Chapter 69

69.035(4) (4) Wherever this subchapter provides for correction, delayed registration, copying or determination of the validity of, or disclosure of information from, vital records, pursuant to an order of a court, circuit court or court of competent jurisdiction, the state registrar shall, in a like manner, correct, register, copy, determine the validity of, or disclose information from, comparable vital records pertaining to tribally related events, pursuant to an order of the court of any federally recognized Indian tribe or band in this state. In order for the state registrar to provide access to an original birth certificate or any accompanying documents in an adoption case, the tribal court which orders access to such records or documents shall be the court with jurisdiction over the adoption.

69.035 History History: 1989 a. 194.

69.04 69.04 Local registration district.

69.04(1) (1) 

69.04(1)(a) (a) The state registrar may approve a city as a registration district for registration of deaths occurring in the city if the state registrar determines that the city has staff, office space, and other resources for the proper administration of death records, makes reasonable use of public health data derived from death records, and suitably preserves and cares for official city death records.

69.04(1)(b) (b) The state registrar may withdraw the approval given under par. (a) if the city fails to meet the requirements under par. (a).

69.04(2) (2) 

69.04(2)(a) (a) The county register of deeds office shall be the place for filing vital records except as provided under par. (c).

69.04(2)(c) (c) If a death occurs in a city which is a registration district approved by the state registrar for registering death records, the office of the city registrar shall be the place for filing.

69.04(3) (3) Any city which is not a registration district shall dispose of any vital records which it has filed as follows:

69.04(3)(a) (a) Offer all records of events occurring prior to October 1, 1907, to the state historical society under s. 69.21 (2) (d) 1.

69.04(3)(b) (b) Offer the records of each event occurring after September 30, 1907, to the register of deeds of the county in which the event occurred.

69.04(3)(c) (c) Destroy any record which the state historical society or the register of deeds does not accept under par. (a) or (b).

69.04 History History: 1985 a. 315; 1985 a. 332 s. 253; 1993 a. 27; 2017 a. 334.

69.05 69.05 Duties of local registrar. A local registrar shall:

69.05(1) (1) Be subject to the direction of the state registrar.

69.05(4) (4) Preserve, amend and certify vital records under this subchapter by photographic, electronic or other means as directed by the state registrar, except that a local registrar may destroy vital records on file for more than 365 days if the state registrar determines that the local registrar has access through the state registrar’s computer database to the information necessary to issue certified copies under s. 69.21 (1) (b) 2.

69.05(5) (5) Enforce this subchapter in his or her registration district and report to the state registrar in writing any violation upon receipt of knowledge of the violation.

69.05(7) (7) Send a note of the designation of a deputy to the state registrar no later than one working day after the designation takes effect. The notice shall include a copy of the deputy’s signature and the effective date of the designation.

69.05 History History: 1985 a. 315; 1989 a. 359; 1993 a. 27; 1997 a. 114; 1999 a. 185; 2017 a. 334.

69.05 Annotation A local registrar has no power to adopt procedures that are more stringent than those directed by the state registrar for issuing certified copies of vital records under s. 69.21 (1). 80 Atty. Gen. 35.

69.06 69.06 Duties of city registrars. A city registrar shall:

69.06(1) (1) Accept for filing, electronically sign and assign a date of acceptance to records of death which he or she has been approved to register under s. 69.04 and which are properly presented in his or her office.

69.06(4) (4) Designate in writing a deputy to perform the city registrar’s duties under this section during the city registrar’s absence, illness or disability.

69.06 History History: 1985 a. 315; 2001 a. 16; 2017 a. 334.

69.07 69.07 Duties of register of deeds. The county register of deeds shall:

69.07(1) (1) Accept for filing, electronically sign and assign a date of acceptance to vital records presented in his or her office under this chapter.

69.07(3) (3) Designate a deputy appointed under s. 59.43 (3) to perform the register of deeds’ duties under this section during the register of deeds’ absence, illness or disability.

69.07 History History: 1985 a. 315; 1995 a. 201; 2001 a. 16; 2017 a. 334.

69.08 69.08 Requirements for registration. The state registrar may not register a vital record unless the record:

69.08(1) (1) Is prepared in the method prescribed by the state registrar.

69.08(2) (2) Is prepared in the method prescribed or is printed legibly in permanent ink applied directly to the paper.

69.08(3) (3) Supplies all items of information required or gives a reason approved by the state registrar for the omission of any item.

69.08(4) (4) Contains proper and consistent data.

