CUYAHOGA PROBATE COURT

Correction Of Birth Record

What is a Correction of Birth Record, when filed at the Probate Court?

Ohio law provides that whoever claims to have been born in Ohio, and whose registration of birth has not been properly or accurately recorded, may file an application to correct their birth record:

  • In the Probate Court of the county of birth.
  • In the Probate Court of the county of current residence.
  • In the Probate Court of the county in which the mother resided at the time of birth.

If the person is a minor, the application must be signed by either parent or the person’s guardian.

Applications filed to correct the date of birth must include the book copy of the birth record, obtained from the Ohio Department of Health. The corrected date on the application must be consistent with the date the attending physician or certified nurse-midwife signed the birth record, or the date the local registrar filed the record of the birth, as per R.C. 3705.15 (D)(2).

For more information, please consult the Ohio Revised Code 3705.15.

What procedures are involved in filing at Probate Court?

APPLICATION

Adult applicants must submit a signed and notarized application.
Applications for minors must be signed by either parent or the minor’s guardian, and notarized.

(Please see the FAQ below for additional information regarding non-relative applicants.)

All applications must be submitted with a certified copy of the birth record to be corrected.

Applicants must also provide supporting affidavits or personal testimony, and supporting documented evidence of the facts alleged in the application.

(For a detailed list of required documents, See below “What documents are needed to file….”)

HEARING

The Court may set a date for a hearing on the application, no sooner than seven days after the filing date.

Notice of the hearing will be sent to the applicant and other interested parties. If a hearing is required, applicants who reside in Ohio must appear in person at the Cuyahoga County Probate Court. The Court may require one publication of notice of the hearing, in a newspaper of general circulation in the county, at least seven days prior to the date of the hearing.

In certain instances, the Court may require additional hearings on the application.

Upon being satisfied that notice of the hearing has been given by publication, if required, and that the claim of the applicant is true, the Court will make a finding upon all the facts required on a birth record, and will order the correction of the birth record.

AFTER YOUR HEARING

The Court will then transmit to the Ohio Department of Health a certified summary of its finding and order. The Department of Health will record the order and prepare the new birth certificate, usually within 3-4 weeks. The incorrect birth certificate is then sealed. To order your corrected copy of your birth certificate, contact your local office of Vital Statistics. You may order a certified copy of your Probate Court order from the court.

For additional assistance with the filing process, please consult an Ohio licensed attorney.
For more information about birth records, contact the Ohio Department of Health at (614) 466-2531.

What documents are needed to file a Correction of Birth Record?

  • Application for Correction of Birth Record (MUST be signed and notarized)


  • Certified copy of an Ohio birth record or Birth Certificate


  • Two (2) Affidavits Supporting the Application:

    • If only one (1) Affidavit can be obtained, then Applicants must submit at least three (3) documents supporting the facts claimed in the Application, OR
    • If no Affidavit can be obtained, then at least four (4) documents supporting the facts.

    *Affidavits must be ink-signed by Affiant/Physician, and notarized.

    *Affiants who appear at Court to give personal testimony must present valid photo identification. For a minor child, both parents may appear at Court to give personal testimony (if both appear on the birth certificate).

    *Applicants who submit documents notarized by an out-of-state notary must also submit the notary’s Certificate of Authenticity.

  • Two (2) Documents Supporting Facts Stated in the Application:

    The Court will accept items from the following list of documents as evidence of the place and date of birth, and the parentage of the applicant (or minor child of the applicant), and any other facts alleged on the Application:

    • Attending physician’s certificate of record at time of birth
    • Baptismal Record showing date, place of birth, parents’ names
    • Certificate of birth, or death, of a sibling child of Applicant (to verify a parent’s name for correction)
    • Certified Marriage Application (not the marriage license) listing place and date of birth and parentage
    • Copy of Applicant’s parent’s birth certificate (to verify a parent’s name for correction)
    • For a minor child, Hospital or Medical Records (e.g. Immunization Records) verifying vital information
    • Letterhead statement from Hospital where applicant or minor was born, listing vital information—and that the hospital made an error on the original birth record
    • To correct the sex designation on the birth record of a minor (or an adult, prior to any sexual reassignment procedures) the applicant must present a letterhead statement from a hospital or physician indicating an error was made by the hospital or physician at the time of birth
    • Honorable Discharge or Certificate of Release from Active Duty U.S. Armed Forces (DD 214)
    • Naturalization record of Applicant’s parents
    • School records or transcripts, with an original signature from the records secretary indicating date of birth or age at given time (obtained from the Board of Education)
    • Copy of Social Security form SS-5 (microfilm printout of your original Application) Copy of Social Security Numident (computer extract of your SS Application) For more information, contact your local Social Security office, or visit the Social Security web site at https://www.ssa.gov/foia/request.html

For questions about these or additional forms of evidence, please contact the Probate Court Marriage department at (216) 443-8921.

Frequently Asked Questions

Can I electronically file (E-File) an application for a Correction of Birth Record?

Yes, Applications may be E-Filed using the following guideline. Other useful links are below:

E-File Home Page and Login
E-File Registration

Are there other ways to correct an Ohio birth record?

Yes, see the Ohio Department of Health for other ways to correct some of the vital information of a birth record for minors in the first year after birth.

Can a non-parent file on behalf of a minor?

Yes, non-parent/agency applicants filing on behalf of a minor must submit orders of Juvenile Court (or similar orders of court) as evidence of temporary or permanent custody of the minor.

Court-appointed guardians of minors must submit certified copies of the appointment.
For more information, contact the Probate Court Marriage Department at (216) 443-8921.

Can a non-parent file on behalf of an adult?

Yes, non-parent/agency applicants filing on behalf of an adult must submit certified copies of a court order for legal guardianship. 
For more information, contact the Probate Court Marriage Department at (216) 443-8921.

What do I need to submit if I want to correct my (or my child’s) date of birth?

Per R.C. 3705.15 (D)(2), if you are attempting to correct a date of birth on the birth record, the corrected date on the application must be consistent with the date the attending physician or certified nurse-midwife signed the birth record, or the date the local registrar filed the record of the birth.

How do I add the father’s name to the birth certificate?

Adults over the age of 23 may file a Joint Declaration of Paternity with the Probate Court.  For more information, see Ohio Revised Code 2105.25 and 2105.26.

For minors, a father’s name cannot be added or deleted from the birth record through proceedings at the Probate Court.
Contact your local Child Support Enforcement Agency or the Ohio Department of Health, Vital Statistics, at (614) 466-2531.

I don’t like the name I chose for my child; can I correct it through this process?

No, the application to correct a birth record may not be used to change a child’s name due to personal preference. For more information, see the Name Change topic page and consult an Ohio licensed attorney for legal processes available for a change of name of a minor.

I’m an adult and would like to change my name; can I update my name on my birth certificate through this process?

No, the application to correct a birth record may not be used to change an adult’s name due to personal preference. For more information, see the Name Change topic page and consult an Ohio licensed attorney for legal processes available for a change of name.

For additional questions about filing for a Correction of Birth Record, please consult an Ohio licensed attorney BEFORE you submit filings to the Cuyahoga County Probate Court.

For general questions about the filing process, please contact the Cuyahoga County Probate Court Marriage Department at (216) 443–8921.

COUNTY OFFICES
Probate Court
1 Lakeside Avenue
Cleveland, Ohio 44113
216-443-8785 or
216-443-8895

E-File: (216) 443-8948
City Hall
(Office of Vital Statistics)
601 Lakeside Ave.
Cleveland, OH 44113


(216) 664-2000
Job and Family Services
1640 Superior Ave
Cleveland, OH 44114-2908



(216) 443-5100
ATTORNEY REFERRAL SERVICES
Ohio State Bar Association 1-800-282-6556

Cleveland Metropolitan Bar Association (216) 696-3525
STATE AGENCIES
Office of Vital Statistics
Ohio Department of Health
246 N. High St
Columbus, OH 43215

(614) 466-3543
Ohio Putative Father Registry
255 E. Main St.
P. O. Box 183204
Columbus, OH 43215

1-888-313-3100
The Ohio Department of Job and Family Services
255 E. Main St.
Columbus, Ohio 43215


(614) 466-1213
Copyright © 2016 Cuyahoga County Probate Court. All Rights Reserved.