, biological father, or person having legal guardian, or legal representative custody of the child that a such new certificate Certificate of Birth be prepared.

C. Changing the child's a registrant's surname to the biological father's surname requires the signatures of both parents on the Acknowledgement of Paternity form. or (i) the father in the case of death or incapacity of the mother or (ii) the mother in the case of the death or incapacity of the If one parent is deceased or incapacitated, the other biological parent may sign the form to change the registrant's surname to reflect the surname of the biological father.

A. The State Registrar shall prepare a new certificate Certificate of birth Birth prepared after adopting, adoption, legitimation, court determination of paternity, or an acknowledgement of paternity shall be on the Certificate of Live Birth form in use at the time of birth; however, the State Registrar shall prepare a new Certificate of Birth for a same-sex adoption , same-sex surrogacy, or upon a gender neutral sex designation of the adoptive parents new certificate of birth shall be on the VS1 form , Commonwealth of Virginia - Certificate of Live Birth, that shows the parents' designation as "Name of Parent ,." and shall include the The following items and such other information shall be required necessary to complete register the certificate: new Certificate of Birth:

1. The name of the child; registrant;

2. The date and place of birth as transcribed from the original existing birth certificate;

3. The names and personal particulars details of the adoptive parents or of the natural biological parents, whichever is appropriate;

4. The name of the attendant, printed or typed;

5. The birth number assigned to the original birth certificate; and

6. The original filing date registered on the original Certificate of Birth. The information necessary to locate the existing certificate and to complete the new certificate shall be submitted on forms prescribed by the State Registrar.

B. When requesting a new Certificate of Birth be prepared under Part IX of this chapter, applicants shall provide the following information to the State Registrar to locate the registrant's existing birth certificate:

1. The registrant's name at birth;

2. The registrant's name at adoption or name resulting from a court order name change, if applicable;

3. The names of the registrant's parents as listed on the existing birth certificate;

4. The registrant's date of birth and place of birth;

5. The hospital of birth, if requested and applicable; and

6. The certificate number, if known.

C. An applicant shall include the information necessary to locate the registrant's existing birth certificate and the information to complete the registrant's new Certificate of Birth on:

1. The Report of Adoption form, for adoptions;

2. The Application for Certification of a Birth Record form or the Acknowledgement of Paternity form, for acknowledgements of paternity and legitimation; or

3. If a correction to an existing birth certificate is requested, an applicant shall fill out the Affidavit for the Correction of a Record form in its entirety, sign the form, and submit the form to the State Registrar.

A. After preparation of the a new certificate, Certificate of Birth, the State Registrar shall place and seal the existing certificate Certificate of Birth and the supporting evidence upon which the new certificate was based are to be placed in a special physical or electronic file. Such The State Registrar shall store an electronic file on electronic media approved by the State Registrar.

B. No person shall be permitted to open or inspect the sealed file shall not be subject to inspection except upon order of a circuit court of this the Commonwealth or by the approval of the State Registrar for purposes of properly administering the system of vital records, and health statistics. pursuant to § 32.1-261 of the Code of Virginia.

A. A complete and properly executed medical certification of the cause of death shall mean the entry by a physician or medical examiner of a definite medical diagnosis of the underlying cause of death and related conditions following the instructions indicated on the death certificate. This may be variously: supported by:

1. Supported by clinical Clinical findings of the physician or autonomous nurse practitioner who attended the deceased intended registrant for the illness or condition that resulted in death;

2. Supported by tentative Tentative clinical findings that may or may not be supported by the gross findings of an autopsy; or

3. Supported by autopsy Autopsy findings where necessary to establish a definite medical diagnosis of the cause of death.

In cases where B. If an autopsy is to be performed, the physician or medical examiner shall not defer delay the entry of the cause of death pending a full report of microscopic and toxicological studies. In any case where the If autopsy findings significantly change the medical diagnosis of the cause of death, the physician or medical examiner shall submit a supplemental report of the cause of death shall be made by the physician or medical examiner to the registrar State Registrar as soon as the findings are available. (As examples: If it is clear that a patient dies of "cancer of the stomach," report the cause while a determination of the histological type is being carried out. Similarly, if it is clear that a death is from "influenza," do not delay the medical certification while a laboratory test is being carried out to determine the strain).

A. When a patient person dies, the physician or autonomous nurse practitioner in charge of the patient's person's care for the illness or condition that resulted in death, or the other medical certifier shall be responsible for executing and signing fill out and sign the medical certification of cause of death as follows: on the Certificate of Death form and file the form with the State Registrar within 24 hours of the death.

