California Law allows Misclassified American Indians called "Black" or "Negro" to correct their Birth Certificates
- Ishmael Bey
- Dec 29, 2024
- 9 min read
Updated: Aug 24
Health and Safety Code - HSC
DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925]
( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. )
PART 1. VITAL RECORDS [102100 - 103800]
( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. )
CHAPTER 11. Amendment of Records [103225 - 103449]
( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 4. )
ARTICLE 1. Amendment of a Record of Birth, Death or Marriage [103225 - 103265]
( Article 1 added by Stats. 1995, Ch. 415, Sec. 4. )
103260.
(a) A person born in this state whose birth is registered in this state, or the person’s conservator, or if a minor, the person’s parent or guardian, may submit a written request to the state registrar for a new birth certificate on the ground that his or her existing birth certificate contains a derogatory, demeaning, or colloquial racial descriptor. For purposes of this section, a derogatory, demeaning, or colloquial racial descriptor means any term that the registrant determines is insulting to a racial group.
(b) The State Registrar shall review the request, and if the request identifies the term that the registrant has determined is a derogatory, demeaning, or colloquial racial descriptor, identifies the accurate racial descriptor, and is accompanied with the payment of the fee required by Section 103700, then the State Registrar shall issue a new birth certificate with the accurate racial descriptor identified in the request and shall transmit copies of the new birth certificate to the following:
(1) The local registrar and county recorder in whose offices copies of the previously issued birth certificate are on file. Upon receipt of the new birth certificate, the local registrar and county recorder shall transmit any copies of the previously issued birth certificate to the State Registrar if it is practical for him or her to do so. If it is impractical for him or her to forward all the copies to the state registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the state registrar.
(2) The registrant.
(c) The new birth certificate shall supplant any previously issued birth certificate registered for the registrant and shall be the only birth certificate of the registrant open to public inspection. The request and previously issued birth certificate shall remain as part of the records of the State Registrar. All records and information referred to in this section, other than the newly issued birth certificate, shall be available only upon the written request of the registrant or an order of a court of competent jurisdiction.
(Added by Stats. 1995, Ch. 415, Sec. 4. Effective January 1, 1996.)
Amending a California Birth Record
https://www.cdph.ca.gov/Programs/CHSI/Pages/Amending-a-California-Birth-Record.aspx 2007 California Health and Safety Code Article 5. Amendment Of Birth Certificate To Delete Racial Slurs
103350. The purpose of this article is to provide a remedy for correction of birth certificates that contain entries regarding race or color that, in the opinion of the registrant, constitute racial slurs or are otherwise offensive. 103355. Any person who was born in this state and whose birth is registered in this state may apply to the State Registrar for the establishment and issuance of a new birth certificate and the sealing of the original if the person certifies that the entry or entries in the original birth certificate regarding race or color contain a term or terms that in the opinion of the registrant, constitute racial slurs or are otherwise offensive. The application shall identify the offensive terms to be deleted and indicate the proper entries for race or color to be substituted. The determination as to whether the entries to be deleted are offensive shall be left to the judgment of the applicant and the State Registrar shall give deference to that determination. 103360. Upon receipt of the application and payment of the required fee, the State Registrar shall establish a new birth certificate for the person. 103365. The entry for race or color in the new certificate shall be as indicated in the application. No reference shall be made in the new birth certificate that it is not the original birth certificate of the registrant. The new birth certificate shall supplant any birth certificate previously registered for the registrant and shall be the only birth certificate open to public inspection. 103370. The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge. 103375. When a new birth certificate is established pursuant to this article, the State Registrar shall inform the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies to the State Registrar for filing with the original certificate, if it is practical for him or her to do so. If it is impractical for him or her to forward the copy to the State Registrar, he or she shall effectually seal a cover over the copy in a manner as not to deface or destroy the copy and forward a verified statement of his or her action to the State Registrar. https://law.justia.com/codes/california/2007/hsc/103350-103375.html
2023 California CodeHealth and Safety Code - HSCDIVISION 102 - VITAL RECORDS AND HEALTH STATISTICSPART 1 - VITAL RECORDSCHAPTER 11 - Amendment of RecordsARTICLE 5 - Amendment of Birth Certificate to Delete Racial Slurs
Step-by-Step Process to Amend a Death Certificate to American Indian
1. Contact Your State’s Vital Records Office
Start with the state (or county) Office of Vital Records where the death occurred. Each state handles amendments differently—some allow changes through the funeral home, others require a direct family request or even a court order.
