The Service: Correction, Change and Re-Registration
A civil act record is the document on which your legal identity stands: birth, marriage, death. An error in it — or a change of circumstances over time — means the record must be brought back to accuracy, and that requires a defined procedure. Through this service the Legal.ge team represents you in the procedures of correction, change and addition to a record, in its annulment, and in the establishment of facts of legal significance.
In practice the field begins with three situations: an error made at registration; a change of life circumstances (for example, a surname or citizenship); and the absence of a document, where the fact must first be established. All three routes are different — and choosing correctly saves time.
Grounds: Change, Correction, Addition (Articles 76–80)
The basis for introducing a change, correction and/or addition into a record is the declaration of an authorised person and the existence of the respective circumstances; moreover, where such circumstances are revealed, the registration body may introduce the amendment on its own initiative. Among the grounds for a change are: the registration of adoption; registration of the establishment of paternity; registration of a parent's marriage or divorce where the parent's surname changed; registration of a name and/or surname change; determination of a surname; lawful recognition of a surname; sex change; a court decision on introducing a change; identification of a deceased person; change of citizenship status; and the request to indicate the real place of birth in the birth record.
The grounds for a correction are: discovery of an error made at the registration of the record; a court decision establishing the inaccuracy of a datum; and a decision of an authorised body on establishing a fact of legal significance. An addition is introduced where data were omitted or incompletely stated at registration. Our task is to place your situation in the correct category — the procedure and the documents depend on it.
Who Applies and Within Which Deadlines (Articles 77, 81)
The right to apply belongs to the person about whom the record is composed; to a parent or adoptive parent — regarding their own data in the child's record; for a record concerning a minor under 18 — to a parent, adoptive parent, guardian or curator; for a person with limited capacity — to that person with the curator's consent; and for a deceased person's record — to any interested person. The body must complete the examination of the declaration no later than 15 calendar days from submission, and where the amendment is introduced on its own initiative — within 1 month from the start of the administrative proceeding.
Annulment of a Record (Articles 86–89)
A civil act record (other than birth and death records) is annulled by the court. Birth and death records may be annulled by decision of the civil acts registration body — and the annulment belongs to the body that carried out the registration; where it no longer exists, to the territorially competent body, and where necessary to any body. Annulment proceeds on an interested person's declaration or on the body's own initiative.
Where the same person's birth or death was registered multiple times, the body may annul one of the records. An important restriction: where the registration was based on a court decision, the annulment of the record registered on that ground is admissible only with the interested person's consent; absent consent, the agency applies to the court. An annulment application is examined under the General Administrative Code, where necessary with an oral hearing.
Establishment of Facts of Legal Significance (Articles 90–97)
Where no document exists and obtaining one otherwise is impossible or involves disproportionate costs, the route runs through the establishment of a fact of legal significance. The body establishes: the fact of a person's birth or death at a particular time and in particular circumstances, as well as the facts of birth registration and death registration. For a fact occurring abroad, the body establishes it only with respect to a citizen of Georgia, his minor child, a stateless person holding status in Georgia and a person holding international protection in Georgia. Any interested person may apply.
The proceeding has its own rules: an oral hearing is mandatory, summoning the applicant, other interested persons and witnesses — who must be notified at least 5 calendar days before it is held; written and material evidence, the parties' explanations and witness testimony are all used. The decision is issued no later than 1 month from submission; an extension is possible, but the total period must not exceed 2 months. Liability for false explanations or testimony is provided by law.
Frequently Asked Questions
The questions we hear most often about correcting records:
Within how many days is the application examined?
A declaration on a change, correction and/or addition must be examined no later than 15 calendar days from submission; where introduced on the body's own initiative — within 1 month from the start of the proceeding.
Can a record be annulled by the body?
For birth and death records — yes, by decision of the registration body; in the remaining cases annulment belongs to the court. Note: a record registered on the basis of a court decision may be annulled only with the interested person's consent.
Which facts may the body establish?
The facts of a person's birth and death at a particular time and circumstances, and the facts of birth and death registration. A fact occurring abroad is established only with respect to defined persons, and only where obtaining a document otherwise is impossible or disproportionate.
Who may be the applicant?
For a change/correction/addition — the person about whom the record is composed; a parent or adoptive parent regarding their own data; for a minor — a parent, adoptive parent, guardian or curator; for a deceased person's record — any interested person. For fact establishment, any interested person may apply.
How We Help on Legal.ge
Contact us on Legal.ge: we will assess your record and the nature of the defect; determine the correct procedure — correction, change, addition, annulment or fact establishment; prepare the declaration and the documentary base; represent you before the body and at the oral hearing; and where necessary appeal a refusal. Your record must be accurate — we achieve that lawfully.
