Amending a Birth Certificate

If the birth occurred in New York City

The New York State Department of Health does not file and cannot issue copies of, or make changes to, New York City birth certificates. To correct a birth certificate for a birth that occurred in one of the five (5) boroughs of New York City (Manhattan - New York County, Brooklyn - Kings County, Queens, Bronx, and Staten Island - Richmond County), please visit the New York City Department of Health and Mental Hygiene web site.

Where to Write?

If the birth occurred in New York City any correspondence regarding an amendment to a birth record should be sent to:

NYC Department of Health and Mental Hygiene
Corrections Unit
125 Worth Street, Room 144, CN-4
New York, NY 10013

If the birth occurred in New York State (outside of New York City) any correspondence regarding an amendment to a birth record should be sent to:

New York State Department of Health
Vital Records Amendment Unit
P.O. Box 2602
Albany, NY 12220-2602

What is a Birth Amendment?

Public Health Law authorizes the New York State Department of Health to file an amended birth certificate, in place of a certificate that is already on file, when there is an adoption, a legal name change, a voluntary acknowledgment of paternity or a judicial determination of parentage. Additionally, an amendment may occur when a parent, who is not on the birth certificate but was married to the mother at the time, is added to the birth certificate.

When the amended certificate is placed on file, the original birth record is placed under seal.

Who can request a Birth Amendment?

The child named on the birth certificate (if 18 years of age or older), the parents named on the birth certificate or the legal guardian of the child may request a birth amendment.

A birth record may also be amended when the New York State Department of Health receives a judicial determination of parentage or a court order (from a court of competent jurisdiction) directing the New York State Department of Health to amend a birth certificate.

QUESTION: What is a court of competent jurisdiction?

How can I request to have a birth record amended?

This depends on the nature of the change that is being sought. Following are the types of changes that can be made by amending a birth certificate.

• Adoption

  Important Notes:

  • Child born out of state:

    If the child was born in the U.S. outside of New York State, you should contact the Vital Records office of the state where the birth occurred for information about getting an amended certificate.

    You can find contact information for state Vital Records offices on the Centers for Disease Control and Prevention (CDC) web site.

  • Foreign Adoption:

    If you adopted a child born outside of the U.S. while you were a resident of New York State, visit our Certificate of Birth Data for Foreign Adoption page for information.

  When an adoption is finalized, the court will generally submit adoption documents to the state Vital Records office. For a child born in New York State, when the adoption documents are received by the New York State Department of Health, the birth certificate is amended with the information provided by the court.

  If the adoption is finalized in another state, it may be up to the adoptive parents or their attorney to submit the necessary documents to the New York State Department of Health. Check with the court which finalized the adoption to determine if they submit a Report of Adoption (sometimes called a Certificate of Adoption) to the state Vital Records office. If not, you or your attorney may submit a court certified copy of the report to the address below.

  New York State Department of Health
  Vital Records Amendment Unit
  P.O. Box 2602
  Albany, NY 12220-2602
  

  One copy of the amended birth certificate will be issued free of charge once the case has been processed. For additional copies, include a check or money order payable to the New York State Department of Health for $30.00 for each additional copy.

  You can find adoption forms and a Frequently Asked Questions page on the New York State Unified Court System web site.

  Information about adopting a child is available from the Office of Children and Family Service.

• Legal Name Change

  Important Notes:

  • By Marriage: If you change your name by marriage, your birth certificate is not changed to reflect your married name. The name on your birth certificate remains the same, this is known as your birth name (sometimes referred to as a maiden name).

    You may need to present a certified copy of your marriage record to agencies requiring documentation of your name change. Contact the individual agencies (such as the NYS Department of Motor Vehicles or Social Security Administration) for information about their requirements.

  • By Usage: Every person has the right to adopt any name by which he or she wishes to be known simply by using that name consistently and without intent to defraud. However, this does not change the name on your birth certificate and you may have difficulty documenting your identity.

    Contact the individual agencies (such as the NYS Department of Motor Vehicles or Social Security Administration) for information about their requirements.

  Some state will allow you to change your legal name through an administrative (rather than a judicial) process. However, New York State Public Health Law requires a court order before your birth certificate can be amended to reflect your new name.

