Mississippi Code

Miss. Code Ann. § 41-57-21 (2026)

Proceedings to correct incomplete birth certificate or birth certificate having incorrect first name, middle name, place or sex

✓ current as of July 2026

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Where there has been a bona fide effort to register a birth and the certificate thereof on file with the office of vital records does not divulge all of the information required by said certificate, or such certificate contains an incorrect first name, middle name, or sex, then the state registrar of vital records may, in his discretion, correct such certificate upon affidavit of at least two (2) reputable persons having personal knowledge of the facts in relation thereto. All other alterations shall be made as provided in Section 41-57-23. Anyone giving false information in such affidavit shall be subject to the penalties of perjury.

Codes, Hemingway's 1917, § 4868; 1930, § 4904; 1942, § 7060; Laws, 1912, ch. 149; Laws, 1938, ch. 269; Laws, 1942, ch. 307; Laws, 1944, ch. 309, § 1; Laws, 1962, ch. 400; Laws, 1968, ch. 372, § 1; Laws, 1971, ch. 406, § 1; Laws, 1978, ch. 375, § 1; Laws, 1983, ch. 522, § 33, eff. 7/1/1983.

Notes of Decisions

Cited in 2 cases, 1996–2003 · leading case: In Re RW Heilig, 816 A.2d 68 (Md. 2003).

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In Re RW Heilig, 816 A.2d 68 (Md. 2003). “2831 (2002) (affidavit of physician certifying sex reassignment surgery); Miss Code Ann. § 41-57-21 (2001) (registrar may correct certificate that contains incorrect sex on affidavit of two persons having personal knowledge of facts; not.”

Theonia (Ted) Dunn v. Mississippi State Dep't of Health (Miss. 1996). · cites it 5× “(1) Ted asserts that the Health Department's correction of the first name and sex on Tommie Lee's birth certificate violates Miss. Code Ann. § 41-57-21 (1993), since he claims the statute allows for correction of only one of these items of information.”

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