B. If a medical examiner assumes jurisdiction pursuant to §§ 32.1-283 or 32.1-285.1 of the Code of Virginia or this chapter, the medical examiner shall fill out and sign the medical certification of the cause of death on the Certificate of Death (Medical Examiner's Certificate) form and file the form with the State Registrar within 24 hours of the death. If the medical examiner is unable to file the medical certification of the cause of death within 24 hours, the medical examiner shall file the form at the time of releasing a dead body to a funeral service licensee or person who first assumes custody of a dead body, or as soon as practicable afterwards.

1. The physician shall execute and sign the medical certification of cause of death on the death certificate form prescribed by the State Registrar.

2. In an case where an autopsy

C. If an autopsy is scheduled and the physician medical examiner or other health care provider who performs an autopsy wishes to await its gross finding to confirm a tentative clinical finding, he the medical examiner or other health care provider shall give notify the funeral service licensee notice that he attended the patient intended registrant and when he expects to have the expected date or time the medical data necessary for the certification of the cause of death. will be available. If the provisions of 12VAC5-550-350 cannot be adhered to, he the medical examiner or other health care provider shall indicate that the cause of death is pending and sign the medical certification. Immediately after the medical data necessary for determining the cause of death have been made known, the physician shall, over his signature, forward are available, the medical examiner or other health care provider shall sign the form and send the cause of death to the registrar. State Registrar.

3. D. If the physician medical certifier is unable to establish the cause of death or if a death is within the jurisdiction of the medical examiner, he the medical certifier shall immediately report the case to the local medical examiner and advise inform the funeral service licensee. of this fact. If the medical examiner does not assume jurisdiction, the physician medical certifier shall sign the medical certification noting special circumstances and exception.

4. An associate E. A physician who relieves the attending physician while he the attending physician is on vacation or otherwise temporarily unavailable may certify to the cause of death in any case where if he has access to the medical history of the case, provided that he views the deceased at or after death occurs and that death is from natural causes. In all other cases in which a physician is unavailable, the funeral service licensee shall contact the medical examiner.

5. When the attending physician shall have given the person in charge of an institution authorization in writing, the person in charge of such institution, or his designated representative, may prepare the medical certification of cause of death in cases where all pertinent aspects of the medical history are a part of the official medical records and the death is due to natural causes. In such instances, the signature shall be that of a physician.

F. The medical examiner shall fill out and sign the medical certification of the cause of death if a death is referred to the medical examiner because the intended registrant’s physician or autonomous nurse practitioner is deceased, incapacitated, or is no longer practicing or licensed to practice and (i) there was no physician or autonomous nurse practitioner in attendance at the intended registrant’s death or (ii) the health care provider who pronounced death pursuant to §54.1-2972 of the Code of Virginia is similarly unable to complete the medical certification of the cause of death.

When a medical examiner assumes jurisdiction in a death or when a medically unattended death occurs without medical attendance a known medical history or information, the medical examiner shall be responsible for executing and signing the medical certification of cause of death as follows:

1. The medical examiner shall, at the time of releasing a body to a funeral service licensee or person who first assumes custody of a dead body, or as soon as practicable thereafter, execute and sign the medical certification of cause of death on the death certificate form prescribed by the State Registrar.

2. In any case where an autopsy is scheduled and the medical examiner wishes to await its gross findings to confirm a tentative clinical finding, he shall give the funeral service licensee notice as to when he expects to have the medical data necessary for the certification of cause of death. If the provisions of 12VAC5-550-350 cannot be adhered to, he shall indicate that the cause is pending and sign the certification. Immediately after the medical data necessary for determining the cause of death have been made known, the medical examiner shall, over his signature, forward the cause of death to the registrar.

3. In any case where a death has been referred to the medical examiner because a physician in attendance is deceased or physically incapacitated and there was no associate physician, the medical examiner shall prepare and sign the medical certification of cause of death.

When A. If a patient shall die person dies in a hospital or institution, the cause of death is known, and the death is not under the jurisdiction of the medical examiner, the person in charge of such the institution , or his a designated representative , shall where feasible and where the cause of death is known, aid in the preparation of the death certificate as follows: help prepare the Certificate of Death form by:

1. Place Placing the intended registrant's full name of the deceased on the death certificate form and obtain obtaining the medical certification of the cause of death from the attending physician , autonomous nurse practitioner, or other person authorized to complete the medical certification of cause of death. pursuant to 12VAC5-550-360;

2. If authorized in writing by the attending physician, the person in charge, or his designated representative, may prepare the Preparing the intended registrant's medical certification of the cause of death if (i) the physician or autonomous nurse practitioner authorized under § 32.1-263 of the Code of Virginia to complete the medical certification of the cause of death provides written authorization, (ii) in cases where all pertinent aspects of the intended registrant's medical history are a part of in the official hospital records; and (iii) the death is due to natural causes . The signature shall be that of a physician. ;

3. Present Sending the partially completed death certificate identified by the name form and the complete medical certification of the cause of death to the funeral service licensee . , or, if taking possession of the dead body, the intended registrant's next of kin; and

4. In a case of long-term residence by a patient in a state institution, a death certificate including Entering the intended registrant's personal particulars information of the deceased may be prepared for presentation to the funeral service licensee. onto the form if the intended registrant was a long-term resident or patient in a state institution.

