§338-17.7  Establishment of new certificatesof birth, when.  (a)  The department of health shall establish, in thefollowing circumstances, a new certificate of birth for a person born in thisState who already has a birth certificate filed with the department and who isreferred to below as the “birth registrant”:

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

(2)  Upon receipt of a certified copy of a finalorder, judgment, or decree of a court of competent jurisdiction that determinedthe nonexistence of a parent and child relationship between a person identifiedas a parent on the birth certificate on file and the birth registrant;

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

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

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

(B)  The birth registrant has had a sex changeoperation and the sex designation on the birth registrant’s birth certificateis no longer correct; provided that the director of health may furtherinvestigate and require additional information that the director deemsnecessary; or

(5)  Upon request of a law enforcement agencycertifying that a new birth certificate showing different information wouldprovide for the safety of the birth registrant; provided that the new birthcertificate shall contain information requested by the law enforcement agency,shall be assigned a new number and filed accordingly, and shall not substitutefor the birth registrant’s original birth certificate, which shall remain inplace.

(b)  When a new certificate of birth isestablished under this section, it shall be substituted for the originalcertificate of birth.  Thereafter, the original certificate and the evidencesupporting 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. [L1973, c 39, §1; am L 1975, c 66, §2(3); am L 1979, c 130, §1 and c 203, §1; amL 1982, c 4, §1; am L 1983, c 65, §1; am L 1984, c 167, §1; am L 1993, c 131,§2]