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House Bill 4330 History
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H. B. 4330
(By Delegates Beane, Butcher, Ferrell,
Yeager, Blair, Romine and Schoen)
[Introduced February 6, 2004
; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to repeal §16-5-12a, §16-5-12b, §16-5-18a and §16-5-18b of
the code of West Virginia, 1931, as amended; to amend and
reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4, §16-5-5, §16-5-6,
§16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11, §16-5-12,
§16-5-13, §16-5-14, §16-5-15, §16-5-16, §16-5-17, §16-5-18,
§16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24,
§16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30,
§16-5-31, §16-5-32, §16-5-33, §16-5-34, and §16-5-35 of said
code; and to amend said code by adding thereto three new
sections, designated §16-5-36, §16-5-37 and §16-5-38, all
relating to vital records; defining terms; establishing
section of vital statistics within the bureau for public
health; authorizing legislative rules; authorizing the
appointment of a state registrar; delineating duties and
powers of state registrar; authorizing registration districts;
authorizing appointment and removal of local registrar and deputy local registrars; delineating duties of local
registrars and deputy local registrars; authorizing state
registrar to approve document forms; requiring the filing of
certificates of birth; establishing criteria for paternity to
be indicated on birth certificate; allowing for amendment of
birth records; requiring the reporting of specified birth
defects; requiring notations of missing children on birth
records; requiring reporting of infants of unknown parentage;
providing for delayed registration of births; providing for
establishment of facts of birth through judicial procedure;
requiring courts to report adoptions, annulments of adoptions
or amendments of orders of adoptions; requiring courts to
report paternity determinations; providing for new birth
certificates following adoption, legitimation, or paternity
acknowledgment or determination; requiring reporting of death
and fetal death; providing for delayed registration of death;
authorizing disposition, disinterment and reinterment permits;
authorizing corrections and amendments to vital records;
authorizing reproduction and disposal of vital records;
providing for disclosure of information for research purposes;
providing for issuance of certified copies of vital records;
authorizing fees for copies and record searches; setting forth
duties to keep records and furnish vital information;
authorizing registrar to match birth and death records; limiting use of social security numbers; authorizing the
establishment of system of registering records of marriage,
divorce and annulment; requiring reporting of marriages,
divorces and annulments; providing penalties for violations;
and continuing the section of vital statistics.
Be it enacted by the Legislature of West Virginia:
That §16-5-12a, §16-5-12b, §16-5-18a and §16-5-18b of the code
of West Virginia, 1931, as amended, be repealed; that §16-5-1,
§16-5-2, §16-5-3, §16-5-4, §16-5-5, §16-5-6, §16-5-7, §16-5-8,
§16-5-9, §16-5-10, §16-5-11, §16-5-12, §16-5-13, §16-5-14,
§16-5-15, §16-5-16, §16-5-17, §16-5-18, §16-5-19, §16-5-20,
§16-5-21, §16-5-22, §16-5-23, §16-5-24, §16-5-25, §16-5-26,
§16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-31, §16-5-32,
§16-5-33, §16-5-34, and §16-5-35 of said code be amended and
reenacted; and that said code be amended by adding thereto three
new sections, designated §16-5-36, §16-5-37 and §16-5-38, all to
read as follows:
ARTICLE 5. VITAL STATISTICS.
§16-5-1. Definitions.
As used in this article, unless the context otherwise
requires, the following terms have the following meanings:
(1) "Bureau" means the bureau for public health within the
department of health and human resources.
(2) "Commissioner" means the commissioner of the bureau for public health within the department of health and human resources.
(3) "Date of filing" means the date a vital record is accepted
for registration by the section of vital statistics of the state
bureau for public health.
(4) "Dead body" means a human body or parts of a human body or
bones from the condition of which it reasonably may be concluded
that death occurred.
(5) "Department" means the department of health and human
resources.
(6) "Deputy local registrar" means a person appointed by and
working under the supervision of a local registrar in the discharge
of the vital statistics functions specified to be performed in and
for the county or other district of the local registrar.
(7) "Fetal death" means death prior to the complete expulsion
or extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy and which is not an
induced termination of pregnancy, such death being indicated by the
fact that after such expulsion or extraction the fetus does not
breathe or show any other evidence of life such as beating of the
heart, pulsation of the umbilical cord or definite movement of
voluntary muscles.
(8) "Filing" means the presentation and acceptance of a vital
record or report provided in this article for registration by the
section of vital statistics of the state bureau for public health.
(9) "Final disposition" means the burial, interment,
cremation, removal from the state, or other authorized disposition
of a dead body or fetus.
(10) "Institution" means any establishment, public or private,
which provides inpatient or outpatient medical, surgical, or
diagnostic care or treatment, or nursing, custodial or domiciliary
care to two or more unrelated individuals or to which persons are
committed by law.
(11) "Licensed health professional" means an individual who is
licensed by the state of West Virginia to practice a health
profession.
(12) "Live birth" means the complete expulsion or extraction
from its mother of a product of human conception, irrespective of
the duration of pregnancy, which, after such expulsion or
extraction, breathes or shows any other evidence of life such as
beating of the heart, pulsation of the umbilical cord or definite
movement of voluntary muscles, whether or not the umbilical cord
has been cut or the placenta is attached.
(13) "Local registrar" means the person appointed by the state
registrar of vital statistics for a county or other district to
perform the vital statistics functions specified to be performed in
and for the county or other district.
(14) "Physician" means a person licensed to practice medicine
or osteopathy pursuant to the laws of this state.
(15) "Registration" means the process by which vital records
are completed, filed and incorporated into the official records of
the section of vital statistics.
(16) "Research" means a systematic investigation designed
primarily to develop or contribute to general knowledge.
(17) "System of vital statistics" means the registration,
collection, preservation, amendment, certification of vital
records, the collection of other reports required by this article,
and related activities, including but not limited to, the
tabulation, analysis, publication and dissemination of vital
statistics.
(18) "Vital records" means certificates or reports and data
related to birth, death, and marriage, including divorce,
dissolution of marriage, and annulment.
(19) "Vital reports" means reports and related data designated
in this article and in rules.
(20) "Vital statistics" means the data derived from
certificates and reports of birth, death, fetal death, marriage,
divorce, annulment and related records and reports.
§16-5-2. Establishment of section of vital statistics in bureau
for public health.
(a) There is established in the state bureau for public health
a section of vital statistics which shall install, maintain, and
operate the only system of vital statistics throughout this state. (b) The section of vital statistics shall be provided with
sufficient staff, suitable offices with a fire-proof vault and a
non-liquid fire suppression system for the protection of paper
records and magnetic media, and other resources for the proper
administration of the system of vital statistics and for the
preservation and security of its official records.
§16-5-3. Department of health and human resources to propose
legislative rules.
(a) The department of health and human resources shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code, to provide for:
(1) Adequate standards of security and confidentiality of
vital records;
(2) Requirements for individuals in the state who may be
designated by the state registrar to aid in the administration of
the system of vital statistics;
(3) Criteria for registration districts throughout the state;
(4) Requirements for the completion, filing, correction and
amendment of certificates, reports and other documents required by
this article;
(5) Requirements for registering a delayed certificate of
birth, including provisions for dismissing an application which is
not actively pursued;
(6) Inspection of evidence of adoption, annulment of adoption, legitimation or court determination of paternity;
(7) Completion of the medical certification of the cause of
death;
(8) Record keeping requirements for receipt, removal,
delivery, burial, cremation or other final disposition of a dead
body or fetus;
(9) Authorization for the disinterment and reinterment of a
dead body or fetus;
(10) Extension of prescribed time periods for the filing of
delayed registrations of death, reports of fetal death and
authorizations for disposition and disinterment and reinterment,
including authorization for disposition prior to filing a
certificate of death;
(11) Disposal of original records from which permanent
reproductions have been made;
(12) Disclosure of confidential information for
administrative, statistical or research purposes;
(13) Release of records after one hundred years of birth, or
fifty years of death, fetal death, marriage, divorce or annulment;
(14) Authorization for preparing, issuing or obtaining copies
of vital records;
(15) Requirements for matching and marking certificates of
birth and death for the purpose of preventing the fraudulent use of
birth certificates;
(16) Utilization of social security numbers to meet
requirements of federal law;
(17) Requirements for a statewide system of registering,
indexing and preserving records of marriage, divorce and annulment
of marriage; and
(18) Any other purpose to carry out the requirements of this
article.
