Or. Admin. R. 333-011-0273

Current through Register Vol. 63, No. 9, September 1, 2024

Section 333-011-0273 - Amended Records in Support of Gender Identity

(1) Upon receipt of an application to change the name of a registrant under OAR 333-011-0271 or to change the sex of a registrant under OAR 333-011-0272, including documentation required and payment of the amendment fee, the application will be reviewed by the Center for Health Statistics to determine if the record can be changed administratively. The record shall be changed administratively if all of the following are true:

(a) Applicant is qualified by their relationship to the registrant on the record of live birth;

(b) Registrant is born in Oregon;

(c) The record of live birth has been identified;

(d) All required documentation under OAR 333-011-0271 and 333-011-0272 has been submitted; and

(e) No amendment has previously occurred to the items requested to be changed under OAR 333-011-0271 or OAR 333-011-0272.

(2) If the request is only to change the name and the record can be changed administratively, the record of live birth will be amended to show the new name and a notation of the amendment will be placed on certified copies of the record of live birth. The notation will include what item was changed, that the change was made by administrative request, the date the change was made, and the name of the state registrar authorizing the amendment.

(3) If change of sex is requested, alone or in combination with change of name, and the record can be changed administratively, a new record of live birth will be created that includes the new sex and the new name if applicable. No notation of the change will appear on certified copies of the record of live birth.

(4) The applicant will be notified of the approval by correspondence that includes the previous information, the new information and the date of birth of the registrant. A copy of the application form used to request the change will be included with the correspondence prior to the file being sealed for use by the registrant in documenting the change in identity.

(5) All supporting documentation including the application form used to request the change and correspondence sent to the applicant will be placed in a sealed file. If a new record of live birth has been created, the previous record of live birth will also be placed in the sealed file.

(6) If eligibility is not confirmed, the applicant will receive written notice that the application is denied, the reason for the denial and the process to contest the agency decision.

Or. Admin. R. 333-011-0273

PH 15-2017, adopt filed 11/03/2017, effective 1/1/2018

Statutory/Other Authority: ORS 432.015, ORS 432.235 & 432.245

Statutes/Other Implemented: ORS 432.235 & 432.245