2. Verify the Procedure for Racial Corrections
Policies vary by state:
In North Carolina, new race and tribal affiliation options (e.g., “American Indian – Eastern Band of Cherokee Indians,” “Lumbee,” etc.) became available as of August 28, 2023, through their electronic vital records system mountainx.com.
Other states may have older systems and fewer tribal options, so checking with your local vital records office is essential.
3. Gather Supporting Documentation
Generally, you’ll need legal proof of tribal identity or descent. Possible documents include:
A valid Certificate of Degree of Indian Blood (CDIB) issued by the Bureau of Indian Affairs, which certifies recognized tribal ancestry Wikipedia.
Tribal enrollment records or official letters from a tribe with genealogical verification.
Census records, school records, or prior documents that consistently identify American Indian heritage.
4. Submit an Amendment Request
Many states allow the funeral home to submit the amendment, but some families must file directly if the provider is uncooperative Reddit+1.
Be prepared to pay a processing fee (e.g., $20–$50), though some states may waive fees if requested within a certain timeframe after death Business InsiderReddit.
5. Proofread Before Finalizing
If possible, review a draft copy of the death certificate before it’s filed to catch errors in race, name, or other details Reddit.
6. Consider Escalation if Needed
If the funeral home drags its feet or refuses, escalate to the state Board of Funeral Directors or the vital records office. Inform them that this misclassification impacts the individual’s recorded identity and confers harms beyond paperwork, including public health miscounts.
In some cases, legal action may be required—but usually, the state’s amendment office can handle valid corrections.
Why This Matters: Misclassification Has Real Impacts
Studies show that up to 30% of Native Americans are misclassified—most commonly as White—on death certificates, leading to significant undercounts in mortality statistics Business Insider.
In one Washington State study, 14.7% of AI/AN decedents were misclassified, as revealed by linking death records with tribal data PubMed.
This misclassification not only erases identity, but affects public policy, healthcare allocation, and recognition of health disparities in AI/AN communities CDCNCUIH+1Wikipedia.
Practical Example (North Carolina)
Reach out to NC’s Office of Vital Records or NCDHHS.
Confirm if your tribal affiliation is listed in their system—it may now include specific tribes (e.g. Lumbee, Coharie) mountainx.com.
Provide documentation of tribal identity (e.g., CDIB, enrollment status).
Submit amendment request, potentially through funeral home or family, along with fee.
Review the amended certificate once processed.
Step | Action |
1 | Contact vital records office in the state where death occurred |
2 | Learn specific requirements and tribal options |
3 | Gather proof (CDIB, enrollment, genealogy) |
4 | Submit amendment via funeral home or family, pay fees |
5 | Review draft certificate |
6 | Escalate to funeral board or state office if necessary |
Here’s a clearer, more tailored breakdown of how Urban Indians (American Indians living in urban areas) can go about amending a death certificate to correctly indicate “American Indian” under the race category. Since there's no single universal form, the process varies by state—but here’s how to get started in general, plus examples from key states.
1. Start with Your State's Vital Records Office
Every state handles vital record corrections differently. Typically, you'll need to:
Obtain the official correction form, which usually requires:
Your identification (e.g., driver’s license, passport)
Proof of relationship to the decedent
Supporting documentation (e.g., tribal affiliation, CDIB)
Payment of processing fees
2. Sample State Procedures & Forms
Below are a few examples to give you an idea:
California
Form: VS 24 – Affidavit to Amend a Death Record (includes race/demographic corrections)
For medical info: VS 24A – Physician/Coroner's Amendment
Load the form, complete, attach supporting ID and documentation (e.g., tribal membership certificate), and mail in.CDPH
Washington State
Form: Affidavit for Correction (DOH 422-034)
Submit with photo ID, proof of relation, and supporting documentation.
Turnaround may take ~10 months—contact the vital records office if delayed.Washington State Department of Health
North Carolina
You need the Death Certificate Amendment Application (PDF), plus fees (e.g., $39 total).
The application requires proof of identity and justification for the change.
Visit their "Change a Record" page for the form and evidence requirements.vitalrecords.nc.gov+1
Illiinois
Use the Affidavit and Certificate of Correction Request.