  Most courts do not submit legal name change orders directly to the New York State Department of Health. If your name was legally changed by a court and you were born in New York State (outside of New York City), you should submit the following documents:

  1. A cover letter requesting a Name Change for the birth certificate. The letter must be from:
     • The individual on the record (if 18 years of age or older);
     • A parent on the record (if child is under 18 years of age);
     • Or from the legal guardian of the child (guardian must include a current, court certified copy of the guardianship order).
  2. Include the following information:
     • Your current address;
     • The new name as it should appear on the amended certificate;
     • A daytime phone number where we may contact you if necessary;
     • The following information as it appears on the original birth certificate:
       • Name at birth;
       • Date of birth;
       • Place of birth (city, town or village);
       • Mother's full maiden name;
       • Father/parent's full name.
  3. Court certified name change order with full details of legal name change (must be an original court certified copy bearing the seal of the court);
  4. Proof of publication, if publication is required by the court as a condition of the name change (for example, the court may require publication of the intended name change in a newspaper notification for one week), then you must submit a copy of the publication, a notification of publication from the newspaper or a notification from the court that all requirements of the name change order have been met.

  One copy of the amended birth certificate will be issued free of charge once the case has been processed. For additional copies, include a check or money order payable to the New York State Department of Health for $30.00 for each additional copy.

  Send to:

  New York State Department of Health
  Vital Records Amendment Unit
  P.O. Box 2602
  Albany, NY 12220-2602
  

• Adding a second parent to the birth certificate

  • Voluntary Acknowledgment of Paternity (AOP)

    Only if the mother was not married to anyone at anytime during the pregnancy or when the child was born.

    Both the mother and father must complete and sign the Acknowledgment of Paternity (LDSS-4418) form. Both signatures must be witnessed by two individuals unrelated to the mother and father.

    The Acknowledgment of Paternity (LDSS-4418) must be signed after the birth of the child.

    If you complete the Acknowledgment of Paternity (LDSS-4418) in the hospital or at a social services agency, the original will be filed for you.

    If you are signing an Acknowledgment of Paternity (LDSS-4418) without assistance from a hospital or social services agency, you must file the original with the Registrar of Vital Statistics in the city, town, village or county district where the birth occurred.

  • Wedding Filiation to Add Spouse to Birth Certificate

    Only if the mother and spouse were married to each other at the time of birth and the mother was not married to anyone else during pregnancy or when the child was born.

    Submit a copy of the marriage record along with a completed and notarized affidavit from each parent. Affidavit form DOH-4092M is to be completed by the mother and affidavit form DOH-4092H is to be completed by the father/spouse.

    These forms must be signed before a Notary Public.

    Both parents must agree on how the child's name should appear on the new birth certificate. Otherwise, the child's name will remain as it appears on the original birth certificate. In this case, a court order will be required to subsequently change the child's name.

  • Court Order to Add, Remove or Change a Parent

    If the mother was married to someone other than the spouse to be added, then a court order is required.

    Also, if one or both parents are unable or unwilling to execute an Acknowledgment of Paternity or Affidavit to Add Spouse (see above) then a court order is required to add a parent to the birth certificate.

    In these cases, a parent can be added to the record only by court order. For information about obtaining an Order of Filiation, visit the New York State Unified Court System web site.

    A parent can be removed from a record or replaced on a record only by court order.

If you received an amended record you did not request

If you received an amended birth certificate but you did not request one, check to see if the father's name has been added or removed. This happens when the Department of Health receives a notification from the court to make the change.

If you have been to court for child support, please contact the court for further assistance. If you are receiving public benefits, please contact your local department of social services for further assistance.

If you received an amended record but there is an error on it

If you received an amended birth certificate but you believe there is an error on the record, return the original certified copy of the amended record along with a signed and dated letter listing the item in error and the correct information, your current name and your address.

We will compare the record to the amendment documents and correct any errors, create a new certified copy of the corrected certificate and return it by First Class Mail.

Send to:

New York State Department of Health
Vital Records Amendment Unit
P.O. Box 2602
Albany, NY 12220-2602