Section 31 Vital Records Outdated Language 3

Said chapter 46 is hereby further amended by striking out section 13, as most recently amended by section 3 of chapter 166 of the acts of 2024, and inserting in place thereof the following section:-
Section 13. (a) If a record relating to a birth, marriage, acknowledgment or adjudication of parentage or death does not contain all the facts required under section 1, or if it is claimed that the facts are not correctly stated therein, the local clerk or state registrar shall receive from the person required by law to furnish the information for the original record, or by credible persons having knowledge of the case, an affidavit containing the missing or corrected facts required to correct or complete the record, accompanied by documentary evidence substantiating such facts beyond a reasonable doubt. Except as hereinafter provided, such amendments shall be made only to reflect the correct information at the time of the event. The minimum documentary evidence to be required shall be specified by regulations promulgated pursuant to section 4 of chapter 17.
(b) Any record filed under this chapter may be amended, corrected or supplemented within 1 year after the date of the event without such affidavit or documentary evidence if allowed by regulations promulgated pursuant to section 4 of chapter 17, except such amendments, corrections or supplements which are expressly provided for hereinafter.
(c) If a person shall have acquired the status of a marital child by the intermarriage of the person's parents and the acknowledgment of the child's other parent or an adjudication of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or any other jurisdiction, the record of the person's birth shall be amended so as to read, in all respects, as if such person had been reported at the time of birth as born to such parents in lawful wedlock.
(d) If a person is born to parents not married to each other or if the person who gave birth and such person's spouse at the time of the birth or conception of the child complete an affidavit denying that the spouse is the parent of the child or if there is an adjudication of nonparentage of the spouse, such person's birth record shall be amended to include the alleged genetic parent's information required by section 1; provided, however, that:
(i) the person who gave birth and the alleged genetic parent have signed and filed an acknowledgment of parentage with the local clerk in the city or town where the birth occurred, the state registrar or the probate and family court having jurisdiction over the parties or the child pursuant to chapter 209C;
(ii) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate;
(iii) there has been an acknowledgment of parentage or a judgment of parentage by a court or administrative agency of competent jurisdiction under the laws of the commonwealth or of another state or a foreign country and 1 of the following persons requests an amendment and presents to the state registrar a copy of such judgment: (A) the parent who gave birth; (B) the other parent named in such acknowledgment or judgment of parentage; (C) the other parent named currently on the birth record; (D) the subject of the record; (E) the legal guardian of the subject; or (F) the legal representative of any of the foregoing;
(iv) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction in the commonwealth and the court orders the state registrar to amend the birth certificate to include the information relating to the other parent; provided, however, that such order may include an order to amend information relating to the name of the child; or
(v) there has been a judgment of parentage by a court or administrative agency of competent jurisdiction in the commonwealth approving or adopting a judgment establishing parentage issued by a court or administrative agency of competent jurisdiction under the laws of another state or a foreign country and the court presents to the state registrar a certified copy of such judgment on a form provided by the state registrar to amend the birth certificate; provided, however, that the local clerk of the city or town where the child was born or the state registrar shall amend the birth certificate consistent with the findings of the court and the certificate shall be required to read, in all respects, as if such information had been reported at the time of such birth; provided further, that the fact that parentage was established after the child's birth shall not be ascertainable from the new certificate but the actual place and date of birth shall be shown; provided further, that the original certificate and the evidence upon which the amended birth certificate was made shall be subject to inspection by the parent who gave birth, the other parent, the subject of the record, any person presumed to be the parent under section 6 of chapter 209C or a government official requiring access for their official duties, including the IV-D agency as set forth in chapter 119A or a legal representative of the subject of the birth record; and provided further, that an order of the probate and family court in the county where the child was born shall be required for anyone else seeking access to the original birth record or the evidence upon which the amended birth certificate was made.
