North Carolina Administrative Code

10A NCAC 41H .0105 MONTHLY VITAL STATISTICS REPORT The local registrar shall include with each mailing of vital records to the State Registrar, a monthly vital statistics report on a form prescribed by the State Registrar which will be a tally of all records by type of record, by…

SECTION .0200 - LOCAL REGISTRARS, DEPUTY REGISTRARS, SUBREGISTRARS 10A NCAC 41H .0201 APPOINTMENTS OF LOCAL, DEPUTY LOCAL, AND SUBREGISTRARS (a) All appointments of deputy and sub-registrars shall be made in accordance with G.S. 130A-96. (b) Each local registrar shall be notified…

10A NCAC 41H .0202 REMOVAL/RESIGNATION OF LOCAL: DEPUTY: OR SUBREGISTRAR (a) Failure to carry out the provisions of the law relating to vital statistics and regulations adopted thereunder or conduct that may impair operation of the vital statistics system shall be considered reas…

SECTION .0300 - BIRTH REGISTRATION 10A NCAC 41H .0301 GENERAL REQUIREMENTS In addition to the requirements specified in 10A NCAC 41H .0104, no birth certificate shall be considered complete, correct, and acceptable for registration: (1) that does not have the certifier's name typ…

10A NCAC 41H .0302 LATE CERTIFICATES NOT SIGNED BY ATTENDANT Certificates of birth filed after ten days but within one year from the date of birth which are signed by someone other than the attendant must be accompanied by a statement from the local registrar stating why the cert…

10A NCAC 41H .0303 PHYSICIAN'S SIGNATURE A birth certificate must be completed and signed by the physician or other person in attendance at birth within ten days after birth. If the certificate has not been completed by the physician or other person in attendance within ten days,…

10A NCAC 41H .0304 MOTHER'S SIGNATURE Certificates of live birth shall be completed by the hospital and signed by the mother before she is discharged unless she is physically unable to sign, the child is going to be given up for adoption, or unless she refuses to sign. After sign…

10A NCAC 41H .0305 MEDICAL AND HEALTH INFORMATION The local registrar shall delete all information labeled "For Medical and Health Use Only" from the copies of Certificates of Live Births which are to be forwarded to the registers of deeds. History Note: Authority G.S. 130A-92(7)…

SECTION .0400 - DELAYED REGISTRATION OF BIRTHS 10A NCAC 41H .0401 GENERAL REQUIREMENTS All certificates registered one or more years after the date of birth are to be registered on a Delayed Certificate of Birth Form prescribed by the State Registrar. Any living person born in th…

10A NCAC 41H .0402 DOCUMENTARY EVIDENCE: FACTS TO BE ESTABLISHED (a) The minimum facts which must be established by documentary evidence shall be: (1) the full name of the person at the time of birth; (2) the date and place of birth; (3) the full maiden name of the mother; and (4…

10A NCAC 41H .0403 COMPLETION OF THE CERTIFICATE (a) Upon proper submission of application and supporting evidence, the register of deeds shall abstract on the delayed certificate of birth a description of each document submitted to support the facts shown on the delayed birth ce…

10A NCAC 41H .0404 FINAL CERTIFICATION (a) The register of deeds shall, by his signature, certify that he has reviewed the evidence submitted to establish the facts of birth and that the abstract of the evidence appearing on the delayed certificate of birth accurately reflects th…

10A NCAC 41H .0405 DISMISSAL AFTER ONE YEAR Applications for delayed certificates which are not completed within one year may be dismissed at the discretion of the register of deeds. Upon dismissal, all documents may be returned to the applicant. History Note: Authority G.S. 130A…

10A NCAC 41H .0406 DELAYED BIRTH CERTIFICATES FOR DECEASED PERSONS Applications for delayed birth certificates shall not be accepted and delayed birth certificates shall not be filed for persons who have died. History Note: Authority G.S. 130A-92(7); Eff. February 1, 1976; Readop…

SECTION .0500 - DEATH REGISTRATION 10A NCAC 41H .0501 HOSPITAL ASSISTANCE IN PREPARATION OF DEATH CERTIFICATES Hospitals and institutions shall establish and follow a procedure for assisting funeral directors in completing death certificates. As a minimum, the procedure will ensu…

10A NCAC 41H .0502 ACCEPTANCE OF INCOMPLETE DEATH CERTIFICATE If the funeral director is unable to obtain the personal information about the deceased within the prescribed statutory time period, the funeral director shall file a death certificate form completed with all available…

