BIRTH REGISTRATION / CORRECTIONS / SEX MARKER CHANGE

LEGAL PRACTICE IN THE PROBATE COURT

Legal practice in the Probate Court is restricted by law to attorneys who are licensed by the Supreme Court of Ohio. If an individual wishes to handle his or her own case, he or she may do so; however, they may not represent others. Due to the complexity of the law and the desire to avoid costly errors, most individuals who have filings before the Court are represented by an attorney. Deputy clerks are prevented by law from practicing law and, therefore, are not permitted to give advice.

BIRTH RECORDS

Prior to 1867, there are no birth records at Probate Court for Sandusky County.

Obtaining Copies of Birth Certificates

Birth records for December 21, 1908 and after are at the Sandusky County Board of Health located at 2000 Countryside Drive, Fremont, OH 43420, (419) 334-6377. The link to their website is www.scpublichealth.com.

Probate Court holds the birth records for 1867 to December 20, 1908. If you would like a certified copy of a birth records contact the Court (419-334-6211 OR probateinfo@sanduskycountyoh.gov). SEARCH HERE for the cost of a certified copy of a birth record.

You can search the Court’s Case Management System (CMS) for unofficial birth records here. You can print off the records at no cost to you.

Requirements for Unrecorded and Corrected Birth Certificates

Ohio law provides that whoever claims to have been born in this State, and whose registration of birth was not recorded, or has been lost or destroyed, or has not been properly and accurately recorded, may file an application to register or correct their birth record as follows:

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

Forms must be typed. If it is determined by the Court that the form is not prepared correctly the filing may be dismissed by the Court, in which you may forfeit your deposit.

Procedure for Delayed Registrations of Births

• Complete forms HEA 2745 and HEA 2782 for a Delayed Registration of Birth and file it at the Sandusky County Probate Court. A parent or legal guardian must apply on behalf of any minor child; signatures must be notarized.
• Attach to the application a letter of search stating that no birth record can be found. If the birth was prior to December 20, 1908, the letter must be from the Probate Court of the county where the birth occurred. If the birth was after December 20, 1908, the letter must be from The Ohio Department of Health, Office of Vital Statistics, P.O. Box 15098, Columbus, OH 43215. You can contact the Office of Vital Statistics at 614-466-2531 or the link to their website is www.odh.ohio.gov.
• Attach to the application a copy of the applicant’s driver’s license or photo ID.
• Affidavits are on the second page of the application. At least two of these affidavits need to be completed by individuals separate from the applicant who have knowledge of the birth. All signatures must be notarized.
• Evidence must be presented that verify the facts of the birth. At least three pieces of acceptable evidence are required (please see list of acceptable Evidence).
• One appearance by the applicant must be made at Probate Court (no appointment necessary) and costs must be paid at the time of filing.
• For further questions or if the applicant no longer lives in Ohio, please contact our office directly at 419-334-6211 or probateinfo@sanduskycountyoh.gov.

Procedure for Correcting Birth Records

• Complete the HEA 2783 for a Correction of Birth Record and file it at the Sandusky County Probate Court. A parent or legal guardian must apply on behalf of any minor child; signature must be notarized.
• If the applicant is seeking to change the gender of the individual on the birth certificate, he or she will need to produce documentation from a physician indicating that the individual has been the gender the certificate is being changed to since birth.
• Attach to the application a certified copy of the birth certificate to be corrected and a copy of the applicant’s driver’s license or photo ID.
• Affidavits are on the second page of the application. At least two of these affidavits need to be completed by individuals separate from the applicant who have knowledge of the birth. All signatures must be notarized.
• Evidence must be presented that verify the correct facts of the birth. At least two pieces of acceptable evidence are required (please see list of acceptable Evidence).
• One appearance by the applicant must be made in open Court (no appointment necessary) and costs must be paid at the time of filing.
• For further questions or if the applicant no longer lives in Ohio, please contact our office directly at 419-334-6211 or probateinfo@sanduskycountyoh.gov.

Requirements for Changing Sex Marker

The Probate Court may issue an order to change the sex marker on an Ohio birth record pursuant to the decision in Ray v. McCloud, S.D.Ohio No. 2:18-cv-00272, 2020 U.S. Dist. LEXIS 247732 (Dec. 16, 2020).

The process for changing a sex marker on a birth record is not a process to change a legal name or make any other change, alteration or correction to the birth record. Any requests for change of name or correction of other errors on a birth record must comply with the established legal processes for each action.