(e)(1) A person who is 18 years of age or older, an emancipated minor or the parent or guardian of a minor may request a change in the sex designation on the person's birth record to a sex designation including, but not limited to, "female", "male" or "X". An "X" designation may indicate that the person is another gender or an undesignated gender. A request for a change in the sex designation on a birth record shall be accompanied by an affidavit executed under the penalty of perjury by the person to whom the record relates or by the parent or guardian of the person if the person is a minor attesting that the request is to conform the person's birth record to the person's gender identity and is not made for any fraudulent purpose; provided, however, that no medical or healthcare related documentation, court order or proof of change of name shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(2) A person who requests a change in the sex designation on the person's birth record pursuant to paragraph (1) may request a change of name on the person's birth record. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(3) A person who has changed the sex designation on the person's birth record pursuant to paragraph (1) but did not request a change of name on the person's birth record pursuant to paragraph (2) may request a change of name on the person's birth record within 3 years from the date of the change in the sex designation on the person's birth record pursuant to said paragraph (1); provided, however, that a person whose sex designation on their birth record was changed while the person was a minor shall have 3 years from the date of their eighteenth birthday to request a change of name on the person's birth record; and provided further, that the department may waive the 3-year limitation for a person that demonstrates good cause, as determined by the department. A request for a change of name on a birth record shall be accompanied by a certified copy of the legal change of name; provided, however, that no medical or healthcare related documentation shall be required by a local clerk, the state registrar or any other official in connection with a request under this paragraph.
(4) Upon joint application by parents, the birth record of a minor child shall be amended to change a parent or parents' names upon receipt by the state registrar or local clerk of a request for a change of name along with a certified copy of the legal change of name or names. A request shall be accompanied by an affidavit executed under the penalty of perjury that the request is to conform the record to a change of name pursuant to paragraph (2) or (3) and is not made for any fraudulent purpose.
(f) If the birth of a child is recorded as that of a marital child, and the nonparentage of the spouse has been legally determined by a court of competent jurisdiction pursuant to the laws of the commonwealth or by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country, or if the birth of a child is recorded as that of a child whose parentage has been acknowledged by the person who gave birth and the other parent and either parent rescinds the acknowledgment as provided in section 11 of chapter 209C or under similar law of another state or foreign country, the birth record shall be amended to remove the other parent's information; provided, however, that:
(i) there has been a notarized rescission filed with the department of public health or a judgment of nonparentage or judgment of divorce by a court under the laws of the commonwealth and the court presents to the state registrar a certified copy of such judgment, together with a form provided by the state registrar to amend the birth certificate; or
(ii) there has been a judgment of nonparentage or judgment of divorce by a court or administrative agency of competent jurisdiction under the laws of another state or foreign country and 1 of the following persons requests an amendment and presents to the state registrar a certified copy of such judgment: (A) the person who gave birth; (B) the parent named in such judgment of nonparentage or judgment of divorce; (C) the subject of the record; (D) the legal guardian of the subject of the record; or (E) the legal representative of any of the foregoing.
(g) If a person shall have been adopted by judicial decree, the local clerk where such person was born or the state registrar shall receive the certificate of such adoption issued under the authority of section 6A of chapter 210 or a certified copy of the decree for such adoption, whether issued by a probate court for the commonwealth or by the appropriate court of any other state or country. Except as hereinafter provided, said clerk or state registrar, after receiving such certificate of adoption or any such certified copy, shall correct the record of birth of the adopted person. If such record or certified copy does not contain the facts required by this section relative to the adopting parents for correcting such record, the local clerk or state registrar shall not correct such record until they have received an affidavit signed and sworn to by the adopting parents, or by the person adopted, furnishing such facts. If a person who was in the custody of the department of children and families is adopted and the adopting parents surrender the person back to the department, that person shall have the right to change the birth certificate back to that person's birth name.