B. If a person in charge of a hospital or institution or a designated representative prepares a Certificate of Death form pursuant to subdivision A2 of this section, the physician or autonomous nurse practitioner shall sign the medical certification of the cause of death.

Each A. A funeral service licensee who has been authorized to take custody of a dead human body shall exercise assist in the following responsibilities with respect to the preparation and filing of the death certificate: Certificate of Death form by:

1. When he arrives to take custody of the body, he shall first ascertain whether an attending physician or local medical examiner has established the cause of death as follows:

a. The funeral service licensee shall obtain the medical certification of cause of death from the physician if the death is from natural causes. An associate physician or person in charge of an institution may prepare the medical certification as outlined in 12VAC5-550-360.

b. If a physician attended the deceased but did not complete the medical certification of cause of death, the funeral service licensee shall immediately contact such physician in person or by telephone to be certain that he was the attending physician and to ascertain whether the physician is to assume responsibility for the medical certification or to refer the case to the medical examiner.

c. When a medical examiner assumes jurisdiction in a death, or when a physician in attendance is incapacitated, the funeral service licensee shall obtain the signed medical certification of cause of death from the medical examiner as required by subdivision 3 of 12VAC5-550-370.

2. The personal history of the deceased and the facts of the death shall be obtained from the best source possible. This source may be variously: a member of the immediate family of the deceased who possesses the necessary information; a hospital records custodian whose records contain the necessary information; or the local medical examiner having jurisdiction over a case. The name of the informant, his address and relationship to the decedent shall be entered on the death certificate. The facts required as to the manner and place of disposal of the body or its removal from the Commonwealth shall be entered over the signature of the funeral service licensee. He shall personally sign the certificate and print or type the name of his firm.

3. Except as outlined in 12VAC5-550-410, a satisfactory death certificate shall be filed with the city, county, or special registrar in the city or county where death occurred, or a dead body is found, prior to final disposal of the body or its removal from the Commonwealth, and within three days. In cases where a completed medical certification is not available when the funeral service licensee takes possession of a body, he shall not move the body from the place of death until so authorized by the local medical examiner or until the attending physician has advised him that death is from natural causes and the physician is able to prepare the medical certification of cause of death. In every case, the removal of a dead human body from the city or county of death is unlawful unless notice is given to the city, county, or special registrar by telephone or in person. Such notice shall consist of the name of the deceased, date and place of death, and the name of the attending physician or of the medical examiner, as the case may be, and, if the body is to be removed, the destination within the Commonwealth. Such notification shall be made during the next available business hours of the registrar following the time of death. After business hours, in independent cities and in designated counties, such notification shall be made immediately on assumption of custody of the deceased to the registrar's representative.

1. Determining, upon arrival to take custody of the dead body, whether a physician, autonomous nurse practitioner, or other person authorized by § 32.1-263 of the Code of Virginia, or the local medical examiner, is to establish the intended registrant's cause of death;

2. Obtaining the medical certification of the cause of death from the medical certifier;

3. Obtaining the intended registrant's demographic information;

4. Entering the intended registrant's demographic information on the form along with the informant's name, address, and relationship to the intended registrant;

5. Filling out and signing the form to certify the facts related to the method and place of final disposition of the dead body or its removal from the Commonwealth; and

6. Signing the form and printing or typing the name of the funeral home.

B. If a death is from natural causes, the funeral service licensee shall obtain the medical certification of the cause of death from the physician or autonomous nurse practitioner who attended the intended registrant at the time of death or for the condition or illness that led to the intended registrant's death, or other person authorized to complete the medical certification of the cause of death, or the person in charge of an institution who may prepare the medical certification of the cause of death as outlined in 12VAC5-550-360, or a medical examiner.

C. If a physician or autonomous nurse practitioner attended the intended registrant's death but did not fill out the medical certification of the cause of death, the funeral service licensee shall, immediately upon arrival to take custody of the dead body, contact the physician or other person authorized to prepare the medical certification of the cause of death to confirm that the physician or autonomous nurse practitioner attended the death and to find out whether the physician, autonomous nurse practitioner, or other person authorized to prepare the medical certification of the cause of death under 12VAC5-550-360 is responsible for the medical certification of the cause of death, or to refer the death to the medical examiner.

