Section 641.99.5. Amendment of certificate of live birth to add first or middle given name—within one year of event.

       99.5(1) The first or middle given name for a child whose birth was reported without a first or middle given name may be amended to add the first or middle given name within one year and prior to the first anniversary of the date of the live birth based upon a completed and notarized Affidavit to Add Child’s Given Name form as provided by the department pursuant to Iowa Code section 144.38. The affidavit shall be submitted to the state registrar by entitled persons in the following descending order of priority:

        a.           The single parent or both parents as shown on the child’s certificate of live birth;

        b.           The mother, in the case of the death or incapacity of the second parent;

        c.           The second parent if listed on the birth certificate, in the case of the death or incapacity of the mother; or

        d.           The legal guardian or agency having legal custody of the child.

       99.5(2) A first or middle given name may be added to the certificate of live birth once in this manner. Thereafter, a first or middle given name shall be changed only upon submission of a court order for a legal change of name from a court of competent jurisdiction pursuant to Iowa Code chapter 674.

       99.5(3) An administrative fee shall be charged and remitted pursuant to 641—paragraph 95.6(1)“b.”

       99.5(4) The original certificate shall be marked “amended” and shall be endorsed on the certified copy. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be made a part of the record.

       99.5(5) The certificate shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).

       99.5(6) Any certified copies of the incorrect certificate shall be surrendered for replacement at no cost. Additional certified copies of the amended certificate may be obtained upon the state registrar’s receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar, and payment of the fee pursuant to rule 641—95.6(144).

[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]