Birth Correction

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.

Use the Court’s Checklist, found below, to ensure all required forms are filed.

IMPORTANT NOTE: It will take approximately 3-4 months to process the correction after it is sent to Vital Statistics in Columbus, Ohio. Once a correction is made to a Certificate of Birth, 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 a certified copy of the 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 oremployment records. If there was no attending physician or the attending physician is not available then two (2) supporting affidavits are required. 

The action is commenced by the filing of the standard probate form and is completed with the Judge’s signature on the Entry, which is then certified and sent to the Division of Vital Statistics, Department 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.

Standard Probate Forms 

For all Standard Probate Forms click  here.

For Checklists and Forms exclusive to Shelby County Probate Court, see the forms section below.

COURT CHECKLIST AND FORMS

Birth Correction Checklist

Fee Waiver Affidavit & Order

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