Submit with photo ID and documentation; some changes may require a court order if evidence isn’t clear.dph.illinois.gov
Nevada
Racial corrections (including adding “race”) can be made via official amendment if you can prove error.
Some corrections may require a court order if altering major personal data.Nevada Legislature
3. Steps to Follow (Applicable in Most States)
Identify your state and go to the Vital Records website. Locate the death record amendment page.
Download the correct form (e.g., Affidavit for Correction, Application for Amendment).
Gather supporting documentation, such as:
Photo ID
Tribal documentation (CDIB, enrollment, etc.)
Proof of relationship to decedent
Submit the completed form, documentation, and required fee—either by mail or in person.
Follow up as needed, especially in states like Washington with lengthy processing times.
4. Context: Urban Indians & Misclassification
National-level studies show that over 40% of AI/AN individuals are misclassified as White on death certificates—particularly common in urban areas, where identification often relies on the funeral director’s subjective judgment rather than family or registry data.PMC+1PubMed
This undercounting skews public health statistics and invisibilizes urban Indigenous deaths—making corrections critical for identity and data accuracy.
State | Form Name / Type | Requirements |
California | VS 24 (Demographic) / VS 24A (Medical) | Fill form, submit ID, fees, tribal docs |
Washington State | Affidavit for Correction (DOH 422-034) | ID, proof of relation, supporting docs |
North Carolina | Death Certificate Amendment Application | Fees ~$39, ID, proof of correction |
Illinois | Affidavit & Certificate of Correction | ID, documentation, possible court order |
Nevada | Amendment via registrar | ID, proof; some edits may need court |
1. New York State (Outside NYC)
Death certificates can be corrected, but formal amendments (like changing race to American Indian) are not provided as a standard process—only corrections are possible.New York State Department of Health
If the event occurred within one of NYC’s five boroughs, you need to contact the NYC Department of Health and Mental Hygiene Corrections Unit.New York State Department of HealthNYC Government
Who can apply: This includes spouses, children, parents, siblings, informants, court-appointed guardians, or estate representatives (for NYC).NYC Government
Process: Submit a Death Certificate Correction Application (PDF) in person or by mail, along with photo ID and evidence supporting the race correction (e.g., tribal documentation). Processing typically takes around 12 weeks.NYC Government+1
2. Virginia
Legal basis: Virginia law allows demographic changes—including race—to be made via affidavit (within 45 days of filing) or via court petition afterwards, and all amendments must be marked “AMENDED.”Virginia Law+2Virginia Law+2
Evidence required: Must include documentary proof (e.g., tribal enrollment, CDIB).Virginia Law
Who can apply: Surviving spouse, immediate family, the funeral director, or other reporting sources.Virginia Law+1
3. Pennsylvania
Amendments: Use the Request to Amend a Death Record form, which includes sections for contact, existing record, changes to be made, evidence, and identification. It must be notarized.Pennsylvania Government
Who can apply: Informant or someone with a court order. Some corrections may be possible without a court order if the Department of Health agrees.Pennsylvania GovernmentReddit
Practical insight: One individual noted that they voluntarily corrected a birth certificate record without court order, while others had to pursue court order—depending on the case.Reddit
4. Florida
Forms available:
DH-524: Application for Amendment to Florida Death or Fetal Death Record
DH-433: Affidavit of Amendment of Certificate of DeathThese forms cover demographic amendments; completed forms must include supporting evidence and a fee of $20.Florida Department of Health
Who can sign: Informant or next of kin, often with funeral director involvement.Florida Department of HealthState of Florida
Medical corrections: Use a separate medical-specific affidavit form (DH-434A), signed by the certifying physician.Florida Department of Health
5. Georgia
Legal framework: Amendments after one year require:
An affidavit stating what’s incorrect and what the correction should be
An abstract of the supporting documentary evidence, which must be old enough (established at least 5 years before application, or within 7 years of death).Georgia Rules and RegulationsJustia Regulations
Who can apply: Informant, family member, legal representative, or funeral director.Georgia Rules and Regulations
6. Alabama
Process: Complete the Application to Change an Alabama Birth or Death Certificate and mail it with a $20 fee (includes one certified copy); $15 extra for expedited service. It’ll result in an affidavit amendment attached to the original certificate (original data remains intact).Alabama Department of Public Health
Who can apply: Funeral home, informant, immediate family, or other persons with legal interest. Documentation or court action may be required depending on complexity.Alabama Department of Public HealthCasetext
