69.10(2)
(2) A person with a direct and tangible interest in a vital record may petition a court to order a correction in the record under this section if the state or local registrar with whom the record is filed fails to make the correction.
69.10 History
History: 1985 a. 315.
69.11
69.11
Amendments without court order. 69.11(1)
(1) In this section, "amend" means to change information in an item on a vital record that was incorrect when the vital record was filed or to insert information omitted from an item on a vital record when the vital record was filed.
69.11(2)
(2) If a vital record has been filed, any item on the record may be amended one time under this section.
69.11(3)(a)(a) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar, with satisfactory evidence that information in an item on a vital record was incorrect or omitted when the record was filed, may amend the record except as provided under
par. (b).
69.11(3)(b)
(b) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar may amend the following information on a vital record:
69.11(3)(b)1.
1. Name, sex, date of birth, place of birth, parents' surnames and marital status of parents, if the vital record is a birth certificate and if the amendment is accompanied by a statement which the filing party has submitted to support the amendment.
69.11(3)(b)2.
2. Cause of death, if the vital record is a death certificate and if the amendment is accompanied by a statement which the person who signed the medical certificate part of the death certificate under
s. 69.18 (2) has submitted to support the amendment.
69.11(3)(b)3.
3. Age, if the vital record is a marriage document and if the amendment is accompanied by a statement which the county clerk who issued the marriage license in the marriage document has submitted to support the amendment.
69.11(3)(c)
(c) The following, on a form supplied by the state registrar, may request the state registrar to act under this subsection:
69.11(3)(c)1.
1. Any person with a direct and tangible interest in the record.
69.11(3)(d)
(d) The state registrar shall amend a vital record under this subsection if a local registrar:
69.11(3)(d)1.
1. Notifies the filing party, a certifier of the cause of death or the county clerk responsible for the vital record of the need for correct information;
69.11(3)(d)2.
2. Obtains the correct information from the person notified under
subd. 1.;
69.11(3)(d)3.
3. Changes the information on his or her copy of the vital record; and
69.11(3)(d)4.
4. Sends a notice of the amendment under
subd. 3. to the state registrar.
69.11(3)(e)1.1. If the state registrar determines that a vital record should be amended under this subsection, he or she shall send a notice of the need for an amendment to the filing party, the certifier of the cause of death or the county clerk responsible for the vital record or to the local registrar who filed the record. If the local registrar receives the notice, he or she shall obtain the correct information from the filing party, certifier of the cause of death or county clerk responsible for the vital record, change the information on his or her copy of the vital record and send a copy of the changed record to the state registrar.
69.11(3)(e)2.
2. A filing party who receives a notice under
subd. 1. shall respond to the person who sent the notice within 10 working days after receipt of the notice.
69.11(4)(a)(a) Except as provided under
par. (b), the state registrar may not amend any vital record if 365 days have elapsed since the occurrence of the event which is the subject of the vital record unless the state registrar has received a court order to make the amendment under
s. 69.12.
69.11(4)(b)
(b) If 365 days have elapsed since the occurrence of the event which is the subject of a birth certificate, the state registrar may amend an item on the birth certificate which affects information about the name, sex, date of birth, place of birth, parents' surnames or marital status of the mother on a birth certificate if the amendment is at the request of a person with a direct and tangible interest in the record on a request form supplied by the state registrar and if the amendment is accompanied by 2 items of documentary evidence sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment.
69.11(5)(a)(a) If the state or local registrar, under this section or under
s. 69.15, changes the face of a vital record registered or filed in his or her office, the registrar shall:
69.11(5)(a)1.
1. Insert any information that was omitted when the vital record was filed.
69.11(5)(a)2.
2. If the amendment changes information on the record:
69.11(5)(a)2.a.
a. Strike out, but maintain the legibility of, the changed information and insert any new information;
69.11(5)(a)2.b.
b. Enter any notation of support in the margin of the record; and
69.11(5)(a)2.c.
c. Sign the amendment and insert a note that the record has been amended.
69.11(5)(b)
(b) If under
sub. (4) (b) the state or local registrar makes an amendment other than on the face of the original copy of a vital record, he or she shall file an amendment form which includes an affidavit by the person requesting the amendment, the information which is stricken, the information inserted and an abstract of the documents supporting the amendment.
69.11 History
History: 1985 a. 315.
69.12
69.12
Entry of true facts by court order. 69.12(1)
(1) If the state registrar cannot make an amendment to a vital record under
s. 69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred. The petition shall be accompanied by a certified copy of the original vital record. If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under
s. 69.22 (5) (a) 2. Upon receipt of the report, the state registrar shall, if information as to the cause of death on the original certificate of death is changed, act under
sub. (4), or shall change the record under
s. 69.11 (5) and send a notice of the change to the local registrar who shall make the change in the record filed in his or her office.
69.12(2)
(2) A court may not order amendment of the names of the parents of a registrant on a birth certificate on the grounds of termination of parental rights or termination of custody.
69.12(3)
(3) The state registrar shall amend under
s. 69.11 (5) an item on a birth certificate as directed by an order under this section.
69.12(4)(a)(a) If information as to the cause of death on the original certificate of death is changed under the court's determination under
sub. (1) and the court in accordance with the petition orders the creation of a new certificate of death, the state registrar shall do all of the following:
69.12(4)(a)1.
1. Prepare a new certificate of death, omit the changed information, including the name of the physician, coroner or medical examiner who certified the cause of death and enter any other original and any new information, including the name of the judge and the date of the order, sign the new information, enter any notation of support in the margin of the record and insert a note that the certificate of death has been amended.
69.12(4)(a)2.
2. Register a new certificate of death created under this subsection and impound the original certificate and all correspondence, affidavits, court orders and other related materials and prohibit access except by court order or except by the state registrar for processing purposes.
69.12(4)(a)3.
3. Send a copy of any new certificate of death registered under this subsection to the local registrar who filed the original of the replaced certificate of death.
69.12(4)(b)
(b) Upon receipt of the copy under
par. (a) 3., the local registrar shall destroy his or her copy of the replaced certificate of death and file the new certificate of death.
69.12 Annotation
A court acting under sub. (1) acts as a fact finder, independently reviewing the evidence presented by the petitioner. There is a presumption of validity in the findings in a death certificate and the petitioner has the burden of rebutting the presumption by the greater weight of the credible evidence. Sullivan v. Waukesha County, 218 W (2d) 458, 578 NW (2d) 596 (1998).
69.14
69.14
Registration of births. 69.14(1)(a)1.1. Except as provided under
subd. 2., a certificate of birth for every birth which occurs in this state shall be filed in the registration district in which the birth occurs within 5 days after the birth and shall be registered under this subchapter.
69.14(1)(a)2.
2. A filing party shall send a certificate of birth for a birth in a city which has a local health department that is not a registration district to the local health department if the local health department has a maternal-child visitation or information program, if the local health department has filed with the state registrar a request that the certificate be sent to it and if the state registrar has approved the request. The state registrar may revoke his or her approval at any time.
69.14(1)(a)3.
3. Any local health department that accepts original birth certificates under
subd. 2. shall:
69.14(1)(a)3.a.
a. Make a copy of the certificate and forward the original to the register of deeds within 2 days;
69.14(1)(b)
(b)
Accuracy. Either parent of a child who is the subject of a birth certificate, or, if neither parent is available, another person with knowledge of the facts of the birth, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within 5 days after the birth.
69.14(1)(c)
(c)
Filing party. A birth certificate shall be prepared and filed by the following:
69.14(1)(c)1.
1. If the birth occurs at or on route to a hospital, the hospital administrator or his or her designee;
69.14(1)(c)2.
2. In the absence of a person under
subd. 1., the physician in attendance at or immediately after the birth;
69.14(1)(c)3.
3. In the absence of a person under
subd. 1. or
2., any other person in attendance at or immediately after the birth; or
69.14(1)(c)4.
4. In the absence of a person under
subds. 1. to
3., the father or mother, or in the absence of the father and the inability of the mother, the person responsible for the premises where the birth occurs.
69.14(1)(cm)
(cm) Information concerning paternity. For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under
s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under
s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. From the appropriation under
s. 20.445 (3) (mc), the department of workforce development shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.
69.14(1)(d)1.1. On a birth certificate the place of birth shall be the place where the placenta is removed except as provided under
subd. 2.
69.14(1)(d)2.
2. If a birth occurs in a conveyance within the United States and the birth child is first removed from the conveyance in this state, the birth shall be filed in this state and the place where the birth child is first removed from the conveyance shall be the place of birth on the birth certificate. If a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the birth child is first removed from the conveyance in this state, a birth certificate for the child shall be filed in this state and the place of birth on the birth certificate shall be the actual place of birth as determined by the filing party.
69.14(1)(e)1.1. If the mother of a registrant under this section was married at any time from the conception to the birth of the registrant, the name of the husband of the mother shall be entered on the birth certificate as the legal father of the registrant. The name of the father entered under this subdivision may not be changed except by a proceeding under
ch. 767.
69.14(1)(e)2.
2. If the mother was not married at any time from the conception to the birth of a registrant under this section, no name of any alleged father of the registrant may be entered as the father on the birth certificate except as provided under
s. 69.15 (3). If under this subdivision the name of the father of the registrant of a birth certificate is omitted from the certificate, no other information about the father may be entered on the certificate.
69.14(1)(f)1.a.a. Except as provided under
subd. 1. b., if the mother of a registrant of a birth certificate under this section is married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother and father of the registrant enter for the registrant on the birth certificate shall be the given name and surname filed and registered on the birth certificate.
69.14(1)(f)1.b.
b. If the mother of a registrant of a birth certificate under this section is married to the father of the registrant at any time from the conception to the birth of the registrant and the mother is separated or divorced from the father of the registrant at the time of birth, the given name and surname which the parent of the registrant with actual custody enters for the registrant on the birth certificate shall be the given name and surname filed and registered on the birth certificate, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate shall be the given name and surname filed and registered on the birth certificate.
69.14(1)(f)1.c.
c. If the mother of a registrant of a birth certificate under this section is not married to the father of the registrant at any time from the conception to the birth of the registrant, the given name and surname which the mother of the registrant enters for the registrant on the birth certificate shall be the given name and surname filed and registered on the birth certificate, except that if a court has granted legal custody of the registrant, the given name and surname which the person with legal custody enters for the registrant on the birth certificate shall be the given name and surname filed and registered on the birth certificate.
69.14(1)(f)2.
2. If no surname has been entered for a registrant within 5 days after the registrant's birth, the filing party shall file a birth certificate for the registrant without entering a surname on the birth certificate. The state registrar and any local registrar may not issue any certified copy of the birth certificate until a surname is entered under this paragraph.
69.14(1)(g)
(g)
Birth by artificial insemination. If the registrant of a birth certificate under this section is born as a result of artificial insemination under the requirements of
s. 891.40, the husband of the woman shall be considered the father of the registrant on the birth certificate. If the registrant is born as a result of artificial insemination which does not satisfy the requirements of
s. 891.40, the information about the father of the registrant shall be omitted from the registrant's birth certificate.
69.14(1)(h)
(h)
Surrogate mother. If the registrant of a birth certificate under this section is born to a surrogate mother, information about the surrogate mother shall be entered on the birth certificate and the information about the father shall be omitted from the birth certificate. If a court determines parental rights over the registrant, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, along with the fee required under
s. 69.22. Upon receipt of the report, the state registrar shall prepare and register a new birth certificate for the registrant under
s. 69.15 (6) and send a copy of the new certificate to the local registrar who filed the original certificate. Upon receipt of the copy, the local registrar shall destroy his or her copy of the replaced certificate and file the new certificate.
69.14(2)(a)(a)
Registration 6 to 365 days after birth. If a birth certificate is filed 6 to 365 days after the date of birth, the filing party shall use the form used for birth certificates filed under
sub. (1). Before registering the certificate, the state registrar may require additional evidence in support of the facts of birth and an explanation of why the birth certificate was not filed under
sub. (1). If a birth certificate filed under this subsection is signed by a person other than the person attending the birth or the person managing the institution where the birth occurred or its medical records, the state registrar may require a notarized statement of why the certificate was not filed under
sub. (1).
69.14(2)(b)
(b)
Registration more than 365 days after birth. 69.14(2)(b)1.1. If more than 365 days have elapsed since the birth of a person born in this state and a certificate of the birth has not been filed in this state, such person or the parent or guardian of the person, if the person is living, may request that the state registrar register a birth certificate for the person under this paragraph.
69.14(2)(b)2.
2. Any person requesting a birth certificate under this paragraph shall establish the following facts by evidence documented under
subd. 3.:
69.14(2)(b)2.a.
a. The full name of the registrant given after the time of birth.
69.14(2)(b)2.d.
d. The full name of the father, except that if the mother was not married at the time of conception or birth or between conception and birth of the registrant, the name of the father may not be entered except as provided under
s. 69.15 (3).
69.14(2)(b)3.a.a. As evidence of the name, date and place of birth of a registrant for whom a birth certificate is requested under this paragraph, the person requesting the birth certificate shall present at least 2 pieces of documentary evidence for each item if the record is filed prior to 7 years after the date of birth or at least 3 pieces of documentary evidence for each item if the record is filed 7 years or more after the date of birth. Only one piece of documentary evidence per item may be an affidavit of personal knowledge.
69.14(2)(b)3.b.
b. As evidence of the parents of a registrant for whom a birth certificate is requested under this paragraph, the person requesting the birth certificate shall present at least one document which is not an affidavit of personal knowledge.
69.14(2)(b)3.c.
c. No document presented under this subdivision may be from a source which is the same as the source for any other such document. Every such document shall be in the form of the original document, shall be a duly certified copy of the original or shall be a signed statement from the custodian of the document.
