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Is it Legal to Change Your Birthdate?

The day you were born is a set date that is recorded on your birth certificate. This helps prove your identity. If you attempt to rewrite your official records and change your birthdate, this may be seen as an act of fraud. There is an exception, however. If your birth date was incorrectly recorded, then it can and should be changed. By supplying the correct documentation, you would be able to correct the mistake. In short, you can not change your birth date unless it was incorrectly recorded in the first place.

Nevada’s Rules

Not surprisingly, each state has its own rules when it comes to correcting birth dates on birth certificates. Some states require a court order, while others will correct errors upon the presentation of an affidavit along with evidence of the correct date. Most of the requirements can be found on the Center for Disease Control’s Vital Records website, which can guide you to the respective state’s Department of Health Services’ contact information. In Nevada, the following is needed to correct a birth date on a birth certificate. The documents may be submitted in person or via U.S. postal service.

The individuals who may present information and documentation requesting a change of birth date include:

  • The person of record whose information is being changed by the request; or

  • The parent or guardian of the person of record whose information is being changed by the request; or

  • A legal representative of the person of record whose information is being changed by the request.

The following documentation must accompany a request for a change of birth date:

  • Affidavit of Corrections of a Record: This document must be completed in full by one of the individuals named above who is authorized to request the changes and must be notarized;

Additionally, one of the following must be included with the Affidavit of Corrections of a Record:

  • A Supplemental Affidavit: This documented must be completed in full by someone other than the person who completed and signed the Affidavit for Corrections of a Record and notarized. The person completing the Supplemental Affidavit must have personal knowledge and must be able to attest to the correction being requested in the underlying affidavit; or

  • Other verifiable evidence: This may include a document verifying and proving the change requested, a court order from any state court in the U.S., or any other verifiable evidence in a foreign language, that is accompanied by an English translation.

Correcting an erroneous birth date is feasible, as long as you have the paperwork necessary to do so. At the end of the day, however, even if you cannot change your date of birth because you do not have the necessary documentation, you could in theory celebrate your special day whenever you want as long as your identifying paperwork is consistent.

Contact a Nevada Attorney

If you or someone you know has any questions about changing your birth date in Nevada or has any other legal questions that need answering, contact an attorney today. The skilled lawyers at Parry & Pfau have years of experience representing clients across the state of Nevada in all types of legal matters. Click here today to schedule your initial consultation.

(image courtesy of Annie Spratt)