Sometimes a Certificate of Live Birth (commonly referred to a birth certificate) has an error.
Within the first year of the birth of a child an error resulting from a typing or clerical error made by the hospital, an error made when the parent completed the paperwork at the hospital, or a typing or clerical error made by the Department of Vital Statistics. These corrections should be attempted as an administrative correction through the local registrar or the state vital statistics offices.
For some errors the administrative process through the vital statistics offices cannot be used; examples being changes in name due to personal choice or the addition or deletion of a father. Other legal procedures must be followed to correct such information.
An Application for Correction of Birth Record can only be filed with the Court for someone born in Ohio. To correct an Ohio birth record, the application must be filed in the county where the person’s birth occurred, where the person resides, or where the person’s mother resided at the time of birth.
A father’s name cannot be added or deleted from a birth record through birth correction proceedings in the Probate Court. If the parents are not married, contact the Child Support Enforcement Agency in order to gain information regarding the process for adding the father’s name. If the parents are married, contact the Ohio Department of Vital Statistics.
Items necessary to file a Correction of Birth Record:
- A copy of the birth certificate worksheet completed at the hospital by you or by the hospital, if available;
- A certified copy of the “book copy” birth certificate that has the error; not simply a certified copy of the birth abstract (the “book copy” birth certificate contains additional information that is required for these proceedings);
- Application HEA-2783, which must be notarized;
- Must bring at least two (2) pieces of evidence of your birth and identity which can include:
- Certificate of Baptism
- Federal Census Records, Social Security application
- Testimony by one or both parents
- Notarized Affidavit of a witness to the birth
- A letter from the hospital or attending physician
- Family genealogy, family Bible, family history books
- Child’s birth record, as noted above in #2; also a certified copy of the birth certificate for one of your children may provide evidence of your age, place of birth and your, or maiden name at the birth
- Insurance policies, policy applications
- Armed Forces discharge papers
- Diplomas, school records or transcripts, with an original signature from the records secretary
- Supporting Affidavit(s) must be filled out or witnesses will be required to appear to testify on your behalf;
- Copy of Driver’s License or Government issued picture ID of the applicant;
- The base court cost deposit is eighty-seven dollars ($87.00); this amount includes the cost of a birth certificate; and
- Complete the Form listed below.
IMPORTANT NOTE: It will take approximately 3-4 months after the correction is sent to Vital Statistics in Columbus, Ohio to receive the new Certificate of Birth. Once a corrected Certificate of Birth is issued, the incorrect certificate of live birth is then sealed.
Statement in Lieu of Frequently Asked Questions – RC 3705.15. Within the first year following the birth of a child in Ohio, the correction of information contained on Ohio birth certificates can generally be completed through administrative filings with the local registrar and the Division of Vital Statistics, Ohio Department of Health. This includes adding a first name and middle initial when these items do not appear on the original certificate and a small change of the spelling of a name. OH Dept. of Health Form HEA 2726 (Application to File an Affidavit to an Ohio Birth or Death Certificate) is used.
Probate Court involvement is only required when changes are sought more than one (1) year after the birth, when a second correction of a previously corrected item is being made on the birth certificate, or when the item “race” is being corrected. The Court will require an original certified birth certificate sought be changed, the submission of supporting information relating to the change similar to the items required for a delayed birth registration, to wit: school records, baptismal records, military records, hospital records, insurance records and employment records. If there was no attending physician or the attending physician is not available then two (2) supporting affidavits are required. Ohio Dept. of Health Form HEA 2727 may be used for the affidavits.
The action is commenced by the filing of a typewritten “Correction of Birth Record – Application, finding and Order for Correction of Birth Record” (Form HEA 2783) and is completed with the Judge’s signature on the Journal Entry which is then certified and sent to the Division of Vital Statistics, OH Dept. of Health.
If the mother was married at the time of the child’s birth and the husband is listed on the birth certificate, a father change can only be ordered by the Juvenile Court. If there was no father listed on the birth certificate proceedings may be undertaken through the Child Support Enforcement Agency, of the local board of health to voluntarily acknowledge paternity and add the father’s name to the birth certificate. If there is no father on the birth certificate and there is doubt as to paternity or it is contested, the Child Support Enforcement Agency may order genetic testing and if paternity is established (at least a 99% probability of fatherhood) a Determination of Paternity will be issued by the Juvenile Court or the Child Support Enforcement Agency.