(h) The local clerk or state registrar in receipt of an adoption record pursuant to this section shall, on forms provided by the state registrar, complete an amended, corrected or supplemented record of birth, death or marriage or acknowledgment or adjudication of parentage. The original record of birth, death or marriage or acknowledgment or adjudication of parentage and all returns and index entries in whatever format they are maintained shall be identified as corrected, amended or supplemented. All documentary evidence, including certificates of adoption or certified copies thereof, shall be sent to the state registrar for a permanent filing. If the affidavit is initially submitted to the state registrar, the state registrar shall forward to the local clerk of the municipality where the birth or death occurred, a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the local clerk shall thereupon correct, amend or supplement the record in the office of the clerk. If a copy of the record is sent to the local clerk of the municipality where the parents resided at the time of birth or where the deceased lived at the time of death, the state registrar shall forward to such local clerk a certified copy of the corrected, amended or supplemented record, noting the documentary evidence to substantiate the affidavit, and the local clerk shall thereupon correct, amend or supplement the record in the office of the clerk. Reference to the record of the affidavit or such decree shall be made on the margin of the original record. If the local clerk or state registrar furnishes a copy of such a record, they shall certify the facts contained therein as corrected, amended or supplemented. Except as provided in this section, the local clerk or other official responsible for the keeping of such records shall not release information contained in the original record except upon proper judicial order or when requested by a person seeking their own birth or marriage record or by a person whose official duties, in the opinion of the local clerk or state registrar, entitle them to the information contained in the original record. Death records corrected, amended or supplemented after January 1, 1996, as well as the affidavit of the party seeking the correction, amendment or supplementation of the death record and all documentary evidence or related records submitted in support of such affidavit, shall not be restricted, except for records or other items of documentary evidence submitted in support of the affidavit which are: (i) considered medical records for purposes of paragraph (c) of clause twenty-sixth of section 7 of chapter 4; (ii) restricted by section 2A; or (iii) restricted by judicial order. If the original record has been amended following adoption in accordance with this section, the local clerk or state registrar shall issue information contained in the original record only upon receipt of an order of the probate court for the county in which said adoption was granted or in accordance with section 2B or, in the case of an adoption granted outside the commonwealth, upon receipt of an order of the probate court for the county in which the birth of the adopted person occurred or in accordance with section 2B, instructing said clerk or state registrar to release the information contained in such original record. Evidence contained in the adoption record of a parent's willingness to provide information about their identity to the adopted person shall, except in extraordinary circumstances, be considered sufficient evidence to warrant the granting of an order for release of the information contained in the birth certificate registered prior to adoption. If the corrected, amended or supplemented record is that of a person who has acquired the status of a marital child or whose record has been amended through an adoption decree or whose record has been amended through addition of a named parent or whose record has been amended pursuant to subsection (e), the local clerk or state registrar shall not indicate on such copy that the record has been corrected, amended or supplemented.
(i) An affidavit or a certified copy of the record of any other municipality or of a written statement made at the time by any person since deceased required by law to furnish evidence of said affidavit, may be the basis for completing the record of a birth, marriage or death not containing all the facts required by section 1. No record of birth shall be established for a deceased person more than 5 years after the date of death nor shall a record of marriage be established if both spouses are deceased, except as provided by sections 13A, 13B and 13C.
(j) Upon the adoption of an abandoned child or foundling within the commonwealth the facts of whose birth are not recorded pursuant to sections 1 or 1A, or, if such facts are recorded, cannot otherwise be identified, the state registrar, upon receipt of: (i) an affidavit executed by the adopting parents setting forth all material facts known concerning said abandoned child or foundling; and (ii) an order issued by the commissioner of children and families determining the most probable date of birth of such abandoned child or foundling shall record the facts relative to the birth pursuant to sections 1 or 1A. In addition to any other certificates or copies of records authorized by law, the commissioner may, upon application, issue certificates setting forth the facts concerning an abandoned child or foundling appearing in any records of the department of children and families if no certificate of birth is recorded in the municipality where the abandoned child or foundling was born or the state registry.
(k) If an application to correct or amend a record of birth, marriage or death or a delayed record of a birth, marriage or death is approved, the applicant shall pay a fee as determined by the secretary of administration and finance.
(l) Upon application of both parties to a marriage, the record of such marriage shall be amended to remove the sex of either or both parties to the marriage and, if applicable, to change the name of either or both parties to the marriage. Such application shall be made to the state registrar or local clerk of the city or town where the marriage record was issued and shall include: (i) an affidavit executed by both parties to the marriage on a form provided by the state registrar attesting to their concurrence that the record be amended to remove sex of either or both parties; and (ii) if applicable, a request by a party to the marriage for a change of name along with evidence of the party's legal change of name.