Birth Certificates, Registration and Correction

If a birth has not been recorded, or if a birth certificate has been lost, destroyed, or improperly or inaccurately recorded, the probate court has the power, upon application, to require recording or correction of the certificate. Information on births before 1908 is available from the probate court. For individuals born prior to 1908, a certified certificate of birth may be obtained from the probate court.

Changes Of Names

Applications for legal change of name are filed in the probate court. After publishing of notice and hearing, the court, if reasonable and proper cause exists, may grant a name change.

Land Appropriations

The probate court has concurrent jurisdiction with the general division of the court of common pleas to hear land appropriation cases. In a land appropriation, real property is being taken by the state, city, county, or a public utility under the laws of eminent domain for a public purpose such as highway or power line construction. The main question resolved, usually by a jury, is the value to be paid to the owner(s) of the property taken.

Consent For Medical Treatment

Objections to consent for medical treatment, given under powers of attorney for health care or advanced directives (living wills), are filed in the probate court. In addition, objections and authority for consent to medical treatment where there is neither a power of attorney nor an advanced directive are also filed in the probate court.

Name Change - Adult

The process through which an Ohio resident may attain a legal change of name is governed by Revised Code Section 2717.01. Any person desiring such a change may file an application with the probate court of the county in which he/she resides. One year residency is required. Notice of the change of name hearing must be published once, in a newspaper of general circulation in the county, at least thirty days prior to the hearing. If the court finds that the notice was appropriate and that the facts set forth in the application show reasonable and proper cause for changing the name, it may enter an order to change the name.

Revised Code Section 3705.13 provides an additional procedure that must be followed if the Probate Court grants a change of name for a person who was born in Ohio. The statute requires that the office of vital statistics receive and file a certified copy of the court order that changed the name. Such order shall be cross-referenced with the original birth record and the office of vital statistics shall then issue a new certification of birth (not a new birth certificate) which reflects the change.

Name Change – Minor

Revised Code Section 2717.01(B) governs any change of name of a minor. The statute’s requirement that a change of name be supported by “reasonable and proper cause” implies that the best interests of the child be considered. An application may be made on behalf of a minor by the minor’s parents, a legal guardian or a guardian ad litem. In changes of names, an application on behalf of a minor must also be accompanied by the consent of both living, legal parents of the minor. If either or both of the parents do not consent to the change of the minor’s name, then notice of the hearing must be sent to the non-consenting parent(s) by certified mail, return receipt requested. If the father of the minor is unknown, such notice shall be sent to the person whom the mother alleges to be the father. Absent such an allegation, or if either parents address is unknown, then notice by publication, pursuant to Revised Code Section 2717.01(A), is sufficient. Any notice required by that section, except the publication notice of division (A) may be waived in writing by the person entitled to the notice.

Revised Code Section 3705.13 provides an additional procedure that must be followed if the Probate Court grants a change of name for a person who was born in Ohio. The statute requires that the office of vital statistics receive and file a certified copy of the court order that changed the name. Such order shall be cross-referenced with the original birth record and the office of vital statistics shall then issue a new certification of birth (not a new birth certificate) which reflects the change.

Birth registrations and corrections are administered by Probate Court.

• For people who have never had their birth recorded or if their birth was inaccurately recorded. The probate court has the power, upon application, to require recordings and corrections of birth certificates.
• Additional information can be obtained by visiting the Ohio Department of Health website.

Birth Correction – Pursuant to O.R.C. Section 3705.15

An application to correct a birth record shall set forth all of the available facts required on a birth record and the reasons for making the application, and shall be verified by the applicant. Upon the filing of the application the court may fix a date for a hearing, which shall not be less than seven days after the filing date. The court may require one publication of notice of the hearing in a newspaper of general circulation in the county at least seven days prior to the date of the hearing. The application shall be supported by the affidavit of the physician in attendance. If an affidavit is not available the application shall be supported by the affidavits of at least two persons having knowledge of the facts stated in the application, by documentary evidence, or by other evidence the court deems sufficient.

Delayed Birth Registration – Pursuant to O.R.C. Section 3705.15

Whoever claims to have been born in this state, and whose registration of birth is not recorded, or has been lost or destroyed, or has not been properly and accurately recorded, may file an application for registration of birth or correction of the birth record in the probate court of the county of the person’s birth or residence or the county in which the person’s mother resided at the time of the person’s birth. If the person is a minor the application shall be signed by either parent or the person’s guardian.