§338-17.7  Establishment of new certificates
of birth, when.  (a)  The department of health shall establish, in the
following circumstances, a new certificate of birth for a person born in this
State who already has a birth certificate filed with the department and who is
referred to below as the “birth registrant”:



(1)  Upon receipt of an affidavit of paternity, a
court order establishing paternity, or a certificate of marriage establishing
the marriage of the natural parents to each other, together with a request from
the birth registrant, or the birth registrant’s parent or other person having
legal custody of the birth registrant, that a new birth certificate be prepared
because previously recorded information has been altered pursuant to law;



(2)  Upon receipt of a certified copy of a final
order, judgment, or decree of a court of competent jurisdiction that determined
the nonexistence of a parent and child relationship between a person identified
as a parent on the birth certificate on file and the birth registrant;



(3)  Upon receipt of a certified copy of a final
adoption decree, or of an abstract of the decree, pursuant to sections 338-20
and 578-14;



(4)  Upon receipt of an affidavit of a physician that
the physician has examined the birth registrant and has determined the
following:



(A)  The birth registrant’s sex designation was
entered incorrectly on the birth registrant’s birth certificate; or



(B)  The birth registrant has had a sex change
operation and the sex designation on the birth registrant’s birth certificate
is no longer correct; provided that the director of health may further
investigate and require additional information that the director deems
necessary; or



(5)  Upon request of a law enforcement agency
certifying that a new birth certificate showing different information would
provide for the safety of the birth registrant; provided that the new birth
certificate shall contain information requested by the law enforcement agency,
shall be assigned a new number and filed accordingly, and shall not substitute
for the birth registrant’s original birth certificate, which shall remain in
place.



(b)  When a new certificate of birth is
established under this section, it shall be substituted for the original
certificate of birth.  Thereafter, the original certificate and the evidence
supporting the preparation of the new certificate shall be sealed and filed. 
Such sealed document shall be opened only by an order of a court of record. [L
1973, c 39, §1; am L 1975, c 66, §2(3); am L 1979, c 130, §1 and c 203, §1; am
L 1982, c 4, §1; am L 1983, c 65, §1; am L 1984, c 167, §1; am L 1993, c 131,
§2]