Health and Safety Code - HSC
DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925]
( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. )
PART 1. VITAL RECORDS [102100 - 103800]
( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. )
CHAPTER 11. Amendment of Records [103225 - 103449]
( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 4. )
ARTICLE 1. Amendment of a Record of Birth, Death or Marriage [103225 - 103265]
( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )
103260.
(a) A person born in this state whose birth is registered in this state, or the person’s conservator, or if a minor, the person’s parent or guardian, may submit a written request to the state registrar for a new birth certificate on the ground that his or her existing birth certificate contains a derogatory, demeaning, or colloquial racial descriptor. For purposes of this section, a derogatory, demeaning, or colloquial racial descriptor means any term that the registrant determines is insulting to a racial group.
(b) The State Registrar shall review the request, and if the request identifies the term that the registrant has determined is a derogatory, demeaning, or colloquial racial descriptor, identifies the accurate racial descriptor, and is accompanied with the payment of the fee required by Section 103700, then the State Registrar shall issue a new birth certificate with the accurate racial descriptor identified in the request and shall transmit copies of the new birth certificate to the following:
(1) The local registrar and county recorder in whose offices copies of the previously issued birth certificate are on file. Upon receipt of the new birth certificate, the local registrar and county recorder shall transmit any copies of the previously issued birth certificate to the State Registrar if it is practical for him or her to do so. If it is impractical for him or her to forward all the copies to the state registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the state registrar.
(2) The registrant.
(c) The new birth certificate shall supplant any previously issued birth certificate registered for the registrant and shall be the only birth certificate of the registrant open to public inspection. The request and previously issued birth certificate shall remain as part of the records of the State Registrar. All records and information referred to in this section, other than the newly issued birth certificate, shall be available only upon the written request of the registrant or an order of a court of competent jurisdiction.
(Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
Amending a California Birth Record
https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-California-Birth-Record.aspx 2007 California Health and Safety Code Article 5. Amendment Of Birth Certificate To Delete Racial Slurs
103350. The purpose of this article is to provide a remedy for correction of birth certificates that contain entries regarding race or color that, in the opinion of the registrant, constitute racial slurs or are otherwise offensive. 103355. Any person who was born in this state and whose birth is registered in this state may apply to the State Registrar for the establishment and issuance of a new birth certificate and the sealing of the original if the person certifies that the entry or entries in the original birth certificate regarding race or color contain a term or terms that in the opinion of the registrant, constitute racial slurs or are otherwise offensive. The application shall identify the offensive terms to be deleted and indicate the proper entries for race or color to be substituted. The determination as to whether the entries to be deleted are offensive shall be left to the judgment of the applicant and the State Registrar shall give deference to that determination. 103360. Upon receipt of the application and payment of the required fee, the State Registrar shall establish a new birth certificate for the person. 103365. The entry for race or color in the new certificate shall be as indicated in the application. No reference shall be made in the new birth certificate that it is not the original birth certificate of the registrant. The new birth certificate shall supplant any birth certificate previously registered for the registrant and shall be the only birth certificate open to public inspection. 103370. The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge. 103375. When a new birth certificate is established pursuant to this article, the State Registrar shall inform the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies to the State Registrar for filing with the original certificate, if it is practical for him or her to do so. If it is impractical for him or her to forward the copy to the State Registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the State Registrar. https://law.justia.com/codes/california/2007/hsc/103350-103375.html
2023 California CodeHealth and Safety Code - HSCDIVISION 102 - VITAL RECORDS AND HEALTH STATISTICSPART 1 - VITAL RECORDSCHAPTER 11 - Amendment of RecordsARTICLE 5 - Amendment of Birth Certificate to Delete Racial Slurs
Now we cookin. Let's go!!! Thank you for this very valuable information.
What if an American does not know the tribal ancestry name of where he/her comes from? How can one find that to be able to make the correction on the BC?