(b) Any rules in effect as of the passage of this article will
remain in effect until amended, modified, repealed or replaced,
except that references to provisions of former enactments of this
article are interpreted to mean provisions of this article.
§16-5-4. Appointment of state registrar of vital statistics.
The commissioner of the bureau for public health shall appoint
the state registrar of vital statistics, hereinafter referred to as
the "state registrar."
§16-5-5. Duties and powers of state registrar.
(a) The state registrar shall:
(1) Administer and enforce the provisions of this article and
the rules promulgated pursuant to this article, and issue
instructions for the efficient administration of the system of
vital statistics;
(2) Direct and supervise the system of vital statistics and
the operation of the section of vital statistics, and act as
custodian of its records;
(3) Direct, supervise, and control all activities pertaining
to the operation of the system of vital statistics;
(4) Conduct training programs to promote uniformity of
policies and procedures throughout the state in matters pertaining
to the system of vital statistics;
(5) Prescribe, furnish, and distribute forms required by this
article and the rules promulgated pursuant to this article, and
prescribe means for transmission of data to accomplish the purpose
of complete and accurate reporting and registration;
(6) Prepare and publish annual reports of vital statistics
and other reports required by the commissioner;
(7) Provide to local health agencies copies of or data derived
from certificates and reports required under this article as the
state registrar may determine are necessary for local health
planning and program activities: Provided, That the copies and
data remain the property of the section of vital statistics, and
the uses that may be made of them are governed by the state
registrar; and
(8) Offer voluntary paternity establishment services in
accordance with federal regulations set forth in 45 CFR 303.5(g).
(b) The state registrar may:
(1) Designate individuals in the state as meet the
requirements provided by rule to aid in the efficient
administration of the system of vital statistics;
(2) Delegate functions and duties to employees of the section
of vital statistics and to individuals designated under subdivision
one of this subsection;
(3) Investigate, personally or by a duly delegated
representative, cases of irregularity or violation of law arising
under the provisions of this article;
(4) Report cases of violation of any of the provisions of this
article to the prosecuting attorney of the county, with a statement
of the facts and circumstances. The prosecuting attorney may
prosecute the person or corporation responsible for the alleged
violation of law. Upon request of the state registrar, the
attorney general shall assist in the enforcement of the provisions
of this article.
§16-5-6. Registration districts.
Subject to the rules promulgated by the department, the
commissioner may establish, eliminate, consolidate, subdivide or
alter the boundaries of, registration districts throughout the
state.
§16-5-7. Appointment and removal of local registrars and deputy
local registrars.
(a) The state registrar may appoint one or more local
registrars and deputy local registrars, and may assign them to one
or more registration districts.
(b) The state registrar may remove a local registrar or a deputy local registrar for reasonable cause.
§16-5-8. Duties of local registrars and deputy local registrars.
(a) A local registrar shall:
(1) Administer and enforce the provisions of this article and
the rules promulgated pursuant to this article, according to the
instructions of the state registrar;
(2) Require that certificates be completed and filed in
accordance with provisions of this article and the rules
promulgated pursuant to this article;
(3) Transmit, by mail or an approved electronic process, all
certificates, reports or other returns to the state registrar on a
schedule to be determined by the state registrar;
(4) Maintain records, make reports and perform other duties as
required by the state registrar.
(b) A deputy local registrar shall perform the duties of the
local registrar in the absence or incapacity of the local
registrar, and shall perform other duties as prescribed by the
state registrar.
§16-5-9. Content of certificates and reports.
(a) To promote uniformity in the system of vital statistics,
in addition to the items required by state law, the forms of
certificates, reports and other returns required by this article or
by rules promulgated pursuant to this article shall include the
items recommended by the federal agency responsible for national vital statistics, subject to the commissioner's approval or
modification.
(b) The state registrar shall approve the form and format for
each certificate, report, and other document required by this
article.
(c) All vital records shall contain the date of filing.
(d) Information required in certificates, forms, records, or
reports authorized by this article may be filed, verified,
registered, and stored by photographic, electronic, or other means
as prescribed by the state registrar.
§16-5-10. Birth registration; acknowledgment and rescission of
paternity.
(a) A certificate of birth for each live birth which occurs in
this state shall be filed with the section of vital statistics, or
as otherwise directed by the state registrar, within seven days
after the birth, and shall be registered if it has been completed
and filed in accordance with this section.
(b) When a birth occurs in transit to or in an institution,
the person in charge of the institution or his or her authorized
designee shall obtain all data required by the certificate, prepare
the certificate, certify either by signature or by an approved
electronic process that the child was born alive at the place and
time and on the date stated, and file the certificate as directed
in subsection (a) of this section. The physician or other person in attendance, or any person providing prenatal care shall provide
the medical information required by the certificate within seventy-
two hours after the birth.
(c) When a birth occurs other than in transit to or in an
institution, the certificate shall be prepared and filed by one of
the following persons in the indicated order of priority, in
accordance with legislative rule:
(1) The physician in attendance at or immediately after the
birth;
(2) Any other person in attendance at or immediately after the
birth;
(3) The father or the mother, or, in the absence of the father
and the inability of the mother, the person in charge of the
premises where the birth occurred; or
(4) Any other person qualified by the department by rule to
establish the facts of birth.
(d) When a birth occurs on a moving conveyance within the
United States and the child is first removed from the conveyance in
this state, the birth shall be registered in this state, and the
place where it is first removed shall be considered the place of
birth. When a birth occurs on a moving conveyance while in
international waters or air space or in a foreign country or its
air space and the child is first removed from the conveyance in
this state, the birth shall be registered in this state, but the certificate shall show the actual place of birth insofar as can be
determined.
(e) For the purposes of birth registration, the woman who
gives birth to the child is presumed to be the mother, unless
otherwise specifically provided for by state law or determined by
a court of competent jurisdiction prior to the filing of the
certificate of birth.
(f) If the mother was married at the time of either conception
or birth, or between conception and birth, the name of the most
recent husband shall be entered on the certificate as the father of
the child unless:
(1) Paternity has been determined otherwise by a court of
competent jurisdiction pursuant to the provisions of article
twenty-four, chapter forty-eight of this code or other applicable
law, in which case the name of the father as determined by the
court shall be entered on the certificate; or
(2) Genetic testing shows that the alleged father is the
biological father of the child pursuant to the following
guidelines:
(A) The tests show that the inherited characteristics,
including, but not limited to, blood types, have been determined by
appropriate testing procedures at a hospital, independent medical
institution or independent medical laboratory duly licensed under
the laws of this state, or any other state, and an expert qualified as an examiner of genetic markers has analyzed, interpreted and
reported on the results; and
(B) The blood or tissue or other genetic test results show a
statistical probability of paternity of more than ninety-eight
percent; or
(3) The mother, her husband, and an alleged father acknowledge
that the husband is not the biological father and that the alleged
father is the true biological father: Provided, That the
conditions set forth in paragraphs A through D are met:
(A) The mother executes an affidavit of nonpaternity attesting
that her husband is not the biological father of the child and that
another man is the biological father; and
(B) The man named as the alleged biological father executes an
affidavit of paternity attesting that he is the biological father;
and
(C) The husband executes an affidavit of nonpaternity
attesting that he is not the biological father; and
(D) Affidavits executed pursuant to the provisions of this
subdivision may be joint or individual or a combination thereof,
and each signature shall be individually notarized. If one of the
parties is an unemancipated minor, his or her parent or legal
guardian must also sign the respective affidavit.
