44:09:05:12Amendment of surnames on vital records after one

year. Any amendment to a surname made within the first year after the event occurred may be amended by affidavit unless that surname was placed on the record using a paternity, adoption, or other court order. 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 correction.

Source: 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.