(a)
Notwithstanding any other provision of this chapter, any person born in this state, or, in the case of a minor or incompetent person, his or her parent, legal guardian, or conservator, may apply to the State Registrar for the establishment and issuance of a new birth certificate and the sealing of the original, upon finding that the birthing hospital or local registrar made a gender error when completing the original birth certificate.
(b)
The application shall be accompanied by one of the following:
(1)
The sworn affidavit of the administrator of the hospital where the applicant was born or by a representative designated by the administrator, verifying that the incorrect gender information entered on the birth certificate was due to a hospital error.
(2)
The sworn affidavit of the representative of the local registrar, verifying that the incorrect gender information entered on the birth certificate was due to an administrative error of the local registrar.
(3)
The sworn affidavit of the physician attending the birth of the applicant and the sworn affidavit of the applicant’s mother or father or a relative who was at least five years old at the time of the applicant’s birth, verifying that, at the time of birth, the applicant’s gender was different from that indicated on the original birth certificate.