69.08(5) (5) Contains electronic signatures required or signatures written in permanent ink applied directly to the paper.

69.08(7) (7) Contains the dated electronic signature of the local registrar.

69.08(8) (8) Is prepared under rules promulgated by the department.

69.08 History History: 1985 a. 315; 2001 a. 16; 2017 a. 334.

69.09 69.09 Corrections prior to filing. If prior to filing a vital record a local registrar determines that the record has an omission or error in information, the local registrar shall return the record to the filing party for correction or replacement, except as provided under s. 69.10 (2). The filing party shall correct or replace any such record within 5 working days after it is received by the filing party.

69.09 History History: 1985 a. 315.

69.10 69.10 Correction of obvious errors.

69.10(1) (1) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar or a local registrar may correct an error in the record if he or she determines that the error is obviously inadvertent.

69.10(2) (2) A person with a direct and tangible interest in a vital record may petition a court to order a correction in the record under this section if the state or local registrar with whom the record is filed fails to make the correction.

69.10 History History: 1985 a. 315; 2017 a. 334.

69.11 69.11 Amendments without court order.

69.11(1) (1) In this section, “amend” means to change information in an item on a vital record that was incorrect when the vital record was filed or to insert information omitted from an item on a vital record when the vital record was filed.

69.11(2) (2) If a vital record has been filed, any item on the record may be amended one time under this section.

69.11(3) (3) 

69.11(3)(a) (a) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar, with satisfactory evidence that information in an item on a vital record was incorrect or omitted when the record was filed, may amend the record except as provided under par. (b).

69.11(3)(b) (b) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar may amend the following information on a vital record:

69.11(3)(b)1. 1. Name, sex, date of birth, place of birth, parents’ surnames and marital status of parents, if the vital record is a birth record and if the amendment is accompanied by a statement which the filing party has submitted to support the amendment.

69.11(3)(b)2. 2. Cause of death, if the vital record is a death record and if the amendment is accompanied by a statement that the person who signed the medical certification has submitted to support the amendment.

69.11(3)(c) (c) The following, prepared in the method prescribed by the state registrar, may request the state registrar to act under this subsection:

69.11(3)(c)1. 1. Any person with a direct and tangible interest in the record.

69.11(3)(c)2. 2. A certifier of the cause of death.

69.11(3)(d) (d) The state registrar shall amend a vital record under this subsection if a local registrar:

69.11(3)(d)1. 1. Notifies the filing party, a certifier of the cause of death or the county clerk responsible for the vital record of the need for correct information;

69.11(3)(d)2. 2. Obtains the correct information from the person notified under subd. 1.;

69.11(3)(d)3. 3. Changes the information on his or her copy of the vital record; and

69.11(3)(d)4. 4. Sends a notice of the amendment under subd. 3. to the state registrar.

69.11(3)(e) (e)

69.11(3)(e)1. 1. If the state registrar determines that a vital record should be amended under this subsection, he or she shall send a notice of the need for an amendment to the filing party, the certifier of the cause of death or the county clerk responsible for the vital record or to the local registrar who filed the record. If the local registrar receives the notice, he or she shall obtain the correct information from the filing party, certifier of the cause of death or county clerk responsible for the vital record and provide the correct information to the state registrar in the manner prescribed.

69.11(3)(e)2. 2. A filing party who receives a notice under subd. 1. shall respond to the person who sent the notice within 10 working days after receipt of the notice.

69.11(4) (4) 

69.11(4)(a) (a) Except as provided under par. (b), the state registrar may not amend any vital record if 365 days have elapsed since the occurrence of the event which is the subject of the vital record unless the state registrar has received a court order to make the amendment under s. 69.12.

69.11(4)(b) (b) The state registrar may amend an item on a birth record that affects information about the name, sex, date of birth, place of birth, parent’s name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth record, if the amendment is at the request of a person with a direct and tangible interest in the record and is in the manner prescribed by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth record may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth record. This paragraph may not be used to add to or delete from a birth record the name of a parent, to change the identity of a parent named on the birth record, or to effect a name change prohibited under s. 301.47.

69.11(5) (5) 

69.11(5)(a) (a) If the state or local registrar, under this section or under s. 69.15, changes the face of a vital record registered or filed in his or her office, the registrar shall:

69.11(5)(a)1. 1. Insert any information that was omitted when the vital record was filed.

69.11(5)(a)2. 2. If the amendment changes the information on the vital record, do all of the following:

69.11(5)(a)2.a. a. Record the correct information in the relevant area of the vital record.

