Senate Bill No. 638

(By Senator Bowman)

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[Introduced February 23, 1998; referred to the Committee on Health and Human Resources; and then to the Committee on Finance.]
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A BILL to repeal sections eighteen, eighteen-a and twenty-two, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, twelve-a, twelve-b, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen-b, nineteen, twenty, twenty-one, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty- nine, thirty, thirty-one, thirty-two, thirty-three, thirty- four and thirty-five of said article; and to further amend said article by adding thereto three new sections, designated sections nineteen-a, thirty-a and thirty-four-a, all relating to definitions; vital statistics; statewide system; establishment of section of vital statistics in division of health; rules of state department of health and human resources; appointment of state registrar of vital statistics; duties of state registrar of vital statistics; enforcement of article; provision of information to local health agencies; offices; delegation; registration districts; appointment and removal of local registrars, deputy local registrars and subregistrars; duties of local registrars, deputy registrars and subregistrars; compensation of local registrars; payment of fees to local registrars; content of certificates and reports; birth registration generally; registration of infants and minors with specified birth defects; notation on birth records of missing children; infants of unknown parentage; foundling registration; delayed registration of births; judicial procedure to establish facts of birth; certificates of adoption; certificates of birth following adoption, legitimation, paternity acknowledgment and court determination of paternity; limitation on use of social security numbers; death registration; delayed registration of death; reports of fetal death; authorization for disposition and disinterment and reinternment permits; extension of time for filing certificates of death; correction and amendment of vital records; reproduction and preservation of records; disclosure of information from vital records or vital reports; copies from the system of vital statistics; fees for copies and searches; persons required to keep records; duty to furnish information relative to vital events; matching of birth and death certificates; penalties; uniform system of registration of marriage, divorce and annulment of marriage; registration of marriages; registration of divorces and annulments of marriages; applicability to previously received certificates and reports; and severability.

Be it enacted by the Legislature of West Virginia:
That sections eighteen, eighteen-a and twenty-two, article five, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, twelve-a, twelve-b, thirteen, fourteen, fifteen, sixteen, seventeen, eighteen-b, nineteen, twenty, twenty-one, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two, thirty-three, thirty-four and thirty-five of said article be amended and reenacted; and that said article be further amended by adding thereto three new sections, designated sections nineteen-a, thirty-a and thirty-four-a, all to read as follows:
ARTICLE 5. VITAL STATISTICS.

§16-5-1. Definitions.

As used in this article:
"Date of filing" means the date a vital record is accepted for registration by the section of vital statistics of the state division of health.
a. "Dead body" means a lifeless human body or parts of such body or bones thereof from the state of which it reasonably may be concluded that death recently occurred.
b. "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, 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. "Beating of the heart" is to be distinguished from transient cardiac contractions. "Breathe" is to be distinguished from fleeting respiratory efforts or gasps.
c. "Filing" means the presentation of a certificate, report or other record provided for in this article, of a birth, death, fetal death, adoption, marriage, divorce or annulment, and acceptance of a vital record or report provided for in this article for registration by the division section of vital statistics of the state department division of health.
d. "Final disposition" means the burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.
e. "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.
f. "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. "Beating of the heart" is to be distinguished from transient cardiac contractions; "Breathes" is to be distinguished from fleeting respiratory efforts or gasps.
g. "Physician" means a person authorized or licensed to practice medicine pursuant to article three or article fourteen, chapter thirty of this code or osteopathy pursuant to the laws of this state.
h. "Registration" means the acceptance by the division of vital statistics, and the incorporation in its official records, of certificates, reports, or other records provided for in this article, of births, deaths, fetal deaths, adoptions, marriages, divorces and annulments.
"Registration" means the process by which vital records are completed, filed, and incorporated into the official records of the section of vital statistics.
i. "System of vital statistics" means the registration, collection, preservation, amendment, certification of vital statistics records; the collection of other reports required by this article; and activities related thereto, including, but not restricted to, the tabulation, analysis, publication, and dissemination of statistical data derived from such records vital statistics.
"Vital records" means certificates or reports and data related to birth, death, and marriage, including divorce, dissolution of marriage and annulment.
"Vital reports" means reports of fetal death and other reports designated in this article and rules promulgated thereunder and data related thereto.
j. "Vital statistics" means records of birth, death, fetal death, marriage, divorce, annulment and data related thereto the data derived from certificates and reports of birth, death, fetal death, marriage, divorce, annulment and related reports.
k. "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 such county or other district.
l. "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 such local registrar.
m. "Subregistrar" means a person appointed, with the approval of the state registrar of vital statistics, 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 such local registrar.
§16-5-2. Vital statistics; statewide system; establishment of section of vital statistics in division of health.

The director of the department of health shall have general supervision over the system of vital statistics, which shall be under the immediate supervision of the state registrar of vital statistics. The director shall provide for such clerical and other assistants as may be necessary for the purposes of this article. Suitable offices shall be provided at the seat of state government and such offices shall be properly equipped with a fire-proof vault and filing cases for the permanent and safe preservation of all official records made, maintained or filed under the provisions of this article.
There is hereby established in the state division of health a section of vital statistics which shall install, maintain and operate the only system of vital statistics throughout this state. The section of vital statistics shall be provided with sufficient staff, suitable offices, 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. Rules of state department of health and human resources.

