(1) When a birth, foundling birth, death, or fetal death has occurred in this state but no certificate as to such event has been filed or registered in accordance with the provisions of section 25-2-110 or 25-2-112, a certificate as to such event may be accepted for filing or registration, or both, in accordance with applicable regulations concerning certificates that have not been timely or properly filed or registered. The state registrar shall endorse on the certificate a summary statement of the evidence submitted to substantiate the facts asserted in such certificate. If a certificate is not registered until more than a year after the event, the state registrar shall mark the word Delayed on the face thereof.
(2) When the state registrar finds the certificate or such supplementary evidence as may be required by regulations to be deficient or invalid, the certificate shall not be registered, and the person who requested the registration shall be advised in writing both as to the basis for the alleged deficiency or invalidity and also as to such person's right of appeal. Judicial review of the action of the state registrar may be had in accordance with the provisions of section 24-4-106, C.R.S., but an action for judicial review shall be commenced within sixty days after the date the state registrar gives his notice in writing of his decision. If no action for judicial review is commenced within said period, the state registrar shall return the certificate and all documents submitted in support thereof to the person submitting the same if registration of the certificate has been refused.
Source: L. 67: R&RE, p. 1061, � 1. C.R.S. 1963: � 66-8-14.
25-2-115. Alteration of reports and certificates - amended reports and certificates - rules. (1) A vital statistics report or certificate shall not ever be altered in any way except in accordance with this article 2 and applicable rules. Except for amended birth certificates issued pursuant to section 25-2-113.8 and amended certificates of death issued pursuant to section 25-2-110 (1)(f), the date of alteration and a summary description of the evidence submitted in support of the alteration must be endorsed on or made a part of each vital statistics certificate that is altered. Every vital statistics report or certificate that is altered in any way must be marked Amended, except for amended birth certificates issued pursuant to section 25-2-113.8; amended certificates of death issued pursuant to section 25-2-110 (1)(f); the birth report or certificate of a child altered by the addition of a father's name pursuant to section 25-2-112 (3), in which case, upon request of the parents, the surname of the child shall be changed on the report and certificate to that of the father; or additions and minor corrections made within one year after the date of the statistical event as may be specified by applicable rules. A child's surname may be changed upon affidavit of the parent that the change is being made to conform the child's surname to the parent's legal surname.
(2) Upon receipt of a certified copy of a court order changing the name of a person born in this state and upon request of such person, or upon the request of his parent, guardian, or legal representative if he is under a legal disability, the original certificate of birth shall be amended to reflect the new name thereon.
(3) In the event the state registrar alters a birth certificate or death certificate, he shall promptly report the amendment to any other custodians of the vital statistics record and their records shall be amended accordingly.
(4) Repealed.
(5) When an applicant does not submit the minimum documentation required in the regulations for amending a vital statistics record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or documentary evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital statistics record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to a court of competent jurisdiction.
Source: L. 67: R&RE, p. 1061, � 1. C.R.S. 1963: � 66-8-15. L. 77: (1) amended, p. 1274, � 1, effective May 20. L. 84: (3) amended and (4) and (5) added, p. 748, � 12, effective July 1. L. 2018: (1) amended, (SB 18-095), ch. 96, p. 756, � 15, effective August 8. L. 2019: (1) amended and (4) repealed, (HB 19-1039), ch. 377, p. 3405, � 2, effective January 1, 2020. L. 2025: (1) amended, (HB 25-1109), ch. 73, p. 317, � 4, effective April 17.
Editor's note: Section 5 of chapter 73 (HB 25-1109), Session Laws of Colorado 2025, provides that the act changing this section applies to offenses committed on or after April 17, 2025.
Cross references: For the legislative declaration in SB 18-095, see section 1 of chapter 96, Session Laws of Colorado 2018.