10A NCAC 41H .0503 DEATH REGISTRATION: MEDICAL CERTIFICATION Except for deaths caused by conditions under the jurisdiction of the medical examiner, the physician who last treated the deceased is responsible for completing the medical certification of the death certificate, unless…

10A NCAC 41H .0504 NO DEATH CERTIFICATE FOR MISSING PERSONS No death certificate shall be filed nor shall any death certificate be accepted for filing by a local registrar or the State Registrar unless there is a body or some remains such as ashes or decomposed organic substance …

10A NCAC 41H .0505 DISINTERMENT-REINTERMENT PERMITS A permit for disinterment-reinterment shall be issued by the local registrar or deputy registrar only upon receipt of a written authorization signed by: (1) the spouse if living; otherwise, (2) by the next-of-kin and the person …

10A NCAC 41H .0506 REMOVAL OF BODIES Before removing a dead body or fetus from the place of death, the funeral director or person acting as such shall: (1) obtain assurance from the attending physician that death is from natural causes and that the physician will assume responsib…

SECTION .0600 - CERTIFIED COPIES 10A NCAC 41H .0601 BIRTH CERTIFICATES (a) There shall be three forms of copies of birth certificates: (1) a photocopy of the original record excluding medical and health related information with facsimile of the signature of the State Registrar an…

10A NCAC 41H .0602 DELAYED BIRTH CERTIFICATES A certified copy of a birth certificate shall be a photocopy unless it cannot be copied. If not reproducible, a typed copy shall be made, giving all data which appears on the original certificate, on a form similar to the form on whic…

10A NCAC 41H .0603 BIRTH CERTIFICATES FOR OUT-OF-WEDLOCK BIRTHS When issuing a certified copy of a birth certificate for a child born out of wedlock, which names the father of the child without the father's acknowledgment of paternity and without judicial determination of paterni…

10A NCAC 41H .0604 DEATH CERTIFICATES Whenever it is physically possible, a certified copy of a death certificate shall be a photocopy. Otherwise, it shall be typed on a form which approximates the form on which the original certificate was filed. When supplemental causes of deat…

SECTION .0700 - FEES AND REFUNDS 10A NCAC 41H .0701 ROUTINE REQUESTS FOR CERTIFIED COPIES (a) The fee for a non-expedited search for a certificate of birth, death, marriage or divorce is twenty-four dollars ($24.00), which includes the cost of a search of the year indicated and i…

10a ncac 41H .0702 RESEARCH REQUESTS (a) The State Registrar may permit the use of data from vital records for research purposes. The State Registrar shall require the applicant to specify in writing the conditions under which the records or data will be used, stored, and dispose…

10a ncac 41H .0703 FEES FOR CORRECTIONS AND AMENDMENTS The fee for correcting or amending a birth or death certificate shall be fifteen dollars ($15.00) per request. No fee shall be charged for amending a cause of death on a death certificate. History Note: Authority G.S. 130A-92…

10a ncac 41H .0704 FEES FOR PREPARING NEW CERTIFICATE: ADOPTION AND LEGITIMATION A fee of fifteen dollars ($15.00) shall be charged for preparing a new birth certificate for adoptions and legitimations. History Note: Authority G.S. 48-9-107; 130A-92(a)(7); 130A-118; Eff. February…

SECTION .0800 - CHANGE OF NAMES 10A NCAC 41H .0801 NORTH CAROLINA COURT ORDERS For court orders changing a name issued under the authority of North Carolina law, and if the name has not been previously changed, the name on the certificate shall be lined out, and the new name ente…

10A NCAC 41H .0802 OUT-OF-STATE COURT ORDERS If the court order originates in another state and the name has not been previously changed by court order, the change shall be made in the same manner as those originating in North Carolina. If the name has been previously changed by …

10A NCAC 41H .0803 FEDERAL WITNESS PROTECTION PROGRAM When a court order is issued under the United States Department of Justice Witness Protection Program the certification of birth shall be amended and the court order shall be placed in the sealed file. The register of deeds in…

10A NCAC 41H .0804 FILING COURT ORDERS If the court order is submitted on a form furnished by the State Registrar, it shall be attached to the back of the certificate. Otherwise, the court order shall be retained in permanent files. History Note: Authority G.S. 130A-92(7); Eff. F…

10A NCAC 41H .0805 JUDICIAL DETERMINATION OF PATERNITY For cases in which a court determines the paternity of an illegitimate child, the father's name shall be added and a copy of the amended certificate shall be forwarded to the register of deeds in the county where the birth oc…