D. If a medical examiner assumes jurisdiction in a death, or if a physician or autonomous nurse practitioner authorized by §32.1-263 of the Code of Virginia to complete the medical certification of the cause of death is deceased, incapacitated, no longer licensed to practice medicine, or is no longer practicing medicine and there was no physician or autonomous nurse practitioner who attended the intended registrant at the time of death, the funeral service licensee shall obtain the signed medical certification of the cause of death from the medical examiner.

E. Except pursuant to 12VAC5-550-410, an acceptable form filed to establish a Certificate of Death shall be filed before the final disposal of the dead body or its removal from the Commonwealth, and within three days of the intended registrant's date of death.

1. If a completed medical certification of the cause of death is not available when the funeral service licensee takes possession of a dead body, the funeral service licensee may not move the body from the place of death until authorized by the attending physician or autonomous nurse practitioner, or the Chief Medical Examiner, Assistant Chief Medical Examiner, or a medical examiner appointed pursuant to §§ 32.1-282 and 32.1-263 of the Code of Virginia.

2. The funeral service licensee may not remove a dead body from the city or county of death unless notice is provided to and approved by the city, county, or special registrar. The funeral service licensee may provide notice by telephone or in person during the registrar's next available business hours following the time of death, to the registrar's representative, immediately on assumption of custody of the dead body.

F. Pursuant to § 32.1-263 of the Code of Virginia, a Certificate of Death form may be filed electronically using electronic media approved by the State Registrar or non-electronically with a registrar other than the registrar at the place of death, and a Certificate of Death (Medical Examiner's Certificate) form may be filed using electronic media approved by the State Registrar.

A. The body of any person whose death occurs If a person dies in Virginia or whose a dead body shall be is found dead therein in the Commonwealth, the dead body shall may not be removed from the Commonwealth unless an out-of-state transit permit prepared on a an Out-of-State Transit Permit form prescribed by the State Registrar has been is issued by the city, county, or special registrar of the city or county jurisdiction where the death occurred or the dead body was found , or by a different registrar under the exceptions except as outlined in 12VAC5-550-410.

B. No A registrar may not issue an out-of-state transit permit shall be issued until a proper certificate of death an acceptable Certificate of Death form or Certificate of Death (Medical Examiner's Certificate) form is filed , except as outlined in 12VAC5-550-410.

C. A certificate of death registrar shall be considered consider a Certificate of Death form or a Certificate of Death (Medical Examiner's Certificate) form to be properly filed: acceptable for filing if the form adheres to the requirements established under 12VAC5-550-150, and all information and signatures required on the form are provided to the registrar.

1. When all items thereon have been answered in the manner prescribed by the State Registrar; and

2. When the certificate has been presented for filing with the city, county, or special registrar of the city or county where the death occurred or the body was found, or, in emergency cases, with the city or county registrar of the area to which removal was made within the Commonwealth.

A. For purposes of this section and chapter, a "provisional death certificate" means a Certificate of Death form or a Certificate of Death (Medical Examiner's Certificate) form that is filed by a funeral director or funeral service licensee and identifies the intended registrant, but does not contain all information required to complete the form for acceptance. If the cause of death information is not completed, the medical certifier shall mark the form as "pending."

1. Information required to file the provisional death certificate includes the (i) intended registrant's first and last names; (ii) intended registrant's gender; (iii) date and place of the intended registrant's death; (iv) method of disposition of the dead body; and (v) signature of the medical certifier.

2. A provisional death certificate shall be limited in use for the purpose of obtaining out-of-state transit permits.

A. Under the conditions of § 32.1-266 of the Code of Virginia, the following situations are declared to be proper reasons for B. An emergency extensions extension of the time periods for filing frame to replace a completed provisional death certificate: with a completed Certificate of Death form or a Certificate of Death (Medical Examiner's Certificate) form may be permitted by a registrar if:

1. A completed or pending medical certification of the intended registrant's cause of death is unavailable.;

2. Personal data concerning the deceased intended registrant is temporarily unavailable.; or

3. The dead body must be moved immediately out of the Commonwealth.

B. If one or more of the above situations exists and the conditions of subdivision 3 of 12VAC5-550-390 have been complied with by the funeral service licensee when the body is to be moved, any authorized registrar, or registrar's representative, may issue an out-of-state transit permit. Such permit shall be issued upon application by a funeral service licensee and the presentation by the funeral service licensee, over his signature only, of a death certificate form complete in as many known details as possible.

