CHAPTER 12

DISCLOSURE OF VITAL RECORDS

  Section 1. Requests - Who May Have Copies. The State Registrar of Vital Records shall not permit inspection of, or disclose information contained in vital records, or copy or issue a copy of all or part of any such record unless the applicant is authorized to obtain information under these rules.

  (a) Birth Records may be obtained by:

    (i) Registrant, if of legal age;

    (ii) Either parent named on the certificate;

    (iii) A lawyer representing either the registrant or the parent(s);

    (iv) A legal guardian upon presentation of a certified copy of the guardianship papers;

    (v) The judicial branch or a department of the federal, state or local government if needed in the performance of their duties. The State Registrar may require the signature of one of the above (i-iv).

  (b) Death records may be obtained by:

    (i) A member of the immediate family;

    (ii) A lawyer representing the immediate family;

    (iii) A bank, executor of the estate, insurance company, or anyone requiring a death certificate to pay a policy or death benefit on the decedent;

    (iv) A funeral home acting for the immediate family;

    (v) The judicial branch or a department of the federal, state or local government if needed in the performance of their duties. The State Registrar may require the signature of a member of the immediate family.

  (c) Marriage records may be obtained by:

    (i) Either party;

    (ii) A lawyer acting for either party;

    (iii) The judicial branch or a department of the federal, state or local government if needed in the performance of their duties. The State Registrar may require the signature of one of the above (i-ii).

  (d) Divorce records may be obtained by:

    (i) Either party;

    (ii) A lawyer acting for either party;

    (iii) The judicial branch or a department of the federal, state or local government if needed in the performance of their duties. The State Registrar may require the signature of one of the above (i-ii).

  (e) Affidavits acknowledging or denying paternity may be obtained by:

    (i) A signatory of the acknowledgment or denial;

    (ii) The child support enforcement agency of any state;

    (iii) The judicial branch of the federal, state, or local government.

  (f) Individuals and organizations other than those listed above may be authorized to obtain certified copies when they demonstrate that the information is needed for the determination of a personal or property right.

  (g) Whenever it shall be deemed necessary to establish an applicant's right to information from vital records, the State Registrar of Vital Records may require identification of the applicant or a sworn statement of identity.

  (h) When one hundred (100) years have elapsed after the date of birth or fifty (50) years have elapsed after the date of death, marriage, or divorce, certified copies of such certificates shall be made available to any person upon submission of an application containing sufficient information to locate the certificate. These certificates may be made available by the State Registrar of Vital Records in microfilm format to the State Archives for public research.

  Section 2. Confidentiality.

  (a) Nothing in these regulations shall be construed to permit disclosure of information contained in the "Confidential Information for Medical and Health Use Only" section of the birth certificate and the "Information for Statistical Purposes Only" section of the marriage and divorce certificates unless specifically permitted by the State Registrar for statistical research.

  (b) Information obtained from records in Vital Records Services shall be treated as confidential by employees of Vital Records Services and others who may have access to the records.

  Section 3. Verifications.

  (a) Verifications of dates and places of events contained in vital records may be furnished by the State Registrar of Vital Records to any agency or person representing the interest of the registrant.

  (b) Such verifications shall be on the forms prescribed and furnished by the State Registrar of Vital Records or on forms furnished by the requesting agency and acceptable to the State Registrar of Vital Records.

  (c) All verifications will be made in writing.

  (d) Written verifications will be issued for genealogical research rather than certified copies of vital records.

  Section 4. Research Purposes. The State Registrar of Vital Records may permit the use of data from vital records for statistical research purposes, subject to such conditions as the State Registrar of Vital Records may impose, as required by law. No data shall be furnished from vital records for research purposes until the State Registrar of Vital Records has received an agreement signed by a responsible agent of the research organization agreeing to meet with and conform to such conditions as may be imposed by the State Registrar, as required by law.

  Section 5. Administrative Purposes. The State Registrar of Vital Records may disclose information from vital records to federal, state, county or municipal agencies of government which request such data in the conduct of their official duties.

  Section 6. Misrepresentation or Fraud. When the State Registrar of Vital Records finds that a certificate was registered through misrepresentation or fraud, a certified copy of such certificate shall not be issued until a court determination of the facts has been made.

  Section 7. Local Registrars. Local Registrars shall take necessary measures to maintain the confidentiality of vital records in their custody. Copies of certificates are not to be issued by the local registrar.