(4) If the affidavits are executed as specified in subdivision
three, or genetic tests as specified in subdivision two verify that the alleged father is the biological father, the alleged father
shall be shown as the father on the certificate of live birth.
Paternity established pursuant to subdivisions two or three
establishes the father for all legal purposes including, but not
limited to, the establishment and enforcement of child support
orders, and may be rescinded only by court order upon a showing of
fraud, duress or material mistake of fact.
(5) Paternity may be established pursuant to subdivisions two
or three only when the husband's name does not appear as the father
of the child on a registered and filed certificate of live birth
and the affidavits or genetic tests are completed and submitted to
the section of vital statistics within one year of the date of
birth of the child.
(g) If the mother was not married at the time of either
conception or birth, or between conception and birth, the name of
the father shall not be entered on the certificate of birth without
an affidavit of paternity signed by the mother and the person to be
named as the father. The affidavit may be joint or individual and
each signature shall be individually notarized.
(h) A notarized affidavit of paternity, signed by the mother
and the man to be named as the father, acknowledging that the man
is the father of the child, legally establishes the man as the
father of the child for all purposes, and child support may be
established pursuant to the provisions of chapter forty-eight of this code.
(1) The notarized affidavit of paternity shall include filing
instructions, the parties' social security numbers and addresses
and a statement that the parties were given notice of the
alternatives to, the legal consequences of, and the rights and
obligations of acknowledging paternity, including, but not limited
to, the duty to support a child. If either of the parents is a
minor, the statement shall include an explanation of any rights
that may be afforded due to the minority status.
(2) The failure or refusal to include all information required
by subdivision one of this subsection shall not affect the validity
of the affidavit of paternity, in the absence of a finding by a
court of competent jurisdiction that it was obtained by fraud,
duress or material mistake of fact, as provided in subdivision four
of this subsection.
(3) The original notarized affidavit of paternity shall be
filed with the state registrar. If a certificate of birth for the
child has been previously issued which is incorrect or incomplete,
a new certificate of birth will be created and placed on file. The
new certificate of birth will not be marked "Amended."
(4) Upon receipt of any notarized affidavit of paternity
executed pursuant to this section, the registrar shall forward a
copy to the bureau for child support enforcement.
(5) An acknowledgment executed under the provisions of this subsection may be rescinded as follows:
(A) The parent wishing to rescind the acknowledgment shall
file with the clerk of the circuit court of the county in which the
child resides a verified complaint stating the name of the child,
the name of the other parent, the date of the birth of the child,
the date of the signing of the affidavit, and a statement that he
or she wishes to rescind the acknowledgment of the paternity. If
the complaint is filed more than sixty days from the date of
execution of the affidavit of paternity or the date of an
administrative or judicial proceeding relating to the child in
which the signatory of the affidavit of paternity is a party, the
complaint shall include specific allegations concerning the
elements of fraud, duress or material mistake of fact.
(B) The complaint shall be served upon the other parent as
provided in Rule 4 of the West Virginia rules of civil procedure.
(C) The family court judge shall hold a hearing within sixty
days of the service of process upon the other parent.
(D) If the complaint was filed within sixty days of the date
the affidavit of paternity was executed, the court shall order the
acknowledgment to be rescinded without any requirement of a showing
of fraud, duress, or material mistake of fact.
(E) If the complaint was filed more than sixty days from the
date of execution of the affidavit of paternity or the date of an
administrative or judicial proceeding relating to the child in which the signatory of the affidavit of paternity is a party, the
court may set aside the acknowledgment only upon a finding, by
clear and convincing evidence, that the acknowledgment was executed
under circumstances of fraud, duress or material mistake of fact.
(F) The circuit clerk shall forward a copy of any order
entered pursuant to this proceeding to the state registrar by
certified mail. The order shall state all changes to be made, if
any, to the certificate of birth. The certificate of birth may not
be marked "Amended."
(i) In any case in which paternity of a child is determined by
a court of competent jurisdiction pursuant to the provisions of
article twenty-four, chapter forty-eight of this code or other
applicable law, the name of the father and surname of the child
shall be entered on the certificate of birth in accordance with the
finding and order of the court.
(j) If the father is not named on the certificate of birth, no
other information about the father may be entered on the
certificate.
(k) In order to permit the filing of the certificate of birth
within the seven days prescribed in subsection (a) of this section,
one of the parents of the child must verify the accuracy of the
personal data to be entered on the certificate. Certificates of
birth filed after seven days, but within one year from the date of
birth, will be registered on the standard form of the certificate of birth and will not be marked "Delayed." The state registrar may
require additional evidence in support of the facts of birth for
certificates filed after seven days from the date of birth.
(l) In addition to the personal data furnished for the
certificate of birth issued for a live birth in accordance with the
provisions of this section, a person whose name is to appear on the
certificate of birth as a parent shall contemporaneously furnish to
the person preparing and filing the certificate of birth the social
security number or numbers issued to the parent. A record of the
social security number or numbers shall be filed with the local
registrar of the district in which the birth occurs within seven
days after the birth, and the local registrar shall transmit the
number or numbers to the state registrar in the same manner as
other personal data is transmitted to the state registrar.
(m) The local registrar shall transmit by mail or an approved
electronic process each month to the county clerk of each county
the copies of the certificates of all births occurring in the
county or the data extracted therefrom, from which copies the clerk
shall compile records of the births and shall create an index to
the birth records that shall be a matter of public record. The
state registrar shall prescribe the form of the index of births.
§16-5-11. Registration of infants and minors born with specified
birth defects.
(a) When a live birth occurs, the physician or midwife in attendance at, or present immediately after, the birth shall
examine the infant for any of the following birth defects:
(1) Anencephaly;
(2) Spina bifida;
(3) Hydrocephaly;
(4) Cleft palate;
(5) Total cleft lip;
(6) Esophageal atresia and atenosis;
(7) Rectal and anal atresia;
(8) Hypospadias;
(9) Reduction and deformity - upper limb;
(10) Reduction and deformity - lower limb;
(11) Congenital dislocation of the hip;
(12) Down's syndrome;
(13) Visual impairments;
(14) Sickle cell anemia; and
(15) Others as may be requested by the commissioner;
(b) If any such impairment is found in an infant, or in any
subsequent examination of any minor which has not been previously
diagnosed, the examining physician, midwife or other health care
provider licensed under chapter thirty of the code shall within
thirty days of the examination make a report of the diagnosis to
the state registrar or other agency within the bureau as designated
by the commissioner on forms provided by the bureau. The report shall include the name of the child, the name or names of the
parents or parent or guardian, a description of the impairment and
other related information as specified by the commissioner.
(c) The information received by the state registrar or other
agency within the bureau as designated by the commissioner pursuant
to this section pertaining to the identity of the persons named
shall be kept confidential: Provided, That if consent of a parent
or of the guardian is obtained, the state registrar or other agency
within the bureau as designated by the commissioner may provide the
information to federal, state, and local government agencies so
that the information can be utilized to provide assistance or
services for the benefit of the child.
§16-5-12. Notation on birth records of missing children.
(a) Upon receiving a report of the disappearance of any child
born in this state, the state registrar shall indicate in a clear
and conspicuous manner in the child's birth record or by an
electronic process that the child has been reported as missing,
including the title and location of the law-enforcement agency
providing the report.
(b) Upon receiving a request for any birth records containing
a report of the disappearance of any child, the state registrar
shall immediately notify the local law-enforcement agency which
provided the missing child report. The state registrar shall
transmit any relevant information concerning the applicant's identity, address and other pertinent data immediately to the
relevant local law-enforcement agency.
(c) The state registrar shall retain the original written
request until notified of the missing child's recovery or the child
attains the age of eighteen.
(d) Upon notification that any missing child has been
recovered, the state registrar shall remove the report of the
disappearance from the child's birth record.
