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An Act
ENROLLED HOUSE
BILL NO. 3931 By: Stark of the House
and
Jech of the Senate
An Act relating to death certificates; amending 63
O.S. 2021, Section 1-321, as last amended by Section
10, Chapter 58, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 1-321), which relates to amendment of
certificate or record; allowing for corrections of a
death certificate after one year; providing for
promulgation of rules; and declaring an emergency.
SUBJECT: Death certificates
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-321, as
last amended by Section 10, Chapter 58, O.S.L. 2025 (63 O.S. Supp.
2025, Section 1-321), is amended to read as follows:
Section 1-321. A. A certificate or record registered under
this article may be amended only in accordance with this article and
regulations thereunder adopted by the Commissioner of Health to
protect the integrity and accuracy of vital statistics records.
B. A certificate that is amended under this section shall be
marked "amended", except as provided in subsection D of this
section. The date of amendment and a summary description of the
evidence submitted in support of the amendment shall be endorsed on
or made a part of the record.
The Commissioner shall prescribe by regulation the conditions under
which additions or minor corrections shall be made to birth
certificates within one (1) year after the date of birth without the
certificate being considered as amended. Certificates shall be
ENR. H. B. NO. 3931 Page 2
marked as "amended" for minor corrections made one (1) year after
the date of birth.
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name of a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the Commissioner of Health shall
amend the certificate of birth to reflect the new name.
D. When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
1. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledgment of paternity has
been signed by both parents or a court order adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
1. To the specified surname upon receipt of acknowledgment of
paternity signed by both parents, upon receipt of a certified copy
of a court order directing such name be changed or upon receipt of
an electronic record from the Department of Human Services
indicating that an acknowledgment of paternity has been signed by
both parents or a court order directs such name change. Such
certificate amended pursuant to this subsection shall not be marked
"amended"; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the Department receives false
information regarding the identity of a parent.
G. If within one (1) year of the initial issuance of a
certificate of death, a funeral director, or a person acting as
ENR. H. B. NO. 3931 Page 3
such, requests a correction to any portion of the death record
except the information relating to the medical certification
portion, due to a scrivener's error, misspelling or other correction
of information, the Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
request is made in writing or through an electronic system and is
accompanied by documentation disclosing the correct information or
by a sworn statement of the funeral director. The funeral director,
or person acting as such, shall be responsible for any and all
amendment fees that may be imposed by the Commissioner of Health for
the correction. Up to ten certified copies containing the erroneous
original information may be exchanged for certified copies
containing the corrected information at no additional cost.
H. Any applicant who desires to make a change, alteration, or
amendment one (1) year or more after the initial issuance of a
certificate of death, may file a petition with the administrative
hearing clerk pursuant to OAC 310:2 and seek a final decision by an
administrative law judge granting the relief requested. The
applicant shall bear the burden of proof, by clear and convincing
evidence, that the proposed change, alteration, or amendment sought
by the applicant corrects an error or misstatement of fact as to any
information supplied to the State Registrar by the funeral home.
I. The State Commissioner of Health shall promulgate rules and
standards necessary to allow the Department to amend vital
statistics for minor corrections for other purposes determined
necessary in order to protect the integrity and accuracy of the
records.
J. Beginning April 26, 2022, the biological sex designation on
a certificate of birth amended under this section shall be either
male or female and shall not be nonbinary or any symbol representing
a nonbinary designation including but not limited to the letter "X".
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 3931 Page 4
Passed the House of Representatives the 9th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________