Amending Birth Records & Vital Records in Pennsylvania

The Real ID Problem

Pennsylvania's Real ID deadline has created an unexpected problem for thousands of people: their birth certificates contain errors. Mistakes that went unnoticed for decades — a misspelled name, a wrong sex designation, a missing middle name — now prevent people from obtaining a Real ID-compliant driver's license because PennDOT requires that your identification documents match exactly.

The Real ID Act of 2005 (Pub. L. No. 109-13, 119 Stat. 302) established minimum security standards for state-issued driver's licenses and identification cards. Beginning May 7, 2025, a Real ID-compliant license or another acceptable form of identification (such as a passport) is required to board domestic flights, enter federal buildings, and access certain federal facilities. Pennsylvania's implementation requires that the name on your driver's license match your birth certificate exactly. If there's a discrepancy — even one that existed for decades without causing problems — PennDOT will not issue a Real ID until the underlying record is corrected.

This creates a particular burden for older Pennsylvanians whose birth records contain errors introduced when county registrars transcribed hospital records by hand decades ago. A middle name omitted from the state copy, a name misspelled by a clerk, or a sex designation checked incorrectly on a form — these are exactly the kinds of clerical errors that the amendment process is designed to correct.

Legal Authority

If your birth certificate contains an error, you need a court order to fix it. In Pennsylvania, that means filing a Petition to Amend Birth Record in the Orphans' Court Division of the Court of Common Pleas.

The legal authority comes from two statutes. The Vital Statistics Law at 35 P.S. § 450.701 governs the amendment and correction of birth, death, and marriage records maintained by the Pennsylvania Department of Health. The Orphans' Court has jurisdiction over these petitions under 20 Pa.C.S. § 711, which grants the court broad authority over matters involving vital records of Pennsylvania residents.

Types of Errors That Can Be Corrected

The petition process can correct a range of errors on a birth certificate, including incorrect sex designation, missing or incorrect first, middle, or last names, misspelled names that don't match other identification documents, wrong date of birth, incorrect birthplace information, and errors in parental information.

The most common errors we see involve name discrepancies — a middle name that appears on the hospital's original certificate but was never transcribed to the Commonwealth's official record, or a first name spelled differently on the state copy than on every other document the person has used for their entire life.

Where to File

You file the petition in the county where you currently reside, not where you were born. If you live in Bucks County, you file in the Bucks County Orphans' Court Division regardless of whether your birth took place in Philadelphia, Pittsburgh, or anywhere else in Pennsylvania. The petition is filed under an E-docket number.

The Petition

The petition is a formal legal pleading that explains what's wrong with the birth record, what it should say instead, and why the correction is needed. It cites the relevant statutes (35 P.S. § 450.701 and 20 Pa.C.S. § 711), identifies the petitioner, describes the specific errors, and references the supporting exhibits.

The petition must include a verification — a sworn statement under penalties of 18 Pa. Cons. Stat. Ann. § 4904 (unsworn falsification to authorities) confirming that the facts are true and correct to the best of the petitioner's knowledge, information, and belief.

Supporting Evidence

The strength of a petition to amend a birth record depends almost entirely on the supporting documentation. Courts want contemporaneous evidence — records created at or near the time of birth that show the correct information. Useful exhibits include:

The original hospital birth certificate (as distinguished from the Commonwealth's vital record) is often the single most powerful piece of evidence — it shows what the hospital actually recorded at the time of birth before any transcription errors occurred. Beyond that, military records such as DD-214s, enlistment papers, and service history forms carry significant weight because the military independently verified identity information. Passports and passport applications, Social Security records, driver's license records, school records and diplomas, church baptismal records, census data, and physician letters confirming biological sex or identity can all support the petition.

The more documents you can provide that consistently show the correct information, the stronger the petition. A single document may not be sufficient. Courts look for a pattern of consistent identification across multiple records and time periods.

The Proposed Order

Along with the petition and exhibits, you submit a proposed order for the judge to sign. The proposed order directs the Commonwealth of Pennsylvania, Department of Health, Vital Records Division to amend the birth record with the specific corrections. It should identify exactly what needs to change — for example, correcting the sex designation, adding a missing middle name, or fixing a misspelling. The order should also state why the correction is necessary, such as compliance with the Real ID Act.

What Happens After Filing

The Bucks County Orphans' Court generally handles these petitions on the papers without requiring a hearing, provided the documentation is thorough and the corrections are straightforward. Contested matters or corrections that raise questions of identity may require a hearing, but most birth record amendments are uncontested — there is no adverse party.

Once the court enters the order, you send a certified copy to the Pennsylvania Department of Health, Vital Records Division in New Castle. The Department will issue a new or amended birth certificate reflecting the corrections.

Costs and Timeline

The filing fee for a petition in Bucks County Orphans' Court is modest — typically under $200 including the filing fee and surcharges. You will also need certified copies of the court order (approximately $15 each) and the Department of Health fee for issuing an amended birth certificate.

The court typically acts on uncontested petitions within a few weeks. After the order is entered, the Department of Health takes four to eight weeks to process the amendment and issue a corrected certificate. Total timeline from filing to corrected birth certificate in hand is usually two to four months.

Out-of-State Births

If you were born in another state, Pennsylvania courts cannot amend your birth record. You must petition the court in the state where you were born, following that state's procedures. Each state has its own vital statistics laws and amendment process. However, if you were born in Pennsylvania and now live in another state, you can still petition a Pennsylvania Orphans' Court — you would file in the county where your birth record is maintained (typically the county of birth) or in the county where the Department of Health maintains the record.

Frequently Asked Questions