SECTION .0900 - CORRECTIONS AND AMENDMENTS 10A NCAC 41H .0901 ERRORS (a) The State Registrar may correct errors by his own observation and by request from the individual or institution responsible for filing the original certificate, the informant, or the local registrar or his/h…

10A NCAC 41H .0902 MINOR CORRECTIONS The following items may be corrected by the State Registrar upon written application on forms provided by the State Registrar properly dated, notarized, and signed by the registrant if of legal age, or one or both of the parents or guardians o…

10A NCAC 41H .0903 CORRECTIONS REQUIRING PROOF The following items may be corrected upon written request on forms prescribed by the State Registrar properly notarized and signed by the registrant if of legal age or by one or both parents or guardians of a minor child provided tha…

10A NCAC 41H .0904 ADDING NAMES (a) If a birth certificate does not indicate a given name, the State Registrar shall add the name when requested on a form prescribed by the State Registrar, properly notarized and signed by the registrant if of legal age or by one or both parents …

10A NCAC 41H .0905 CORRECTING FALSIFIED BIRTH CERTIFICATES (a) For cases in which the mother claims to have falsified information for the birth certificate regarding her marital status or the name of her husband, she shall be required to sign an affidavit to the effect that the o…

10A NCAC 41H .0906 AMENDED CAUSES OF DEATH When the physician or medical examiner who signed the original death certificate chooses to change or add information regarding the cause of death, the information will be submitted on a form provided for that purpose by the State Regist…

10A NCAC 41H .0907 CORRECTIONS TO DELAYED BIRTH CERTIFICATES (a) Except for the year of birth, items on delayed birth certificates may be corrected in accordance with the procedures described in 10A NCAC 41H .0901 to .0903. The year of birth cannot be changed on a delayed birth c…

10A NCAC 41H .0908 PROCEDURES FOR HANDLING DUPLICATE CERTIFICATES (a) When two or more certificates for the same event are detected before numbering, determination must be made as to which one is the most complete and accurate. The register of deeds shall be notified as to which …

10A NCAC 41H .0909 AMENDMENTS TO BIRTH CERTIFICATES REQUIRING COURT ORDER Unless otherwise provided by law or regulation, the following amendments may be made on a birth certificate only upon receipt of an order from a court of competent jurisdiction: (1) change in the surname of…

10A NCAC 41H .0910 VITAL RECORDS AMENDMENT PROCEDURES (a) A representative of the State Registrar shall evaluate the evidence submitted in support of any amendment of a vital record. He may accept or reject the amendment. If the amendment is rejected, he shall advise the applican…

SECTION .1000 - NEW CERTIFICATES 10A NCAC 41H .1001 NEW CERTIFICATES OF BIRTHS FOLLOWING ADOPTIONS (a) When a new certificate of birth is prepared by the State Registrar as prescribed in G.S. 48-29, all copies of the original certificate and all other information concerning the o…

10A NCAC 41H .1002 NEW CERTIFICATES OF BIRTH FOLLOWING LEGITIMATIONS When a new certificate of birth is prepared by the State Registrar as prescribed in G.S. 49-13 and G.S. 130A-118, the register of deeds in the county where birth occurred shall send the original birth certificat…

10A NCAC 41H .1003 ADOPTIONS AND LEGITIMATIONS: NEW DELAYED CERTIFICATES For persons whose births are filed on Delayed Certificate of Birth forms who are adopted or legitimated, new Delayed Certificates of Birth shall be prepared by the State Registrar in the same manner as presc…

10A NCAC 41H .1004 ACCESS TO ORIGINAL RECORDS Sealed files of adoptions or legitimations shall be opened by the State Registrar upon receipt of a court order or may be opened to verify that the correct record has been placed in the file if there is reason to suspect that the wron…

SECTION .1100 - LEGITIMATIONS 10A NCAC 41H .1101 GENERAL For all legitimations, a new birth certificate shall be prepared. The new birth certificate may reflect a new surname when the conditions of G.S. 130A-118(c) have been met. The new birth certificate shall reflect the mother…

10A NCAC 41H .1102 LEGITIMATION BY SUBSEQUENT MARRIAGE (a) Paragraphs (b) through (h) of this Rule establish the requirements for legitimations by subsequent marriage. (b) If no name of the father is shown on the original certificate, affidavits of the mother and father on a form…

SECTION .1200 - REMOVAL OF GRAVES 10A NCAC 41H .1201 REGISTRATION OF GRAVES REMOVED (a) Removal of Graves Certificate and Filing. The party removing or causing the removal of a grave shall, within 30 days of completion of the reinternment of the grave, submit to the Register of D…