The birth record to be changed must be a certified State of Ohio Certification of Birth issued by the Office of Vital Statistics. Birth records from other states must be changed in the state of issuance.

An Application to Change Sex Marker may be filed in:

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

Forms must be typed. If it is determined by the Court that the form is not prepared correctly the filing may be dismissed by the Court, in which you may forfeit your deposit.

Procedure for Changing a Sex Marker

• Complete the Application to Change Sex Marker on Birth Record and file it at the Sandusky County Probate Court. A parent or legal guardian must apply on behalf of any minor child.
• Attach to the application a certified copy of the birth certificate to be changed and a copy of the applicant’s driver’s license or photo ID.
• Complete the Affidavit of Applicant.
• When an application is made on behalf of a minor the consent of both living, legal parents is required along with the Licensed Professional Statement Regarding Birth Record Change.
• An appearance by the applicant must be made in open Court (no appointment necessary) and costs must be paid at the time of filing.
• Once the forms are filed with the Court a hearing will be scheduled. The hearing is a formal hearing, the applicant and minor child (if applicable) need to appear before the Court on the scheduled hearing date.
• For further questions or if the applicant no longer lives in Ohio, please contact our office directly at 419-334-6211 or probateinfo@sanduskycountyoh.gov.

FORMS

The Ohio Department of Health has developed Standard Forms to assist in filing a BIRTH REGISTRATION / CORRECTION.

In addition to the Standard Forms located on the Ohio Department of Health website Sandusky County Probate Court has developed local forms to assist in CHANGING a SEX MARKER filing as follows:

Application to Change Sex Marker
Affidavit of Applicant
Consent of Parents or Guardians
HEA 2745 Finding and Order Establishing Registration of Birth
HEA 2782 Application for Registration of Birth
HEA 2783 Correction of Registration of Birth
Licensed Professional Statement Regarding Birth Record Change

FREQUENTLY ASKED QUESTIONS

HOW CAN I ADD A FATHER’S INFORMATION TO A BIRTH CERTIFICATE?
There are several ways to establish paternity in Ohio. Our Court recommends that you contact the Ohio Paternity Enhancement Program for information on which procedure is correct for your circumstance. Their office is located at:

Ohio Paternity Enhancement Program
131 North High Street
Suite 320 Columbus, Ohio 43215
Phone: 1-888-810-6446
www.oh-paternity.com

WILL A NEW BIRTH CERTIFICATE BE ISSUED AFTER CORRECTIONS ARE MADE?
Yes, there will be a new birth certificate issued by the Office of Vital Statistics in Columbus, Ohio. Once our Court has issued an order to correct a birth certificate, a certified copy is sent to the Office of Vital Statistics where the correction to the actual birth record is made. A new birth certificate will also be available at your local Vital Statistics Office.

WHEN WILL THE ACTUAL BIRTH CERTIFICATE BE AVAILABLE AFTER THE CORRECTION OR DELAYED REGISTRATION IS FILED?
Since these birth certificates are issued in Columbus, Ohio, the wait time for a new birth certificate can take anywhere from two (2) to four (4) months. A certified copy of the Court’s Judgment Entry can be obtained and may be used to show that a new birth certificate will be issued. Offices requiring a birth certificate may or may not accept the Judgment Entry as proof. It will vary from office to office.

Evidence

LIST OF DOCUMENTS ACCEPTABLE AS EVIDENCE

1. Baptismal Record, Confirmation or Other Church Record – contact the pastor or the church in which the event took place.
2. School Attendance Record – this should be a certified copy from the board of education in the school system that you attended. Other school records can be used if a certified copy is not available.
3. Marriage Application – this should be a certified copy obtained from the Probate Court in the county where you applied for the marriage license. The marriage application should give us information about your birth date and your parents.
4. Children’s Birth Records – a certified copy of your child’s birth certificate may help in proving your age, place of birth and name at birth.
5. Physician’s Office Record – or sworn statement from the midwife or person who attended the birth.
6. Hospital, Nursery or Clinic Record – record must be where the birth occurred. Contact the place where the birth occurred for a certified copy.
7. Social Security Application – this can be obtained from any social security office. A print out sheet will be given to you that will verify the facts of your birth given at the time the social security number was applied for. We cannot accept social security cards as evidence.
8. Discharge Papers – from any of the armed services. If your discharge was recorded, you will be able to obtain a certified copy from the Recorder’s Office in the county where it was recorded.
9. Family Bible, Family History Books and Baby Books – may be used to help to support the facts of your birth.
10. Passports – may be used to verify facts of your birth.