§16-5-13. Infants of unknown parentage; foundling registration.
(a) Whoever assumes the custody of a live-born infant of
unknown parentage shall report within seven days to the state
registrar, on a form and in a manner prescribed by the state
registrar, the following information:
(1) The date and city or county, or both, of finding;
(2) Sex and approximate birth date of child;
(3) Name and address of the person with whom or the
institution with which the child has been placed for care;
(4) Name given to the child by the custodian of the child; and
(5) Other data required by the state registrar.
(b) The place where the child was found shall be entered as
the place of birth.
(c) A report registered under this section shall constitute
the certificate of birth for the child.
(d) If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall
be placed in a special file and may not be subject to inspection
except upon order of a court of competent jurisdiction or as
provided by rule.
§16-5-14. Delayed registration of births.
(a) The state registrar may register a delayed certificate of
birth in accordance with a legislative rule to be promulgated by
the department, which rule will provide for qualifications for
applicants and the evidentiary documentation required. The rule
may provide for the dismissal of an application which is not
actively pursued.
(b) When a certificate of birth of a person born in West
Virginia has not been filed within one year, a delayed certificate
of birth may be filed in accordance with the legislative rule.
(c) A certificate of birth registered one year or more after
the date of birth shall be registered on a delayed birth
certificate of birth form. The delayed certificate will show on
its face the date of registration and will contain a summary
statement of the evidentiary documentation submitted in support of
the delayed registration.
(d) No delayed certificate of birth may be registered for a
deceased person.
(e) If the required evidentiary documentation required is not
filed with the application for a delayed registration of birth or the state registrar has cause to question the validity or adequacy
of the evidentiary documentation, the state registrar may not
register the delayed certificate of birth and shall advise the
applicant of his or her right to seek an order from a court of
competent jurisdiction.
(f) In addition to the required documentation and other data
furnished in an application for a delayed registration of birth in
accordance with the provisions of this section, a person whose name
is to appear on the certificate of birth as a parent shall
contemporaneously furnish with the application the social security
number or numbers issued to the parent.
§16-5-15. Judicial procedure to establish facts of birth.
(a) If the state registrar refuses to file a certificate of
birth under the provisions of section ten or section fourteen of
this article, a petition signed and sworn to by the petitioner may
be filed in the circuit court of the county in which the petitioner
resides or in the circuit court of Kanawha County for an order
establishing a record of the date and place of the birth and the
parentage of the person whose birth is to be registered.
(b) The petition may be made on a form prescribed and
furnished or approved by the state registrar, and must allege:
(1) That the person for whom a certificate of birth is sought
was born in this state;
(2) That no certificate of birth can be found in the section of vital statistics or the office of any local custodian of
certificates of birth;
(3) That diligent efforts by the petitioner have failed to
obtain the evidence required in accordance with section ten or
section fourteen of this article and of any rules promulgated
pursuant to this article;
(4) That the state registrar has refused to register a
certificate of birth; and
(5) Such other allegations as may be required.
(c) The petition must be accompanied by a copy of the
statement of the state registrar made in accordance with sections
ten or fourteen of this article and by copies of all evidentiary
documentation which was submitted to the state registrar in support
of the registration.
(d) The court shall fix a time and place for hearing the
petition and shall give the state registrar not less than twenty
days' notice of said hearing. The state registrar, or his or her
authorized representative, may appear and testify in the
proceeding.
(e) If the court finds from the evidence presented that the
person for whom a certificate of birth is sought was born in this
state, it shall make findings as to the place and date of birth,
parentage, and such other findings as may be required and shall
issue an order, on a form prescribed and furnished or approved by the state registrar, to establish a record of birth. This order
shall include the birth data to be registered, a description of the
evidence presented, and the date of the court's action.
(f) The clerk of the court shall forward each order
establishing a record of birth to the state registrar not later
than the tenth day of the calendar month following the month in
which it was entered. The state registrar shall register the
order, which shall constitute the court order certificate of birth.
(g) Any order is final unless reversed, vacated or modified on
appeal, and any appeal must be sought in the manner and within the
time provided by law for appeals in other civil cases.
(h) In addition to the evidence presented to establish a court
order certificate of birth in accordance with the provisions of
this section, a person whose name is to appear on the court order
certificate of birth as a parent shall furnish to the clerk of the
circuit court the social security number or numbers issued to the
parent. A record of the social security number or numbers shall be
forwarded to the state registrar along with the order establishing
a court order certificate of birth.
§16-5-16. Certificates of adoption.
(a) When a court of competent jurisdiction has entered an
order of adoption in this state, it shall require the preparation
of a certificate of adoption on a form prescribed and furnished by
the state registrar. The certificate of adoption shall be certified by the clerk of court and shall provide:
(1) Facts necessary to locate and identify the certificate of
birth of the person adopted or, in the case of a person who was
born in a foreign country, evidence from sources determined to be
reliable by the court as to the date and place of birth;
(2) Information necessary to establish a new certificate of
birth of the person adopted; and
(3) Information sufficient to identify the order of adoption.
(b) Each petitioner shall furnish the information necessary to
prepare the certificate of adoption. The court may require any
social service or welfare agency or any person having knowledge of
the facts to provide such additional information as may be
necessary to complete the certificate of adoption.
(c) Whenever an order of adoption is amended, vacated or
annulled, the clerk of the court shall prepare a report, which
shall include the facts necessary to identify the original
certificate of adoption and the facts in the new order necessary to
amend the birth record.
(d) Not later than the tenth day of each calendar month, the
clerk of the court shall forward to the state registrar
certificates of adoption and reports of annulments or amendments
entered in the preceding month, together with such related reports
as the state registrar shall require.
(e) When the state registrar receives a certificate of adoption, report of annulment of adoption, or amendment of an order
of adoption for a person born in a state other than West Virginia,
he or she shall forward the certificate or report to the state
registrar in the state of birth.
(f) When the state registrar receives a certificate of
adoption, report of annulment of adoption, or amendment of an order
of adoption for a person born in a foreign country, and the person
was not a citizen of the United States at the time of birth, the
state registrar shall prepare a "Certificate of Foreign Birth" as
provided by subsection (h), section seventeen of this article. If
the person was born in Canada, the state registrar shall send a
copy of the certificate of adoption, report of annulment of
adoption, or amendment of an order of adoption to the registration
authority in Canada.
(g) When the state registrar receives a certificate of
adoption, report of annulment of adoption, or amendment of an order
of adoption for a person born in a foreign country who was a
citizen of the United States at the time of birth, the state
registrar may not prepare a "Certificate of Foreign Birth" but
shall notify the adoptive parents of the procedures for obtaining
a revised certificate of birth through the United States department
of state.
(h) In addition to the information furnished in accordance
with subsection (b) of this section, each person whose name is to appear on the certificate of adoption as a parent, whether as an
adoptive parent or as a natural parent who joins in the adoption
without relinquishing parental rights, shall furnish to the clerk
of the circuit court the social security number or numbers issued
to the parent. A record of the social security number or numbers
shall be forwarded to the state registrar along with the
certificate of adoption, as provided in subsection (d) of this
section.
§16-5-17. Court reports of determination of paternity.
(a) When a court of competent jurisdiction has entered an
order of paternity, the petitioner shall provide the information
necessary for the clerk of the court to complete and certify a
certificate of paternity on a form prescribed and furnished by the
state registrar. The certificate of paternity shall provide:
(1) Facts necessary to locate and identify the certificate of
birth of the person whose paternity is determined;
(2) Information necessary to establish a new certificate of
birth of the person whose paternity is determined; and
(3) Information sufficient to identify the order of paternity.
(b) Not later than the tenth day of each calendar month, the
clerk of the court shall forward to the state registrar
certificates of paternity entered in the preceding month, together
with such related reports as the state registrar shall require.
