Form VS-170, Correcting a Birth Certificate – Texas

What is VS-170?

Who needs to file VS-170?

When to file VS-170

Documents you need

• A copy of the applicant's valid photo ID, attached to the application (Section 1). The form says it must be attached.
• A copy of valid photo ID for every person who signs Section 6; applications without acceptable valid ID attached will not be processed.
• Proof of authority if you apply as a legal guardian, managing conservator or legal representative; the form says proof is required.
• One supporting document from Box #2 that Box #1 lists for your correction. Use original certified copies, not photocopies, unless the form says otherwise; foreign documents, including notaries, need an apostille or legalization.
• Hospital or medical record at birth, or a letter from the hospital identifying the error and the correction needed, for corrections Box #1 assigns to documents 1 or 2.
• A certified copy of a court order with all pages, the judge's signature and the court seal. Needed for a name change, to remove information, when no acceptable supporting document exists, or to amend an item already amended once.
• Baptismal certificate, only for a first or middle name correction after the first birthday; it must be within the first 5 years of birth.
• Numident printout from the Social Security Administration (SSA), for corrections where Box #1 lists document 4; it is issued by the SSA.
• Elementary school record signed by the custodian of school records, based on earliest attendance, where Box #1 lists document 6.
• Federal census record or school census record, where Box #1 lists documents 7 or 8.
• Armed forces discharge papers (form DD 214); a photocopy is accepted. Used only for a first or middle name correction after the first birthday.
• Birth certificate of a parent, or of the child's older brother or sister, for parent information or last name spelling corrections (documents 10 and 11).
• Certified copy of the parents' marriage license, where Box #1 lists document 12. Also required when a mother not married during pregnancy is now married to the parent being added.
• Parent's Naturalization Certificate, or a photocopy of the parent's domestic passport or foreign passport with U.S. Visa, permanent residency card or employment authorization card (documents 13 and 14).
• To add, remove or replace a parent, one of five types: certified marriage certificate, copy of VS-159.1, certified court decree establishing parentage, copy of VS 158, or a gestational agreement.

How to fill out VS-170

1. 1

   Confirm the correction you need

   Find your correction in Box #1 on page 2 and note which supporting documents from Box #2 it requires. For adding, removing or replacing a parent, use Box #3 on page 3 instead.

2. 2

   Enter applicant information in Section 1

   Give your name (first, middle, last), mailing address, email address and daytime telephone number. Check your relationship to the person named on the certificate: Parent, Self, Hospital Representative, Legal guardian(s) or Managing Conservator, or Legal Representative (proof required).

3. 3

   Copy the current certificate details

   In Section 2, enter the information exactly as it appears on the current birth certificate, before corrections: certificate number if known, the child's name, date of birth, sex, place of birth, and the full maiden name of Parent 1 and Parent 2.

4. 4

   List the items to correct

   In Section 3, write each item to be added, corrected or removed, what the certificate shows now and what it should say. For a certified court order granting a name change only, enter the first, middle and last name in the court-ordered name change block.

5. 5

   Request a new certificate if applicable

   To correct the child's sex or remove a parent's race or color, check the bottom box of Section 3 asking that a new birth certificate be filed. If it is left unchecked, the correction is attached to the original record as an addendum.

6. 6

   Complete Section 4 for parent changes

   Only if you are adding, removing or replacing a parent, check Add, Remove or Replace and enter the child's name on the new record, even if it will stay the same. Give each parent's title, full name (maiden name prior to first marriage), date of birth and place of birth; leave Parent 2 blank if only one parent remains.

7. 7

   Choose whether to order certified copies

   In Section 5, check No or Yes. If Yes, enter the number of certified copies requested and verify the fees and quantity in the fee box on page 1.

8. 8

   Complete the fee box on page 1

   Select one filing fee, add the expedited and return shipping options you want and the quantity of certified copies, and total the amount. Contact DSHS for current amounts if the form does not match your needs.

9. 9

   Sign the affidavit before a notary

   In Section 6, print your name and address and sign before a notary public, then attach a copy of your valid photo ID. Parent 2 or Legal Guardian 2, if applicable, signs in the second block with their own ID copy.

10. 10

    Review, download and assemble the package

    Check that every required section is complete with no alterations, then download or print the completed PDF from FillingPDF. Add the notarized signatures, ID copies, supporting documents and payment, and submit through the channels described under How to submit.

How to submit VS-170

Common mistakes to avoid

• Submitting a photocopy of the application, or using strike-throughs, write-overs, cross-outs or white-outs; the form says these void the application and to use a new application after a mistake.
• Signing Section 6 without a notary public, or leaving out the copy of valid photo ID; applications without acceptable ID attached will not be processed.
• Sending the application with only one parent's signature when the child is a minor and both parents are on the birth record, unless Box #1 says otherwise.
• Leaving Section 1, 2, 5 or 6 incomplete; the form says these sections must be completed, and missing information can delay or deny the application.
• Using VS-170 to correct a record that is based on an adoption; the form states it cannot be used for that.
• Sending photocopied supporting documents or foreign documents without an apostille or legalization, or documents that do not match the requested correction exactly.
• Correcting a child's last name spelling with a document dated after the birth instead of a court order; those documents must be dated prior to the child's birth.
• Not checking the bottom box of Section 3 to request a new birth certificate for a sex or parent race or color correction; the correction is then attached to the original record as an addendum.
• Having a hospital representative apply to add, remove or replace a parent; the form says a hospital representative cannot apply for these corrections.
• Sending an expedited order by regular mail; expedited service requires the processing fee and an overnight mail service to the MC 2096 street address.