§ 7–231.20. Amendments and corrections.

(a) The Registrar shall issue rules pursuant to § 7-231.29 governing the amendment of vital records that protect the integrity and accuracy of the vital records.

(b) A record or report registered under this chapter may be amended only in accordance with this chapter and implementing rules.

(c)(1) Except as provided in this section, a record or report amended under this section shall be marked "amended". The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The Registrar shall issue rules in accordance with subsection (a) of this section that prescribe the conditions under which additions or minor corrections may be made to records or reports, without the record or report being marked "amended".

(2) The Registrar shall not amend a vital record if an applicant does not submit the minimum documentation required pursuant to subsection (a) of this section for amending a vital record or when the Registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statement given under the penalty of perjury or the documentary evidence, and the deficiencies are not corrected. The Registrar shall state in writing the reason for this action and shall further advise the applicant of the right of appeal to the court.

(d) Upon receipt of a certified copy of an order of the court changing the name of an individual born in the District, and upon the request of the individual, his or her legal representative, or in the case of a minor, his or her parents or legal guardian, the Registrar shall amend the record of live birth to show the new name. The record shall be marked "amended".

(e)(1) Pursuant to § 7-231.12(e) upon receipt of a certified copy of an order of the court changing the gender identity or expression of an individual who died in the District, the Registrar shall amend the death record to reflect the decedent's gender identity or expression designation. The record shall not be marked "amended".

(2) In determining the gender identity or expression to be recorded on a decedent's certificate of death, the court may consider testimony, documentation that memorializes the decedent's gender transition, or any other evidence of the decedent's gender identity or expression.

(3) The court shall resolve a petition to amend the designation of gender entered on a decedent's death record within 10 days. The petition shall include:

(A) A statement, signed under oath by a licensed healthcare provider who has treated or evaluated the individual, stating that:

(i) The individual has undergone surgical, hormonal, or other treatment appropriate for the individual for the purpose of gender transition, based on contemporary medical standards; or

(ii) The individual has an intersex condition, and that in the healthcare provider's professional opinion, the individual's gender designation should be changed; or

(B) Documentation that otherwise memorializes the decedent's gender transition, including:

(i) Written instructions from the decedent;

(ii) A court order approving a name or gender change; or

(iii) Documentation of a change to the gender marker on a live birth certificate, driver's license or state identification card, Social Security record, or passport.

(4) The original record of death, including the gender as reported by the death certifier, along with any documents submitted pursuant to this subsection, shall be sealed and made available only by an order of the court.

(5) Death records amended for the purpose of memorializing gender designation shall not be marked "amended".

(6) Death records amended for the purpose of memorializing gender designation shall be substituted for the original death record, and prior issuances shall be voided.

(f) The Registrar shall issue rules pursuant to § 7-231.29 establishing requirements to amend a vital record to correct an institutional error on a certificate item. When certificate items are corrected according to this subsection:

(1) Except as provided by rules issued pursuant to § 7-231.29, certificates of vital record shall be marked as "amended";

(2) Except as provided by rules issued pursuant to § 7-231.29, the original record shall be sealed and made available only upon order of the court; and

(3) The institution that reported the data in error shall be responsible for any associated fees and penalties.