(c) In addition to providing the information necessary to establish a new certificate of birth of the person whose paternity
has been determined, a person whose name is to appear on the
certificate of paternity as a parent shall furnish to the clerk of
the circuit court the social security number or numbers issued to
the parent. A record of the social security number or numbers
shall be forwarded to the state registrar along with the
certificate of paternity, as provided in subsection (b) of this
section.
§16-5-18. Certificates of birth following adoption, legitimation,
paternity acknowledgment and court determination of
paternity.
(a) The state registrar shall establish a new certificate of
birth for a person born in West Virginia when he or she receives
the following:
(1) A certificate of adoption as provided in section sixteen
of this article or a certificate of adoption prepared and filed in
accordance with the laws of another state, or a certified copy of
the order of adoption, together with the information necessary to
identify the original certificate of birth and to establish a new
certificate of birth; or
(2) A request that a new certificate be established as
prescribed by legislative rule, based upon evidence that:
(A) The person for whom the certificate is sought has been
legitimated;
(B) A court of competent jurisdiction has determined the
paternity of the person; or
(C) Both parents have acknowledged the paternity of the
person.
(b) A new certificate of birth shall show the actual city,
county and date of birth, and shall be substituted for the original
certificate of birth in the files. The original certificate of
birth and the evidence of adoption, legitimation, court
determination of paternity, or affidavit of paternity may not be
inspected except upon order of a court of competent jurisdiction or
as provided by legislative rule or as otherwise provided by state
law.
(c) Upon receipt of a report of an amended order of adoption,
the state registrar shall amend the certificate of birth as
provided by legislative rule.
(d) Upon receipt of a report or order of annulment of
adoption, the state registrar shall restore the original
certificate of birth to its place in the files and the new
certificate and evidence may not be inspected except upon order of
a court of competent jurisdiction or as provided by legislative
rule or as otherwise provided by state law.
(e) Upon receipt of a written request and a sworn affidavit of
paternity signed by both parents of a child born out of wedlock,
the state registrar shall place the name of the father on the certificate of birth in the manner prescribed by legislative rule.
(f) If no certificate of birth is on file for the person for
whom a new certificate of birth is to be established under this
section, a delayed certificate of birth must be filed with the
state registrar as provided in section fourteen or fifteen of this
article before a new certificate of birth is established, except
that when the date and place of birth and parentage have been
established by a court of competent jurisdiction, a delayed
certificate is not required.
(g) When a new certificate of birth is established by the
state registrar, all copies of the original certificate of birth in
the custody of any other custodian of vital records in this state
shall be sealed from inspection or forwarded to the state
registrar, as he or she shall direct.
(h) Upon receipt of the documentation set forth in subdivision
(1) of this subsection, the state registrar shall prepare and
register a certificate in this state for a person born in a foreign
country who is not a citizen of the United States and who was
adopted through a court of competent jurisdiction in this state.
(1) The state registrar shall establish the certificate upon
receipt of:
(A) A certificate of adoption from the court ordering the
adoption;
(B) Proof of the date and place of the child's birth; and(C) A request that the certificate be prepared, from the
court, the adopting parents, or the adopted person if he or she has
attained the age of eighteen years.
(2) The certificate shall be labeled "Certificate of Foreign
Birth" and shall show the actual country of birth. The certificate
shall include a statement that it is not evidence of United States
citizenship for the person for whom it is issued.
(3) After registration of the certificate of birth in the new
name of the adopted person, the state registrar shall seal and file
the certificate of adoption, which may not be inspected except upon
order of a court of competent jurisdiction or as provided by
legislative rule or as otherwise provided by state law.
§16-5-19. Death registration.
(a) A certificate of death for each death which occurs in this
state shall be filed with the section of vital statistics, or as
otherwise directed by the state registrar, within five days after
death, and prior to final disposition, and shall be registered if
it has been completed and filed in accordance with this section.
(1) If the place of death is unknown, but the dead body is
found in this state, the place where the body was found shall be
shown as the place of death.
(2) If the date of death is unknown, it shall be approximated.
If the date cannot be approximated, the date found shall be shown
as the date of death.
(3) If death occurs in a moving conveyance in the United
States and the body is first removed from the conveyance in this
state, the death shall be registered in this state and the place
where it is first removed shall be considered the place of death.
(4) If death occurs on a moving conveyance while in
international waters or air space or in a foreign country or its
air space and the body is first removed from the conveyance in this
state, the death shall be registered in this state but the
certificate shall show the actual place of death insofar as can be
determined.
(5) In all other cases, the place where death is pronounced
shall be considered the place where death occurred.
(b) The funeral director or other person who assumes custody
of the dead body shall:
(1) Obtain the personal data from the next of kin or the best
qualified person or source available, including the deceased
person's social security number or numbers, which shall be placed
in the records relating to the death and recorded on the
certificate of death;
(2) Within forty-eight hours after death, provide the
certificate of death containing sufficient information to identify
the decedent to the physician responsible for completing the
medical certification as provided in subsection (c) of this
section; and
(3) Upon receipt of the medical certification, file the
certificate of death.
(c) The medical certification shall be completed and signed
within twenty-four hours after receipt of the certificate of death
by the physician in charge of the patient's care for the illness or
condition which resulted in death, except when inquiry is required
pursuant to chapter sixty-one, article twelve or other applicable
provisions of this code.
(1) In the absence of the physician or with his or her
approval, the certificate may be completed by his or her associate
physician, any physician who has been placed in a position of
responsibility for any medical coverage of the decedent, the chief
medical officer of the institution in which death occurred, or the
physician who performed an autopsy upon the decedent, provided
death is due to natural causes.
(2) The person completing the cause of death shall attest to
its accuracy either by signature or by an approved electronic
process.
(d) When inquiry is required pursuant to article twelve,
chapter sixty-one, or other applicable provisions of this code, the
state medical examiner or designee or county medical examiner or
county coroner in the jurisdiction where death occurred or where
the body was found shall determine the cause of death and shall
complete the medical certification within forty-eight hours after taking charge of the case.
(1) If the cause of death cannot be determined within forty-
eight hours after taking charge of the case, the medical examiner
shall complete the medical certification with a "Pending" cause of
death to be amended upon completion of medical investigation.
(2) After investigation of a report of death for which inquiry
is required, if the state medical examiner or designee or county
medical examiner or county coroner decline jurisdiction, the state
medical examiner or designee or county medical examiner or county
coroner may direct the decedent's family physician or the physician
who pronounces death to complete the certification of death:
Provided, That the physician is not civilly liable for inaccuracy
or other incorrect statement of death unless the physician
willfully and knowingly provides information he or she knows to be
false.
(e) When death occurs in an institution and the person
responsible for the completion of the medical certification is not
available to pronounce death, another physician may pronounce
death. If there is no physician available to pronounce death, then
a designated licensed health professional who views the body may
pronounce death, attest to the pronouncement by signature or an
approved electronic process, and, with the permission of the person
responsible for the medical certification, release the body to the
funeral director or other person for final disposition: Provided, That if the death occurs in an institution during court-mandated
hospitalization, in a correctional facility or under custody of
law-enforcement authorities, the death shall be reported directly
to a medical examiner or coroner for investigation, pronouncement
and certification.
(f) If the cause of death cannot be determined within the time
prescribed, the medical certification shall be completed as
provided by legislative rule. The attending physician or medical
examiner, upon request, shall give the funeral director or other
person assuming custody of the body notice of the reason for the
delay, and final disposition of the body may not be made until
authorized by the attending physician or medical examiner.
(g) Upon receipt of autopsy results, additional scientific
study, or where further inquiry or investigation provides
additional information that would change the information on the
certificate of death from that originally reported, the certifier,
or any state medical examiner who provides such inquiry under
authority of article twelve, chapter sixty-one of this code shall
immediately file a supplemental report of cause of death or other
information with the section of vital statistics to amend the
record, but only for purposes of accuracy.