C. A registrar or the registrar's representative may issue an out-of-state transit permit in the circumstances described in subsection B of this section if:

1. The funeral service licensee has complied with the conditions of subsection E of 12VAC5-550-390 when the dead body is to be moved;

2. The funeral director, funeral service licensee, or the intended registrant's next of kin files an Out-of-State Transit Permit form with the registrar or registrar's representative; and

3. A funeral director or funeral service licensee files a provisional death certificate that is signed by the funeral service licensee and is filled out with as many known details as possible, pursuant to §32.1-263 of the Code of Virginia.

C. D. The incomplete death certificate form originally furnished to the registrar as outlined in subsection B of this section is to be placed by the funeral service licensee shall replace a provisional death certificate with a completed death certificate Certificate of Death form or Certificate of Death (Medical Examiner's Certificate) form as soon as the missing data become known are available or the medical certification of the cause of death is obtained, or within 10 days, of the intended registrant's death, whichever occurs first.

D. E. Under emergency the provisions listed in this section and the conditions of subdivision 1 c subsection D of 12VAC12-550-390, 12VAC5-550-390 the death certificate a Certificate of Death form may be filed electronically using electronic media approved by the State Registrar or non-electronically with a registrar other than the registrar at the place of death . , and a Certificate of Death (Medical Examiner's Certificate) form may be filed using electronic media approved by the State Registrar. When a registrar of an area other than the place of death receives a completed death certificate, he shall not sign nor number the certificate, but shall make a notation in the left-hand margin indicating his name and whether or not an out-of-state permit has been issued. The registrar receiving the death certificate shall immediately forward the death certificate to the city or county registrar at the place of death.

A death certificate received by a city or county registrar which contains a signed medical certification of A. The State Registrar or medical certifier may add the cause of death , but the cause is not complete by reason of a pending inquest, investigation, or autopsy should be sent to the State Registrar on the regular reporting date with completed records. If the cause of death is completed by the presentation of a second and complete certificate before the original certificate is sent to the State Registrar, the original incomplete certificate should be marked "VOID." The completed death certificate should be processed as a current certificate and should be forwarded to the State Registrar. If the cause of death is completed by a properly signed query form or other statement, the cause of death information may be added to the incomplete death certificate by the State Registrar. to a Certificate of Death form or Certificate of Death (Medical Examiner's Certificate) form in a "pending" status subject to the following provisions:

1. A medical examiner shall submit the information needed to complete the intended registrant's cause of death to the State Registrar using electronic media approved by the State Registrar. If the medical examiner cannot submit the information electronically, the medical examiner may submit a Medical Certifier Query Letter form, or a written statement that is signed by the medical examiner and includes the intended registrant’s cause of death information, to the State Registrar subject to the conditions of subdivisions 2 and 3 of this subsection.

2. The State Registrar may add the intended registrant’s cause of death information upon receipt from a medical certifier of a Medical Certifier Query Letter form.

3. If the medical certifier is unable to submit a Medical Certifier Query Letter form to the State Registrar to complete the intended registrant’s cause of death information, the medical certifier may instead submit a written and signed statement to the State Registrar that includes the (i) intended registrant’s full name, (ii) intended registrant’s date and place of death; (iii) name of the medical certifier; (iv) signature of the medical certifier and date of signature; (v) certificate number, if known; and (vi) information needed to fill out the intended registrant’s cause of death on the form.

B. When filling out a Medical Certifier Query Letter form, or a written statement to complete cause of death information for a Certificate of Death, the medical certifier shall:

1. Enter the (i) intended registrant’s full name and date and place of death; (ii) medical certifier’s name, signature, and date of signature; (iii) information pertaining to the intended registrant’s cause of death; and (iv) certificate number, if known; and

2. Fill in the items of information necessary to complete the intended registrant’s cause of death, which may include:

a. The time of death, including if the time of death is actual, approximated, or if the time of death is determined based on when the dead body was found;

b. The immediate cause of death;

c. The underlying cause of death;

d. Other significant findings contributing to the death but not resulting in an underlying cause of death;

e. Confirming if the medical examiner was contacted to investigate the death;

f. Confirming if an autopsy was performed on the intended registrant;

g. Confirming if findings were available to complete the cause of death;

h. Confirming if tobacco use contributed to the death;

i. Confirming if the death was external and if the extent is a primary or contributing factor of the intended registrant’s death;

j. Confirming if the death was a military death, and, if a military death, confirming the manner of death as a natural death, death resulting from an accident, death resulting from a suicide, death resulting from a homicide, or if the cause of military death is undetermined or pending; and

k. If the intended registrant is female, confirming if:

(1) The intended registrant was or was not pregnant at the time of death, or was pregnant within the previous year;

(2) The intended registrant was not pregnant at the time of death but was pregnant within forty-three days to one year before the date of death;

(3) The intended registrant was not pregnant at the time of death but was pregnant within forty-two days of death;

(4) It is unknown if the intended registrant was pregnant within the past year; or

(5) The intended registrant's pregnancy information is non-applicable as the intended registrant's age at the time of death is zero to five years old, or seventy-five years old or older.

