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Oklahoma Legislature· HB 2922Remove as coauthor Representative(s) Pittman

An act relating to death certificates, the official text

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1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2922               By: Pittman

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6                   AS INTRODUCED

7   An Act relating to death certificates; amending 63

    O.S. 2021, Section 1-321, as amended by Section 4,

8   Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2024, Section

    1-321), which relates to amendment of certificate or

9   records; increasing time limit for correction of a

    death certificate; and providing an effective date.

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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY  63 O.S. 2021, Section 1-321, as

14 amended by Section 4, Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2024,

15 Section 1-321), is amended to read as follows:

16  Section 1-321. A. A certificate or record registered under

17 this article may be amended only in accordance with this article and

18 regulations thereunder adopted by the State Commissioner of Health

19 to protect the integrity and accuracy of vital statistics records.

20  B. A certificate that is amended under this section shall be

21 marked "amended", except as provided in subsection D of this

22 section. The date of amendment and a summary description of the

23 evidence submitted in support of the amendment shall be endorsed on

24 or made a part of the record. The Commissioner shall prescribe by

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1 regulation the conditions under which additions or minor corrections

2 shall be made to birth certificates within one (1) year after the

3 date of birth without the certificate being considered as amended.

4   C. Upon receipt of a certified copy of a court order, from a

5 court of competent jurisdiction, changing the name of a person born

6 in this state and upon request of such person or his or her parent,

7 guardian or legal representative, the State Commissioner of Health

8 shall amend the certificate of birth to reflect the new name.

9   D. When a child is born out of wedlock, the Commissioner shall

10 amend a certificate of birth to show paternity, if paternity is not

11 currently shown on the birth certificate, in the following

12 situations:

13  1. Upon request and receipt of a sworn acknowledgment of

14 paternity of a child born out of wedlock signed by both parents;

15  2. Upon receipt of a certified copy of a court order

16 adjudicating paternity; or

17  3. Upon receipt of an electronic record from the Department of

18 Human Services indicating that an acknowledgement of paternity has

19 been signed by both parents or a court order adjudicating paternity.

20  E. For a child born out of wedlock, the Commissioner shall also

21 change the surname of the child on the certificate:

22  1. To the specified surname upon receipt of acknowledgment of

23 paternity signed by both parents, upon receipt of a certified copy

24 of a court order directing such name be changed or upon receipt of

    Req. No. 11318                                               Page 2
1 an electronic record from the Department of Human Services

2 indicating that an acknowledgement of paternity has been signed by

3 both parents or a court order directs such name change. Such

4 certificate amended pursuant to this subsection shall not be marked

5 "amended"; or

6   2. To the surname of the mother on the birth certificate in the

7 event the acknowledgment of paternity is rescinded.

8   F. The Commissioner shall have the power and duty to promulgate

9 rules for situations in which the State Registrar of Vital

10 Statistics receives false information regarding the identity of a

11 parent.

12  G. If within sixty (60) one hundred eighty (180) days of the

13 initial issuance of a certificate of death, a funeral director, or a

14 person acting as such, requests a correction to any portion of the

15 death record except the information relating to the medical

16 certification portion, due to a scrivener's error, misspelling or

17 other correction of information, the Commissioner of Health, through

18 the State Registrar of Vital Statistics, shall amend the record,

19 provided the request is made in writing or through an electronic

20 system and is accompanied by documentation disclosing the correct

21 information or by a sworn statement of the funeral director. The

22 funeral director, or person acting as such, shall be responsible for

23 any and all amendment fees that may be imposed by the Commissioner

24 of Health for the correction. Up to ten certified copies containing

    Req. No. 11318                                              Page 3
1 the erroneous original information may be exchanged for certified

2 copies containing the corrected information at no additional cost.

3   H. Beginning on the effective date of this act, the biological

4 sex designation on a certificate of birth amended under this section

5 shall be either male or female and shall not be nonbinary or any

6 symbol representing a nonbinary designation including but not

7 limited to the letter "X".

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9   60-1-11318      TJ        12/12/24

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