Birth Certificate Correction

If a birth certificate contains incorrect information pertaining to your first name, middle name, or sex, Miss. Code Ann. 41-57-21 governs.  Pursuant to Miss. Code Ann. 41-57-21, filing a petition with the appropriate chancery court is not required in all cases.  An alternative procedure involves obtaining affidavits of at least two reputable people who have personal knowledge of the related facts.  Therefore, parents and older relatives are appropriate individuals to sign sworn affidavits.  In order to start the process, a copy of your birth certificate and a statement indicating the error(s) is submitted to the Mississippi State Board of Health.  After receipt of these documents, the affidavits are mailed to individual requesting correction of his or her birth certificate.  The affidavits and the required fee are presented to the State Registrar of Vital Records who has the authority to correct these types of errors.  If deemed appropriate, the erroneous birth certificate will be corrected without the need for involvement of the court system.  However, if the State Registrar of Vital Records refuses to alter your birth certificate, a petition must be filed in the chancery court of your county of residence.  If the court grants your request to alter your birth certificate, the State Board of Health will comply with the provisions of the decree that command the agency to alter your birth certificate.

 

Miss. Code Ann. 41-57-23 governs correction of a birth certificate with any of the following errors or omissions:  (1) surname, (2) the surname of one or both parents, (3) place of birth, (4) alteration of date of birth by at least two days from the stated date, and (5) those related to legitimation, filiation or any changes not specifically authorized elsewhere by statute.  In the event that this statutory provision is applicable, a petition must be filed with the appropriate chancery court.  If you are a resident of the State of Mississippi, the petition must be filed in the chancery court of your county of residence.  If you are not a resident of the State of Mississippi, the petition can be filed in any chancery court of the State of Mississippi.  The State Board of Health is made a party to the proceeding.  If the court grants your request to alter your birth certificate, the State Board of Health will comply with the provisions of the decree that command the agency to alter your birth certificate.


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