A. Unless so ordered by a court of competent jurisdiction, a body shall not be disinterred No person may disinter a dead body for removal or transportation until an application for disinterment has been submitted to and approved by the city or county registrar or to the State Registrar . , or until the person receives a court order authorizing disinterment of the dead body.

B. The A funeral director, funeral service licensee, or next of kin shall apply for a disinterment permit with the city or county registrar at the place from which disinterment is to be made using the Permit for Disinterment, Transit, and Reinterment form or electronic media approved by the State Registrar. The county or city registrar at the place of disinterment shall issue three copies of a disinterment permit. in triplicate. One copy shall be retained by the The funeral service licensee to whom issued, one shall retain one copy . filed with the The sexton or person in charge of the cemetery in which of disinterment is to be made, and shall retain one copy . The sexton or person in charge of the cemetery of reinterment shall use one copy to be used during transportation of the dead body as authorization to transport the dead body from the place of disinterment to the place and filed with the sexton or person in charge of the cemetery of reinterment. The State Registrar may issue a letter of authorization in lieu instead of individual permits when numbers of bodies if multiple dead bodies are to be moved in one operation from the same place of disinterment to the same place of reinterment.

C. A disinterment permit shall not be required if a dead body is to be disinterred and reinterred in the same cemetery; however, the sexton or other person in charge of the cemetery shall establish and maintain a factual record relative to the facts of disinterment and reinterment within the cemetery.

D. A dead body kept in a receiving vault shall not be regarded as a disinterred body until 30 days after expiration of 30 days. placement in the receiving vault.

A. For purposes of this section, a "correction affidavit" means a VS32 form, Commonwealth of Virginia - Affidavit for Correction of a Record.

Every application for a correction or amendment B. A registrant of legal age, registrant's parent, or person with knowledge of a birth or death certificate shall be accompanied by appropriate the items to be amended or corrected who is requesting to amend an existing Certificate of Birth shall use the correction affidavit and submit the form along with documentary evidence as follows: pursuant to this section to the State Registrar.

1. Except To amend a name listed on an existing Certificate of Birth, a person shall obtain and submit to the State Registrar a certified or attested copy of a court order changing the name, except as provided in subdivisions 2 and 3 of this section , name changes, other than or for minor corrections in the spelling involving the given names or surname of a registrant , or the given names or surnames of the registrant's 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. the registrant's birth certificate.

a. In cases where If the mother's married surname is listed on a registrant's existing Certificate of Birth instead of her maiden name, the State Registrar may correct the certificate a correction can be made administratively with a correction affidavit and a copy of her birth record. of the mother's birth certificate.

b. In cases where If a registrant can prove that the given name shown on a birth certificate an existing Certificate of Birth was not used or known to the registrant, and this fact can be proven by the registrant, the State Registrar may amend the birth certificate can be amended administratively with primary evidence showing the registrant's name at in use since birth and a correction affidavit.

2. Within one year of birth, The State Registrar may amend the given names listed on a birth certificate an existing Certificate of Birth within one year of may be changed by the date of birth upon receipt of a correction affidavit of: completed by:

a. Both parents;

b. The mother in the case of a child born out of wedlock; with no established paternity;

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

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 instances of hermaphroditism or pseudo-hermaphroditism, the State Registrar may amend the given names of a registrant may be changed on a birth certificate an existing Certificate of Birth. by affidavit of the The State Registrar may amend the certificate if the registrant's parents or legal guardian as listed in subdivision 2 of this section, or by affidavit of the registrant , if 18 eighteen years of age or older . , submits to the State Registrar (i) a signed correction affidavit requesting a correction to the registrant's sex as listed on the registrant's birth certificate due to hermaphroditism, pseudo-hermaphroditism, or ambiguous genitalia; and Additionally, (ii) a statement from signed by a physician must be submitted which certified certifying that the birth record of the registrant registrant's existing Certificate of Birth 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, an applicant shall submit a court order to the State Registrar to change a registrant's name on an existing Certificate of Birth 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. or if the registrant's name has been previously changed on the certificate.

5. Within seven years after the registrant's birth , and upon receipt of a correction affidavit prepared by the registrant's parents, legal guardian, or legal representative, the State Registrar may add given names may be added to a birth certificate an existing Certificate of Birth where such the 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 an existing Certificate of Birth is to be changed more by more than one year , and one day, an applicant shall submit 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. to the State Registrar.

7. If the date of birth on a birth certificate an existing Certificate of Birth is to be changed to one year and one day or less from the date of birth, an applicant shall submit a federal census transcript from the Bureau of the Census shall be required to the State Registrar as documentary evidence.

