Legal Question in Family Law in New York

Deceased Birth Certificate Correction?

My grandmother recently passed

away. While reviewing her files, we

discovered that her birth certificate

reversed her first and middle names

from the one she used her entire life.

She even had an improperly certified

local copy of it with it wrong from the

local registrar. The one she had from

NYS Vital Records shows the error, as

does the original document.

Her 5 children and I would like to

correct the official certificate to reflect

the name on her drivers license,

social security card, deed, will,

marriage records, and children's birth

certificates. We want to do this to

obtain our right to Italian citizenship

through her, and to make sure

everything is consistent.

New York Vital Records will amend a

record for free upon receipt of a

baptismal record or school enrollment

file before age 12. But only she could

have initiated this change.

Assuming we have a baptismal

record, do we have any chance of a

court order to get them to fix the file

now that she is deceased?

Assuming we don't, is it possible to

amend her two NYS marriage

licenses to at least make the names

consistent. Consistency is all we

need.

Thanks.


Asked on 1/28/09, 6:03 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Deceased Birth Certificate Correction?

You may have the possibility to amend the grandmother's birth certificate. First, your grandmother would have to have an estate. That means for the Surrogate's Court to appoint either an executor or administrator for the grandmother.

The estate would then petition NYS to amend the grandmother's birth certificate. If the petition is granted, the birth certificate is amended. If the petition is denied, the estate would have the opportunity to file an Article 78 petition to review NYS's decision.

Mike.

Read more
Answered on 1/29/09, 11:33 am


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