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44:09:05:02Requirements for amending vital records.

Section · Administrative Rules of South Dakota · View on sdlegislature.gov ↗

Unless otherwise provided in this chapter or in statute, the Department of Health shall make all amendments to vital records. The following information is required: (1) An affidavit of correction setting forth the following: (a) Information to identify the certificate; (b) The incorrect data as it is listed on the certificate; and (c) The correct data as it should appear; or (2) An order from a court of competent jurisdiction which directs that the record be amended and provides the following information: (a) Information to identify the certificate; (b) The incorrect data as it is listed on the certificate; and (c) The correct data as it should appear.

Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.

General Authority

  • SDCL 34-25-51
    Amended by HB1260 (2025) — Require that birth certificates and certain official documents reflect biologica
    Amended by HB1076 (2021) — require that birth certificates reflect biological sex.

Law Implemented

  • SDCL 34-25-51
    Amended by HB1260 (2025) — Require that birth certificates and certain official documents reflect biologica
    Amended by HB1076 (2021) — require that birth certificates reflect biological sex.