Bethany, OK asked in Criminal Law for Oklahoma

Q: Is it illegal to be listed as a child on a death certificate if you are not actually a child

The person that died considered me her daughter. I told the funeral home director I was basically her daughter for the last 17 years but she never had children and legally was not her daughter. I was her POA. And he listed me as her daughter on the death certificate and now her niece in Oregon is threatening to charge me with a felony.

Related Topics:
1 Lawyer Answer
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: First, her niece cannot charge you. She can request authorities in Oklahoma to investigate whether a crime was committed, and it would up to the local district attorney or the Attorney General of the State of Oklahoma, if they believe a crime has been committed, to file charges.

It is a felony in Oklahoma to "[m]ake a false statement or knowingly conceal a material fact or otherwise commit fraud in an application for a birth, death or stillbirth certificate..." I do not believe this is applicable to someone who provides information to a funeral director in preparing a death certificate, because it uses the phrase "application for" and the statutes elsewhere reference the funeral director filing the death certificate. Therefore, this more likely applies to individuals applying for a copy of a death certificate. However, even it it were to apply to information supplied to a funeral director for purposes of the filing of a death certificate, it would not be applicable because the information you provided was not misleading. The funeral director must have either presumed you were her daughter (meaning he did not understand what you were saying about being "basically her daughter") or included you as her daughter after you informed the funeral director you were not.

Additionally, Oklahoma law permits a death certificate to be amended "[i]f within sixty (60) days of the initial issuance of a certificate of death, a funeral director, or a person acting as such, requests a correction to any portion of the death record except the information relating to the medical certification portion, due to a scrivener's error, misspelling or other correction of information, the Commissioner of Health, through the State Registrar of Vital Statistics, shall amend the record, provided said request is made in writing or through an electronic system and is accompanied by documentation disclosing the correct information or by a sworn statement of the funeral director." This might be something you (if you wanted to try to help with) or her niece could request the funeral director to do to get this cleared up and avoid any unnecessary drama.

I hope this helps.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.