Amendments & Court Orders
Amendments
A birth certificate may be amended upon the request of the registrant if of legal age, one of the parents, the guardian, or the individual responsible for filing the certificate.
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Under 1 Year
Both parents listed on the birth record are required to sign the Birth Record Amendment Under 1 Year form in front of a notary public.
Print Under 1 Year Amendment Form
No fee or supporting documentation is required for amending a birth record that is under 1 year old.
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Over 1 Year
NOTE: ARSD 44:09:05:12 states that any amendment to a surname on a vital record made a year or more after the event occurred requires an order from a court of competent jurisdiction unless the amendment makes a minor spelling change. See Court Orders below for more information.
The Birth Record Amendment Request form must be signed by the applicant in front of a notary public.
Print Birth Record Amendment Request Form
The fee to amend a record over 1-year-old is $8. Documentary evidence showing the correct information is required to support the amendment.
1-7 years old: The document must be dated at least one year prior to the date of application.
7 years and older: The document must be dated at least 7 years prior to the date of application.
One original, certified, or authenticated document is required to show how the item for amendment should be listed. All documents will be returned to you.
Suggested documents:
- Baptismal certificate
- Census record
- Medical record
- Military record
- Marriage record
- Insurance policy
- Cradle roll record
- School record
- Early income tax record
- Tribal membership papers
- Parent’s naturalization papers
- Early application for employment or retirement record
- Application for voting registration
- Social Security numidrent (No SS cards accepted)
NOTE: ARSD 44:09:05:12 states that any amendment to a surname on a vital record made a year or more after the event occurred requires an order from a court of competent jurisdiction unless the amendment makes a minor spelling change. See Court Orders below for more information.
A marriage record may be amended upon the request of either of the registrants, the individual who solemnized the marriage, the local registrar filing the marriage, or a legal representative acting on behalf of one of the registrants.
The Marriage Amendment Request form must be signed by the applicant in front of a notary public.
Print Marriage Record Amendment Request form
No fee or supporting documentation is required for amending a marriage record that is under 1 year old.
The fee to amend a record *over 1-year-*old is $8. Documentary evidence showing the correct information is required to support the amendment.
1-7 years old: The document must be dated at least one year prior to the date of application.
7 years and older: The document must be dated at least 7 years prior to the date of application.
One original, certified, or authenticated document is required to show how the item for amendment should be listed. All documents will be returned to you.
Suggested documents:
- Baptismal certificate
- Census record
- Medical record
- Military record
- Marriage record
- Insurance policy
- Cradle roll record
- School record
- Early income tax record
- Tribal membership papers
- Parent’s naturalization papers
- Early application for employment or retirement record
- Application for voting registration
- Social Security numidrent (No SS cards accepted)
Court Order
To file a court-ordered name change on a vital record, you must provide a certified copy of the court order that directs the record be amended AND provides the following information:
- Information to identify the certificate;
- The incorrect data as it is listed on the certificate; and
- The correct data as it should appear.
The fee to file the amendment on a record over 1-year-old is $8. There is no fee required if the record is under 1 year old. You must follow proper court procedure when seeking a change on a birth certificate. For instructions on how to obtain a court-ordered name change please contact an attorney or visit the South Dakota Unified Judicial System website for the applicable forms.