69.11(5)(a)2.b. b. Maintain legibility of the changed information by placing a single line through the changed entry, by recording the changed information elsewhere on the legal portion of the vital record, or both.

69.11(5)(a)2.c. c. Make a notation on the vital record that clearly states that the vital record has been amended and that gives the number of the item corrected, the date of the correction, and the source of the amending information.

69.11(5)(b) (b) If under sub. (4) (b) the state or local registrar makes an amendment other than on the face of the original copy of a vital record, he or she shall file an amendment form which includes an affidavit by the person requesting the amendment, the information which is stricken, the information inserted and an abstract of the supporting documentation.

69.11 History History: 1985 a. 315; 2001 a. 16; 2003 a. 52; 2017 a. 334.

69.12 69.12 Entry of true facts by court order.

69.12(1) (1) If the state registrar cannot make an amendment to a vital record under s. 69.11 and a person with a direct and tangible interest in the vital record alleges that information on the vital record does not represent the actual facts in effect at the time the record was filed, the person may petition the circuit court of the county in which the event which is the subject of the vital record is alleged to have occurred. The petition shall be accompanied by a certified copy of the original vital record. If the court finds that the petitioner has established the actual facts of the event in effect when the record was filed, the clerk of court shall report the court’s determination to the state registrar in the manner prescribed by the state registrar, along with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the report, the state registrar shall, if information as to the cause of death on a death record is changed or if information on a marriage record concerning the identity of a parent of a party to a marriage is changed, act under sub. (4), or shall change the record under s. 69.11 (5) and if the record is not enabled in the state system of vital records, send the amended record to the local registrar who shall replace the record filed in his or her office. This subsection does not apply to a name change prohibited under s. 301.47.

69.12(2) (2) A court may not order amendment of the names of the parents of a registrant on a birth record on the grounds of termination of parental rights or termination of custody.

69.12(3) (3) The state registrar shall amend under s. 69.11 (5) an item on a birth record as directed by an order under this section.

69.12(4) (4) 

69.12(4)(a) (a) If a court’s determination under sub. (1) changes information as to the cause of death on a death record or changes information on a marriage record concerning the identity of a parent of a party to the marriage and the court in accordance with the petition orders the creation of a new death or marriage record, the state registrar shall do all of the following:

69.12(4)(a)1. 1. Prepare a new death or marriage record, whichever is applicable. On a new death record, the state registrar shall omit the changed information, including the name of the physician, coroner or medical examiner who certified the cause of death and enter any other original and any new information, including the name of the judge and the date of the order, sign the new information, enter any notation of support in the margin of the record and insert a note that the death record has been amended. On a new marriage record, the state registrar shall omit the changed information concerning the identity of a parent of a party to the marriage, enter the unchanged information from the original record, and enter any new information included in the court order concerning the identity of a parent of a party to the marriage, but shall not note that the record is amended.

69.12(4)(a)2. 2. Register a new death or marriage record created under this subsection and impound the original death or marriage record and all correspondence, affidavits, court orders, and other related materials and prohibit access except by court order or except by the state registrar for processing purposes.

69.12(4)(a)3. 3. Send a copy of any new death or marriage record registered under this subsection to the local registrar who filed the original, if the record is not enabled in the state system of vital records.

69.12(4)(b) (b) Upon receipt of the copy under par. (a) 3., the local registrar shall destroy his or her copy of the replaced death or marriage record and file the new death or marriage record.

69.12(5) (5) A change in the marital status on the record of birth may be requested under this section only if the marital status is inconsistent with father or husband information appearing on the birth record. This section may not be used to add or delete the name of a parent on the record of birth or change the identity of either parent named on the birth record.

69.12 History History: 1985 a. 315; 1993 a. 346; 1995 a. 225; 2001 a. 16; 2003 a. 52; 2005 a. 69; 2017 a. 334.

69.12 Annotation A court acting under sub. (1) acts as a fact finder, independently reviewing the evidence presented by the petitioner. There is a presumption of validity in the findings in a death certificate; the petitioner has the burden of rebutting the presumption by the greater weight of the credible evidence. Sullivan v. Waukesha County, 218 Wis. 2d 458, 578 N.W.2d 596 (1998), 96-3376.

69.13 69.13 Correction of facts misrepresented by informant for record of birth. The state registrar may, under an order issued by the circuit court of the county in which a birth occurred, correct information about the parent or the marital status of the mother on a record of birth that is registered in this state if all of the following conditions apply: