69.05(3m)
(3m) If the mother of a registrant of a birth certificate resides in a city and the birth certificate is not filed in such city, send a copy of the birth certificate to the local health department with jurisdiction for the city if:
69.05(3m)(a)
(a) The local health department has a maternal-child visitation or information program;
69.05(3m)(b)
(b) The local health department has requested the copy and notified the state registrar of its request; and
69.05(3m)(c)
(c) The state registrar has approved the request.
69.05(4)
(4) Preserve, amend and certify vital records under this subchapter by photographic, electronic or other means as directed by the state registrar, except that a local registrar may destroy birth certificates on file for more than 365 days if the state registrar determines that the local registrar has access through the state registrar's computer database to the information necessary to issue certified copies under s.
69.21 (1) (b) 2. 69.05(5)
(5) Enforce this subchapter in his or her registration district and report to the state registrar in writing any violation upon receipt of knowledge of the violation.
69.05(7)
(7) Send a note of the designation of a deputy to the state registrar no later than one working day after the designation takes effect. The notice shall include a copy of the deputy's signature and the effective date of the designation.
69.05 Annotation
A local registrar has no power to adopt procedures more stringent than those directed by the state registrar for issuing certified copies of a vital record under s. 69.21 (1).
80 Atty. Gen. 35.
69.06
69.06
Duties of city registrars. A city registrar shall:
69.06(1)
(1) Accept for filing, sign and assign a date of acceptance to every original certificate of birth and death which he or she has been approved to register under
s. 69.04 and which is properly presented in his or her office.
69.06(2)
(2) Make, file and index an exact copy of every certificate accepted under
sub. (1).
69.06(3)
(3) No later than 5 working days after receipt of the original of any vital record accepted under
sub. (1), transmit a clear, reproducible photocopy of the original to the register of deeds of the county in which the event which is the subject of the record occurred.
69.06(4)
(4) Designate in writing a deputy to perform the city registrar's duties under this section during the city registrar's absence, illness or disability.
69.06(5)
(5) Destroy, within 365 days after receipt, any copy of a birth certificate received under
s. 69.05 (3m). A city registrar may not issue such copy to any person.
69.06 History
History: 1985 a. 315.
69.07
69.07
Duties of register of deeds. The county register of deeds shall:
69.07(1)
(1) Accept for filing, sign and assign a date of acceptance to every original vital record properly presented in his or her office.
69.07(2)
(2) Make, file and index an exact copy of every vital record accepted under
sub. (1) or received under
s. 69.05 (3).
69.07(3)
(3) Designate a deputy appointed under
s. 59.43 (3) to perform the register of deeds' duties under this section during the register of deeds' absence, illness or disability.
69.07 History
History: 1985 a. 315;
1995 a. 201.
69.08
69.08
Requirements for registration. The state registrar may not register a vital record unless the record:
69.08(1)
(1) Is on a form supplied for the record by the state registrar.
69.08(2)
(2) Is prepared on a typewriter with unworn black ribbon or printed legibly in black permanent ink applied directly to the form paper.
69.08(3)
(3) Supplies all items of information required by the form or gives a reason approved by the state registrar for the omission of any item.
69.08(4)
(4) Contains proper and consistent data.
69.08(5)
(5) Contains the signatures which are required on the form and which are written in black permanent ink applied directly to the form paper.
69.08(6)
(6) Is free of correction fluid, correction tape and erasures and is free of any alteration made without a written explanation which has been approved by the state registrar.
69.08(7)
(7) Contains the dated signature of the local registrar.
69.08(8)
(8) Is prepared under rules promulgated by the department.
69.08 History
History: 1985 a. 315.
69.09
69.09
Corrections prior to filing. If prior to filing a vital record a local registrar determines that the record has an omission or error in information, the local registrar shall return the record to the filing party for correction or replacement, except as provided under
s. 69.10 (2). The filing party shall correct or replace any such record within 5 working days after it is received by the filing party.
69.09 History
History: 1985 a. 315.
69.10
69.10
Correction of obvious errors. 69.10(1)
(1) Until 365 days after the occurrence of an event which is the subject of a vital record:
69.10(1)(a)
(a) The state registrar may return a vital record to a local registrar for correction under
s. 69.09 if the state registrar determines that the record should not have been filed prior to correction.
69.10(1)(b)
(b) The state registrar or a local registrar may correct an error in the record if he or she determines that the error is obviously inadvertent.
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, the petitioner has the burden of rebutting the presumption by the greater weight of the credible evidence. Sullivan v. Waukesha County,
218 Wis. 2d 458,
578 N.W.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:
