There are two types of errors that can happen to your birth certificate: one that can be corrected by filing a petition for correction, and one that requires legal proceedings and court hearings. We summarized the different types of birth certificate errors and how these can be corrected. Read on.
Always remember that all the entries in your birth certificate are transcribed by human hands. The document may have been accomplished by your parents, a nurse at the hospital where you were born, the midwife that assisted during your mother’s delivery, or any one of your relatives. Upon registration, a staff at the Local Civil Registry office will again transcribe your details to create your birth certificate; during which, typographical errors and misspellings are likely to be committed. These are considered clerical errors and are not done intentionally.
These types of errors may cause delays in your transactions and applications but the good news is, it can be fixed without much expense and without the need for a lawyer’s services.
Here are the different types of corrections that fall under Administrative Corrections:
- Change of First Name
- First name being used is different from the first name on the birth certificate.
- The first name on the birth certificate is written as “Baby Boy”, “Baby Girl”, “Boy”, or “Girl” and the child was born 1993 onwards.
- Wrong Gender or Wrong Day or Month of Birth
- Date of birth (day or month) is wrong.
- The wrong gender is checked.
- Clerical Error Correction
- Blurred name (first, middle, or last name)
- Mother’s last name is wrong while the child’s middle name is correct.
- Child’s middle name is wrong while the mother’s last name is correct.
- Wrong spelling of the name (first, middle, or last name).
- Middle and last names have been interchanged.
- Middle initial entered instead of the full surname.
- The wrong gender is checked.
- Supplemental Report
- No first name, middle name, or last name (if legitimate).
- No middle name (if illegitimate and acknowledged by the father).
- The first name on the birth certificate is written as “Baby Boy”, “Baby Girl”, “Boy”, or “Girl” and the child was born before 1993.
- No check mark for gender/there are check marks for both genders.
- The illegitimate child wants to use the father’s surname. Take note that this correction only involves the surname. Changing status to legitimate or illegitimate requires court order/proceeding.
These types of corrections cannot be processed by the birth certificate owner on his own and therefore must undergo judicial proceedings.
Below are the requirements for judicial correction:
- Documents containing information or entries pertinent to your case. The documentary requirements you will submit depends on the correction you are requesting and will be subject to evaluation once you file your case with the Regional Trial Court (RTC).
- Prepare to pay court fees which is the sum total of the initial filing, sheriff’s, photocopying, postage, and notarization fees. You also need to prepare your pocket for additional fees such as newspaper fees for the mandatory 3-week publication requirement, lawyer’s professional fees, pleading fees, and court appearance fees.