(h) When death is presumed to have occurred within this state
but the body cannot be located, a certificate of death may be
prepared by the state registrar only upon receipt of an order of a court of competent jurisdiction which shall include the finding of
facts required to complete the certificate of death. The
certificate of death will be marked "Presumptive" and will show on
its face the date of death as determined by the court and the date
of registration, and shall identify the court and the date of the
order.
(i) The local registrar shall transmit each month to the
county clerk of his or her county a copy of the certificates of all
deaths occurring in the county, and if any person dies in a county
other than the county within the state in which such person last
resided prior to death, then the state registrar shall furnish a
copy of the certificate of death to the clerk of the county
commission of the county wherein such person last resided, from
which copies the clerk shall compile a register of deaths, in a
form as prescribed by the state registrar, which register is a
public record.
§16-5-20. Delayed registration of death.
(a) When a death occurring in this state has not been
registered within the time period described by section nineteen of
this article, a certificate of death may be filed subject to
evidentiary documentation and other requirements as prescribed by
legislative rule.
(b) If the required evidentiary documentation is not filed
with the application for a delayed registration of death or the state registrar has cause to question the validity or adequacy of
the evidentiary documentation, the state registrar may not register
the delayed certificate of death and shall advise the applicant of
his or her right to seek an order from a court of competent
jurisdiction.
(c) A certificate of death registered one year or more after
the date of death shall be marked "Delayed" and shall show on its
face the date of the delayed registration.
§16-5-21. Reports of fetal death.
Each fetal death, of three hundred fifty grams or more, and if
the weight is unknown, of twenty completed weeks of gestation or
more calculated from the date the last normal menstrual period
began to the date of delivery, which occurs in this state, shall be
reported within five days after delivery to the section of vital
statistics or as otherwise directed by the state registrar.
(1) When a fetal death occurs in an institution, the person in
charge of the institution or his or her designated representative
shall prepare and file the report. In obtaining the information
required by the report, all institutions shall use information
gathering procedures, including worksheets, provided or approved by
the state registrar.
(2) When a fetal death occurs outside an institution, the
physician in attendance at or immediately after delivery shall
prepare and file the report.
(3) When inquiry is required pursuant to article twelve,
chapter sixty-one, or other applicable provisions of this code, the
state medical examiner or designee or county medical examiner or
county coroner shall investigate the cause of fetal death and shall
prepare and file the report of fetal death within five days. If
after investigation, the state medical examiner or designee or
county medical examiner or county coroner decline jurisdiction, the
state medical examiner or designee or county medical examiner or
county coroner may direct the local health officer to investigate
the cause of fetal death and prepare and file the report.
(4) When a fetal death occurs in a moving conveyance and the
fetus is first removed from the conveyance in this state, the place
where the fetus was first removed from the conveyance will be
considered the place of death.
(5) When a fetus is found in this state and the place of death
is unknown, the fetal death shall be reported in this state, and
the place where the fetus was found will be considered the place of
fetal death.
§16-5-22. Authorization for disposition and disinterment and
reinterment permits.
(a) The funeral director or other person who assumes custody
of a dead body shall obtain authorization prior to final
disposition of the body.
(1) The physician or state medical examiner, county medical examiner or designee shall authorize final disposition of the body
on a form or in a format prescribed by the state registrar.
(2) If the body is to be cremated, authorization for cremation
must be obtained from the state medical examiner, county medical
examiner or county coroner on a form or in a format prescribed by
the state medical examiner's office.
(b) Prior to final disposition of a fetus, irrespective of the
duration of pregnancy, the funeral director, the person in charge
of the institution, or other person assuming responsibility for
final disposition of the fetus shall obtain from a parent
authorization for final disposition, on a form or in a format
prescribed by the state registrar.
(c) With the consent of the physician or state medical
examiner or county medical examiner or designee who is to certify
the cause of death, a dead body may be moved from the place of
death for the purpose of being prepared for final disposition.
(d) An authorization for disposition issued under the law of
another state which accompanies a dead body or fetus brought into
this state shall be authority for final disposition of the body or
fetus in this state.
(e) No sexton or other person in charge of any place in which
interment or other disposition of dead bodies is made may inter or
allow interment or other disposition of a dead body or fetus unless
it is accompanied by authorization for final disposition.
(f) Each person in charge of any place for final disposition
shall return all authorizations to the funeral director or person
acting as such within ten days after the date of disposition, and
shall indicate the date of disposition on the authorization.
(g) Each person in charge of any place for final disposition
shall keep a record of all bodies interred or otherwise disposed of
on the premises under his or her charge. The record must contain
the name of the deceased person, place of death, date of burial or
disposal, name and address of the funeral director or person acting
for him or her, and such other information as may be required by
legislative rule. The record shall at all times be open to
official inspection.
(h) When there is no person in charge of the place for final
disposition, the funeral director or person acting as such shall
complete the authorization and write across the face of the
authorization "No person in charge."
(i) At the close of each month, the funeral director or person
acting as such shall transmit to the state registrar, in the state
where the death occurred, all authorizations received during the
month.
(j) Authorization for disinterment and reinterment is required
prior to disinterment of a dead body or fetus, except as authorized
by legislative rule or otherwise provided by law or by order of a
court of competent jurisdiction. The authorization must be issued by the local registrar to a licensed funeral director, embalmer, or
other persons acting on their behalf, upon proper application.
§16-5-23. Extension of time for filing certificates, reports and
authorizations.
(a) The department shall, by legislative rule, provide for the
extension of the time periods prescribed in sections twenty,
twenty-one and twenty-two of this article for the filing of
certificates of death, reports of fetal death, medical
certifications of the cause of death, and for obtaining
authorization for disposition, in cases in which compliance with
the applicable prescribed period would result in undue hardship.
(b) The rules shall provide for the authorization for
disposition under section twenty-two of this article prior to the
filing of a certificate of death in circumstances in which
compliance with the requirement that the certificate be filed prior
to the issuance of the permit would result in undue hardship.
§16-5-24. Correction and amendment of vital records.
(a) In order to protect the integrity and accuracy of vital
records, a certificate or report registered under this article may
be amended only in accordance with the provisions of this article
or legislative rule.
(b) A certificate or report that is amended under this section
must indicate that it has been amended, except as otherwise
provided in this section or by legislative rule: Provided, That the department shall prescribe by legislative rule the conditions
under which additions or corrections of minor deficiencies,
including, but not limited to, the omission or misspelling of a
first name, may be made to certificates or records within one year
of the event without the certificate indicating that it has been
amended.
(c) The state registrar shall maintain a record which
identifies the evidence upon which the amendment was based, the
date of the amendment, and the identity of the person making the
amendment.
(d) Upon receipt of a certified copy of a court order of a
court of competent jurisdiction changing the name of a person born
in this state, and upon request of the person whose name is to be
changed or his or her parent, guardian or legal representative, the
state registrar shall amend the certificate of birth to reflect the
new name.
(e) Upon receipt of a certified copy of an order of a court of
competent jurisdiction recognizing that the sex of an individual
born in this state has been changed by surgical procedure, the
state registrar shall amend the certificate of birth as ordered by
the court.
(f) If the required evidentiary documentation is not filed
with the application for amending a vital record or the state
registrar has cause to question the validity or adequacy of the evidentiary documentation, the state registrar may not amend the
vital record and shall advise the applicant of his or her right to
seek an order from a court of competent jurisdiction.
(g) When the state registrar amends a certificate or report,
he or she shall report the amendment to any other custodian of the
vital record.
(h) When an amendment is made to a certificate of marriage or
record of divorce or annulment, the local official issuing the
marriage license or the court ordering the divorce or annulment
shall forward copies of the amendment to the state registrar.
(i) In addition to providing the information necessary to
amend a certificate or record, a person whose name is to appear on
the amended certificate as a parent shall furnish the social
security number or numbers issued to the parent, which must be
forwarded to the state registrar along with the information
required for the amended certificate.
§16-5-25. Reproduction and preservation of records.