8. If a federal census transcript cannot be obtained, an the applicant shall submit the following documents to the State Registrar:

a. A correction affidavit shall be obtained which sets forth: that confirms the identity of the incorrect record, existing Certificate of Birth, the incorrect data as it is listed , on the certificate, the correct data as it should be listed , on the certificate, and the documentary evidence supporting the facts. accurate information; and In addition to the affidavit, a

b. A document or certified or true copy of such a document must be obtained which was written established before the registrants' registrant's eighth birth date that confirms and will establish the identity of the certificate to be altered or corrected amended and will support supports the true and registrant's correct facts. date of birth. Any item of a vital record which has been previously corrected may only be changed again by court order.

9. All The State Registrar shall return the documents, except the affidavit, shall be returned to the applicant after review.

C. Any item of a vital record which has been previously changed may only be changed again or amended by court order.

D. The State Registrar may make minor corrections to a spouse’s name as listed on a death certificate administratively. Before the correction may be made to the certificate, the applicant requesting the correction shall submit a correction affidavit and a copy of the spouse’s birth certificate or marriage record reflecting the correct name to the State Registrar.

E. A correction or amendment to information registered on a marriage certificate or a record of divorce or annulment may not be made by the State Registrar until a certified copy of the changes to be made is received from the court certifying the correct information.

F. To amend an existing Certificate of Death pursuant to 12VAC5-550-440, an applicant shall submit a certified copy of a court order obtained pursuant to § 32.1-269.1 of the Code of Virginia, or a correction affidavit and primary or secondary evidence testifying to the amended information to the State Registrar.

G. As applicable to this section and chapter, "secondary evidence" shall be established for at least five years, except death certificate evidence, which may be established for less than five years.

A. Upon request, the State Registrar or the city or county A registrar or the Department of Motor Vehicles shall disclose data or issue certified copies of birth or death records upon request if or information when satisfied that the applicant therefor has a direct and tangible interest in the content of the record certificate to be issued and that the information contained therein is necessary for the determination or protection of personal or property rights. in the certificate. An applicant requesting a certified copy of a birth certificate shall follow the process outlined in 12VAC5-550-100. An applicant requesting a certified copy of a death certificate shall follow the process outlined in 12VAC5-550-110.

B. The State Registrar may disclose vital record data or information upon request if the applicant has a direct and tangible interest in the content of the vital record and the information contained in the vital record.

C. The State Registrar or a city or county registrar may issue a verification of a death record if the applicant has a direct and tangible interest in the content of the certificate to be issued and the information contained in the certificate. To request a death verification, an applicant shall fill out an Application for Certification of a Death Record form in its entirety, sign the form, and submit the form to the State Registrar or a city or county registrar.

B. A direct and tangible interest may be evidenced by requests from the D. The registrant, members of his the registrant's immediate family, his the registrant's legal guardian, or , their respective legal representatives in the case of a birth records. certificate, a legal representative may request certified copies of a vital record by submitting evidence of a direct and tangible interest to a registrar or the Department of Motor Vehicles. Applicants requesting vital record data shall submit the request to a city or county registrar or the State Registrar. Such direct and tangible interest may be evidenced by requests from surviving relatives A surviving relative or their the surviving relative's legal representatives representative may also provide a direct and tangible interest in the case of death records. certificates.

C. For the purposes of securing information or obtaining certified copies of birth records, the term "legal representative" shall include a registrant's attorney; a person with power of attorney for affairs of registrant; an attending physician; or a federal, state or local governmental agency acting in behalf of the registrant or his family.

D. For the purposes of obtaining information of certified copies of death certificates, the term "legal representative" shall include the registrant's funeral service licensee; attorney; person with power of attorney for the affairs of the registrant; insurance company insuring the registrant; a federal, state or local governmental agency acting in behalf of the registrant or his family; a court appointed guardian; or a court appointed administrator.

E. A direct and tangible interest shall may not be evidenced by the biological parents of an adopted child; nor or by commercial firms, agencies, nonprofit or religious organizations requesting listings of names or addresses.

The State Registrar or the city or county registrar may permit allow use of data from vital records for bona fide research purposes subject to reasonable conditions the State Registrar may impose to ensure that if the use of the data is limited to such research purposes.

The State Registrar or the city or county registrar may disclose data from vital records to federal, state, county, or municipal agencies of government which request such the data in the conduct of their official duties; except that vital records governed by §§ § 32.1-261 and records governed by subsection D of § 32.1-274 and E of the Code of Virginia, may only be made available only by the State Registrar for official purposes to federal, state, county, or municipal agencies charged by law with the duty of detecting or prosecuting crime, preserving the internal security of the United States, or for the determination of citizenship.