To preserve vital records and other original documents, the
state registrar is authorized to prepare typewritten, photographic,
electronic, or other reproductions of certificates or reports and
files in the section of vital statistics. When verified and
approved by the state registrar, the reproductions shall be
accepted as the original records, and the documents from which
permanent reproductions have been made may be disposed of as provided by legislative rule or other provisions of state law.
§16-5-26. Disclosure of information from vital records or vital
reports.
(a) The department shall, by legislative rule, provide for
the disclosure of confidential information contained in vital
records and reports for statistical research purposes. The rule
must require the submission of written requests for information and
the execution of research agreements between the researcher and the
state registrar or local custodian of vital records and reports,
which prohibit the release by the researcher of any information
that may identify any person except as provided in the agreement.
(b) To protect the integrity and to ensure the proper use of
vital records or reports, and to ensure the efficient and proper
operation of the vital statistics system, it shall be unlawful for
any person to permit inspection of, or to disclose, confidential
information contained in vital records or reports, or to copy or
issue a copy of all or part of any vital record or report unless
authorized by this article, by legislative rule or by order of a
court of competent jurisdiction: Provided, That nothing in this
article prohibits the release of information or data that would not
identify any person named in a vital record or report.
(c) Appeals from decisions of the custodians of permanent
local records refusing to disclose confidential information, or to
permit inspection of or copying of confidential information under the authority of this section and legislative rules shall be made
to the state registrar, whose decisions shall be binding upon the
local custodians of permanent local records.
(d) When one hundred years have elapsed after the date of
birth, or fifty years have elapsed after the date of death, fetal
death, marriage, or divorce or annulment, the records of these
events in the custody of the state registrar and local custodians
shall become available to the public without restriction, except
for the release of social security numbers, in accordance with
legislative rule.
(e) The federal agency responsible for national vital
statistics may be furnished copies of records, reports, or data
from the system of vital statistics as it may require for national
statistics. The department shall enter into an agreement with the
federal agency indicating the statistical or research purposes for
which records, reports, or data may be used, and setting forth the
support to be provided by the federal agency for the collection,
processing and transmission of such records, reports or data. Upon
written request, the state registrar may approve, in writing,
additional statistical or research uses of the records, reports or
data supplied under the agreement.
(f) The state registrar may furnish copies of records or data
from the system of vital statistics to federal, state and local
governmental agencies, provided that the copies or data are used solely in the conduct of their official duties.
(g) The state registrar may, by agreement, transmit copies of
records and other reports required by this article to offices of
vital statistics outside this state when the records or other
reports relate to residents of those jurisdictions or persons born
in those jurisdictions. The agreement must specify the statistical
and administrative purposes for which the records may be used and
must provide instructions for the proper retention and disposition
of the copies.
§16-5-27. Copies from the system of vital statistics.
(a) The state registrar and other custodians of vital records
authorized to issue certified copies shall, upon receipt of an
application, issue a certified copy of a vital record in his or her
custody to the registrant, his or her spouse, his or her adult
children, grandchildren or great-grandchildren or their respective
authorized representative. Others may be authorized to obtain
certified copies when they demonstrate that the record is needed
for the determination or protection of his or her personal or
property right. The department may promulgate rules to further
define others who may obtain copies of vital records filed under
this article.
(b) All forms and procedures used in the issuance of certified
copies of vital records in the state shall be approved by the state
registrar. All certified copies of certificates of birth issued shall have security features that deter the document from being
altered, counterfeited, duplicated or simulated without ready
detection.
(c) Each copy or abstract issued shall show the date of
registration, and copies or abstracts issued from records marked
"Amended" shall be similarly marked and, when possible, show the
effective date of the amendment. Copies issued from records marked
"Delayed" shall be similarly marked and shall include the date of
registration and a description of the evidence used to establish
the delayed certificate. Any copy issued of a "Certificate of
Foreign Birth" shall indicate the foreign birth and show the actual
place of birth and the statement that the certificate is not proof
of United States citizenship for the person for whom it is issued.
(d) A certified copy of a vital record issued in accordance
with this section shall be considered for all purposes the same as
the original, and shall be prima facie evidence of the facts stated
in the record: Provided, That the evidentiary value of a
certificate or record filed more than one year after the event, or
a record which has been amended, or a certificate of foreign birth,
shall be determined by the judicial or administrative body or
official to whom the certificate is offered as evidence.
(e) Nothing in this section shall be construed to permit
disclosure of information contained in the "Information for Medical
and Health Use Only" section of the certificate of birth or the "Information for Statistical Purposes Only" section of the
certificate of marriage or certificate of divorce or annulment
unless specifically authorized by the state registrar for
statistical or research purposes. This information is not subject
to subpoena or court order and is not admissible before any court,
tribunal or judicial body. Information collected for
administrative use may not be included on certified copies of
records, and may be disclosed only for administrative, statistical,
or research purposes authorized by state or federal law and
legislative rule.
(f) When the state registrar receives information that a
certificate may have been registered through fraud or
misrepresentation, he or she shall withhold issuance of any copy of
that certificate.
(1) The state registrar shall inform the registrant or the
registrant's authorized representative of the right to request a
hearing by the commissioner.
(2) The secretary of the department may authorize the state
registrar or another person to hold an investigation or hearing to
determine if fraud or misrepresentation has occurred.
(3) If upon conclusion of a hearing or investigation no fraud
or misrepresentation is found, copies may be issued.
(4) If fraud or misrepresentation is found by a preponderance
of the evidence, the state registrar shall remove the certificate from the file. The certificate and evidence will be retained but
will not be subject to inspection or copying except upon order of
a court of competent jurisdiction or by the state registrar for
purposes of prosecution or administration of the vital statistics
program.
(g) No person may prepare or issue any certificate which
purports to be an original, certified copy, or copy of a vital
record, except as authorized by this article, or by legislative
rule.
§16-5-28. Fees for copies and searches.
(a) The commissioner shall prescribe the fees to be charged
and collected by the state registrar for certified copies of
certificates or records, not to exceed ten dollars per copy, or for
a search of the files or records when no copy is made: Provided,
That the fee will not exceed eight dollars until the first day of
July, two thousand six.
(b) The commissioner may prescribe additional fees for the
priority production or express delivery of certified copies.
(c) The state registrar may furnish certified copies of birth
and death records to state agencies and to organized charities free
of charge when the certificates are needed in presenting claims to
the federal government, or to a state for public assistance. The
state registrar will keep a record of all certificates furnished
pursuant to this subsection.
(d) After the first day of July, one thousand nine hundred
eighty-two, and subject to the provisions set forth in section two,
article two, chapter twelve of this code, there is established in
the state treasury a separate account which shall be designated
"the vital statistics account."
(e) After the first day of July, two thousand four, and
subject to the provisions set forth in section two, article two,
chapter twelve of this code, there is established in the state
treasury a separate account which shall be designated "the vital
statistics improvement fund." Funds deposited in this account will
be used to modernize and automate the system of vital statistics in
this state and may not be used to supplant existing funding
necessary for the daily operation of the system of vital
statistics. Funds in this account will be retained in a nonlapsing
fund for the improvement of the system of vital statistics.
(f) The commissioner shall deposit one dollar received under
the provisions of this section for each certified copy to the
"vital statistics improvement fund" and shall deposit three dollars
received under the provisions of this section for each certified
copy to the general revenue fund account. The commissioner shall
deposit the remainder of all fees received under the provisions of
this section for certified copies and for priority production or
express delivery of certified copies to the vital statistics
account.
(g) The commissioner is authorized to expend the moneys
deposited in the vital statistics account in accordance with the
laws of this state as necessary to implement this article. The
Legislature shall appropriate all moneys in the vital statistics
account as part of the annual state budget beginning with the
fiscal year one thousand nine hundred eighty-three -- eighty-four.
(h) The commissioner shall make an annual report to the
Legislature on the vital statistics account, including the previous
fiscal year's expenditures and projected expenditures for the next
fiscal year.
§16-5-29. Persons required to keep records.
(a) Every person in charge of an institution as defined in
this article shall keep a record of personal data concerning each
person admitted or confined to the institution. The record must
include information required for certificates of birth and death
and the reports of fetal death required by this article. The
record will be made at the time of admission from information
provided by the person being admitted or confined, but when it
cannot be so obtained, the information will be obtained from
relatives or other persons acquainted with the facts. The name and
address of the person providing the information will be included in
the record.
(b) When a dead body or fetus is released or disposed of by an
institution, the person in charge of the institution shall keep a record showing the name of the decedent, date of death, name and
address of the person to whom the body or fetus is released, and
date of removal from the institution. If final disposition is made
by the institution, the date, place and manner of disposition will
be recorded.
(c) A funeral director, embalmer, sexton or other person who
removes from the place of death or transports or makes final
disposition of a dead body or fetus, in addition to filing any
certificate or other report required by this article or legislative
rule, shall keep a record which identifies the body, and
information as required by legislative rule pertaining to the
receipt, removal, delivery, burial or cremation of the body.
(d) Records maintained under this section must be retained for
at least three years and must be made available for inspection by
the state registrar or his or her representative upon request.
§16-5-30. Duty to furnish information relative to vital events.
(a) Any person or institution required under this article to
collect and maintain information regarding any birth, death, fetal
death, marriage, or divorce or annulment, shall furnish the
information to the state registrar upon request.
(b) Any person or institution that in good faith provides
information required by this article or rules shall not be subject
to criminal prosecution or any action for damages.
(c) Not later than the tenth day of the month following the month of occurrence, the administrator of each institution shall
send to the section of vital statistics a list showing all births,
deaths and fetal deaths occurring in that institution during the
preceding month, on forms provided or approved by the state
registrar.
(d) Not later than the tenth day of the month following the
month of occurrence, each funeral director shall send to the
section of vital statistics a list showing all dead bodies embalmed
or otherwise prepared for final disposition, or dead bodies finally
disposed of, by the funeral director during the preceding month, on
forms provided or approved by the state registrar.
§16-5-31. Matching of birth and death certificates.
To protect the integrity of vital records and to prevent the
fraudulent use of certificates of birth of deceased persons, the
state registrar is authorized to match certificates of birth and
death, in accordance with legislative rule which requires that the
fact of death and the matching of identities be determined with
reasonable certainty, and to post the fact of death to the
appropriate certificate of birth. Copies issued from certificates
of birth marked "Deceased" shall be similarly marked.
§16-5-32. Limitation on use of social security numbers.
(a) A social security number obtained in the filing of: (1)
A certificate of live birth; (2) an application for a delayed
registration of birth; (3) a judicial order establishing a record of birth; (4) an order of adoption; or (5) a certificate of
paternity may not be transmitted to the clerk of the county
commission.
(b) No social security number may appear upon the public
record of the index of births or upon any certificate of birth
registration issued by the state registrar, local registrar, county
clerk or any other issuing authority.
(c) The state registrar may make social security numbers
available to the bureau for child support enforcement upon its
request, to be used solely in connection with the enforcement of
child support orders.
(d) The section of vital statistics may utilize social
security numbers in accordance with legislative rules of the
department of health and human resources to meet requirements of
federal regulations.
§16-5-33. Uniform system of registration of marriage, divorce and
annulment of marriage.
(a) To the end that an efficient and uniform system of
registration of marriage, divorce and annulment of marriage may be
established in this state, the state registrar shall provide for
the registration of each marriage, divorce and annulment of
marriage which occurs in this state.
(b) The commissioner may, subject to legislative rule:
(1) Install a statewide system of registering, indexing and preserving records of marriage, divorce and annulment of marriage;
(2) Give instructions, and prescribe and furnish forms, for
collecting, transcribing, compiling and preserving records and
statistics of marriage, divorce and annulment of marriage; and
(3) Make and publish a statistical report of marriage, divorce
and annulment of marriage in this state.
§16-5-34. Registration of marriages.
(a) On or before the tenth day of each month, the county clerk
of each county shall forward to the state registrar a report of all
marriage records made by him or her during the previous month, on
a form prescribed or furnished by the state registrar.
(b) The state registrar shall preserve and index all records
received under the provisions of this section and shall upon
request issue certified copies of the records, which shall be prima
facie evidence of the facts stated in the certified copies in all
courts in this state.
§16-5-35. Registration of divorces and annulments of marriages.
(a) On and after the first day of July, two thousand four, a
record of each divorce or annulment ordered by any court of
competent jurisdiction in this state shall be filed by the clerk of
the court with the section of vital statistics, and shall be
registered if it has been completed and filed in accordance with
this section. The record shall be prepared by the petitioner or
his or her legal representative in the form prescribed or furnished by the state registrar and shall be presented to the clerk of the
court with the petition.
(b) The clerk of the court shall complete and certify each
record. On or before the tenth day of each calendar month, the
clerk shall forward to the section of vital statistics the records
of each divorce or annulment order entered during the preceding
calendar month.
(c) Failure of the clerk of the court to comply with the
provisions of this section does not affect the validity of any
order of divorce or annulment of marriage.
(d) The state registrar shall preserve and index all records
received under the provisions of this section and shall upon
request issue certified copies of the records, which shall be prima
facie evidence of the facts stated in the certified copies in all
courts in this state.
§16-5-36. Applicability to previously received certificates and
reports.
The provisions of this article apply to all certificates of
birth, death, marriage and divorce or annulment and reports of
fetal death previously received by the section of vital statistics
and in the custody of the state registrar or any other custodian of
vital records.
§16-5-37. Penalties.
(a) A
person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than ten thousand dollars or
imprisoned in a state correctional facility not more than five
years, or both fined and imprisoned, if he or she:
(1) Willfully and knowingly makes any false statement in a
report, record or certificate required by this article, or in an
application for an amendment thereof, or willfully and knowingly
supplies false information intending that such information be used
in the preparation of any such report, record or certificate, or
amendment thereof, or in an application for a certified copy of a
vital record required by this article; or
(2) Without lawful authority and with the intent to deceive,
makes, counterfeits, alters, amends or mutilates any record,
report, or certificate required by this article, or any certified
copy of such record, report or certificate; or
(3) Willfully and knowingly obtains, possesses, uses, sells,
furnishes or attempts to obtain, possess, use, sell or furnish to
another, for any purpose of deception, any certificate, record,
report or certified copy required by this article, which was made,
counterfeited, altered, amended, or mutilated, or that is false, in
whole or in part, or that relates to the birth of another person,
whether living or deceased; or
(4) Is an employee of the section of vital statistics or of
any office of any custodian of vital records, and willfully and
knowingly furnishes or processes a certificate of birth, or certified copy of certificate of birth, with the knowledge or
intention that it be used for the purposes of deception; or
(5) Without lawful authority, possesses any certificate,
record, or report required by this article or a copy or a certified
copy of such certificate, record or report knowing it to have been
stolen or otherwise unlawfully obtained.
(b) A person shall be guilty of a misdemeanor and, upon
conviction thereof, shall be fined not more than one thousand
dollars, or confined in the county or regional jail not more than
one year, or both fined and confined, if he or she:
(1) Willfully and knowingly transports or accepts for
transportation, interment or other disposition a dead body without
an accompanying permit as provided in this article; or
(2) Willfully and knowingly refuses to provide information
required by this article or legislative rules adopted pursuant to
this article; or
(3) Willfully and knowingly violates any of the provisions of
this article or refuses to perform any of the duties imposed upon
him or her by this article.
§16-5-38. Continuation of section of vital statistics.
The section of vital statistics shall continue to exist,
pursuant to the provisions of article ten, chapter four of this
code, until the first day of July, two thousand ten, unless sooner
terminated, continued or reestablished pursuant to the provisions of that article.