The State Registrar or the city or a city or county registrar may require written applications for data; the identification of an applicant; or a sworn statement, when it shall seem necessary to establish an applicant's right to information from vital records.

A. Under the provision of The State Registrar and, where applicable, a city or county registrar, may prepare and issue certified copies of vital records pursuant to § 32.1-272 of the Code of Virginia and Part XII (12VAC5-550-470 et seq.) of this chapter , certifications of vital records may be prepared and issued by the State Registrar and, where applicable, by the city or county registrar.

B. The Department of Motor Vehicles may issue certified copies of vital records pursuant to § 32.1-273 of the Code of Virginia.

B. Certifications C. Certified copies of vital records may be made by photostat or other reproduction process, typewriter, or electronic print, except that but may exclude medical and health data on the birth certificate shall not be so certified. the Certificate of Birth.

C. D. The statement to appear on each certification a certified copy of a vital record is to read as follows:

"This is to certify that this is a true and correct reproduction or abstract of the official record filed with the...................Department of Health,......................, Virginia.

Date issued...................

.................................... Registrar"

The registrar will State Registrar shall enter the appropriate city or county name in the spaces provided, date and sign the certification, certified copy, and enter his official title.

D. E. The seal of the issuing office is to Virginia Department of Health - Vital Statistics shall be impressed on the certification. certified copy of a vital record.

E. Short form certifications F. The State Registrar may issue certified copies of birth records certificates that make no reference to parentage. may be issued by the State Registrar.

Certificate of Live Birth, VS1 (eff. 1/93). VS1, Commonwealth of Virginia - Certificate of Live Birth (eff. 06/16).

Certificate of Death, VS2 (eff. 1/89). VS2, Commonwealth of Virginia - Certificate of Death (eff. 06/16).

Certificate of Death (Medical Examiner's Certificate), VS2A (eff. 1/89). VS2A, Commonwealth of Virginia- Certificate of Death Medical Examiner's Certificate (eff. 02/18).

Marriage Register, VS3 (eff. 1/90). VS3, Commonwealth of Virginia - Marriage Return (eff.07/24).

Report of Divorce or Annulment, VS4 (eff. 1/90). VS4, Commonwealth of Virginia - Report of Divorce or Annulment (eff. 07/20).

Report of Spontaneous Fetal Death, VS5 (eff. 1/93). VS5, Commonwealth of Virginia - Report of Spontaneous Fetal Death (eff. 06/16).

Report of Induced Termination of Pregnancy, VS5A (eff. 1/90). VS5A, Commonwealth of Virginia - Report of Induced Termination of Pregnancy (eff. 10/02).

Application for Certification of a Vital Record, VS6 (eff. 7/02). VS6, Commonwealth of Virginia - Application for Certification of a Vital Record (eff. 07/26).

VS6B, Commonwealth of Virginia - Application for Certification of a Birth Record (eff. 07/26).

VS6D, Commonwealth of Virginia - Application for Certification of a Death Record (eff. 07/26).

VS6FD, Commonwealth of Virginia - Application for Certification of a Birth Resulting in a Stillbirth (eff.07/22).

VS6MD, Commonwealth of Virginia - Application for Certification of a Marriage and/or Divorce Record (eff. 07/26).

DL 81, Born in Virginia - Virginia Birth Certificate Application (eff.09/19).

DL 82, Marriage - Divorce - Death Certificate Virginia Vital Record Application (eff. 08/19).

Out-of-State Transit Permit, VS10 (eff. 7/85). VS10, Commonwealth of Virginia - Out-of-State Transit Permit (eff. 07/04).

Permit for Disinterment, Transit, and Reinterment, VS11 (eff. 7/85). VS11, Commonwealth of Virginia - Permit for Disinterment, Transit, and Reinterment (eff. 07/04).

Delayed Certificate of Birth, VS12 (eff. 4/85). VS12, Commonwealth of Virginia - Delayed Certificate of Birth (eff. 04/85).

Report of Adoption, VS21 (eff. 7/85). VS21, Commonwealth of Virginia - Report of Adoption (eff. 08/23).

Acknowledgement of Paternity, VS22 (eff. 9/93). VS22, Acknowledgement of Paternity (eff. 01/24).

VS23, Monthly Report of Vital Statistics (eff. 03/86).

Affidavit for Correction of a Record, VS32 (eff. 1/87). VS32, Commonwealth of Virginia - Affidavit for Correction of a Record (eff. 09/05).

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).

VS42, Form for Changing Sex Designation (eff. 07/20).

VS43, Commonwealth of Virginia - Birth Certificate Amendment Request Form (eff. 07/21).

VS55, Commonwealth of Virginia - Medical Certifier's Query Letter (eff. 03/89).