The state board of health is authorized to adopt, amend and repeal rules and regulations for the purpose of carrying out the specific provisions of this article.
For the purpose of carrying out the provisions of this article, the department of health and human resources is authorized to adopt, amend and repeal rules in accordance with the provisions of chapter twenty-nine-a of this code.
§16-5-4. Appointment of state registrar of vital statistics.

The state director of the department of health shall appoint and prescribe the qualifications of the state registrar of vital statistics. The director of the division of health shall appoint, in accordance with applicable civil service laws and rules, the state registrar of vital statistics, hereinafter referred to as "state registrar."
§16-5-5. Duties of state registrar of vital statistics; enforcement of article; provision of information to local health agencies; offices; delegations.

a. (a) The state registrar of vital statistics shall:
(1) Administer and enforce the provisions of this article and all other applicable laws of this state and all lawful rules and regulations adopted and promulgated thereunder the regulations issued hereunder and issue instructions for the efficient administration of the system of vital statistics;
(2) Direct and supervise the statewide system of vital statistics and the operation of the division section of vital statistics, and act as custodian of its records;
(3) Direct, supervise and control the activities of local registrars and the activities of public officers in relation to the operation of the vital statistics system and provide them with the postage necessary for them to carry out their duties under this article;
(3) Direct, supervise and control the activities of all persons when they are engaged in activities pertaining to the operation of the system of vital statistics;
(4) Prescribe, provide and distribute, subject to the rules and regulations promulgated by the board of health, all forms necessary to carry out the provisions of this article and of the rules and regulations adopted and promulgated thereunder; and
(4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the system of vital statistics;

(5) Prescribe, with the approval of the division of health, furnish, and distribute such forms as are required by this article and the rules issued hereunder, or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration;
(5) (6) Prepare and publish annual reports of vital statistics of this state, and such other reports as may be required by the director of the state division of health; department
(7) Provide to local health agencies copies of or data derived from certificates and reports required under this article as the state registrar determines are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or 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.
b. The state registrar of vital statistics may delegate such functions and duties as are hereby vested in him to officers and employees of the division of vital statistics and to local registrars as the state registrar may deem necessary or expedient.
(b) The state registrar may establish or designate offices in the state as provided by regulation to aid in the efficient administration of the system of vital statistics.

(c) The state registrar may delegate such functions and duties vested in the state registrar to employees of the section of vital statistics and to employees of any office established or designated under subsection (b), section five of this article.
c. (d) The state registrar, either personally or by a duly delegated representative, shall have authority to investigate cases of irregularity or violation of law arising under the provisions of this article, and all local registrars, deputy local registrars and subregistrars employees of any office established or designated under subsection (b), section five of this article shall aid him the state registrar upon request, in such investigations. When he shall deem the state registrar deems it necessary, he the state registrar shall 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. When any such case is reported to him the prosecuting attorney by the state registrar, the prosecuting attorney shall forthwith initiate and promptly prosecute the necessary court proceedings against 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.

For the purposes of this article, subject to the rules and regulations promulgated by the state board department of health and human resources, the director of the state division of health department may establish registration districts throughout the state. The director may eliminate, or change the boundaries of, any district and may consolidate two or more districts or subdivide any district to facilitate registration.
§16-5-7. Appointment and removal of local registrars, deputy local registrars and subregistrars.

a. (a) The state registrar of vital statistics shall appoint a local registrar and the local registrar may appoint one or more deputy local registrars of vital statistics for each registration district.
b. (b) When it appears necessary for the convenience of the people in any district the local registrar may, with the approval of the state registrar, appoint one or more persons to act as subregistrars.
c. (c) The state registrar may remove a local registrar, a deputy local registrar, or a local subregistrar for reasonable cause.
§16-5-8. Duties of local registrars, deputy registrars and subregistrars.

a. (a) A local registrar, with respect to his or her registration district, shall:
(1) Administer and enforce the provisions of this article and all instructions, rules and regulations adopted and promulgated pursuant thereto;
(2) Require that certificates be completed and filed in accordance with provisions of this article and the rules and regulations adopted and promulgated pursuant thereto;
(3) Transmit, by mail or an approved electronic process, on the first and fifteenth day of each month or as soon as possible thereafter, the certificates, reports or other returns filed with him or her to the state registrar of vital statistics, or transmit the same more frequently when directed to do so by the state registrar; and
(4) Maintain such records, make such reports and perform such other duties as may be required by the state registrar of vital statistics.
b. (b) In accordance with rules and regulations adopted and promulgated pursuant to this article, the deputy local registrar shall perform the duties of the local registrar in the absence or incapacity of such local registrar and shall perform such other duties as may be prescribed.
c. (c) Subregistrars shall perform such duties as may be prescribed by rules and regulations adopted and promulgated pursuant to this article.
§16-5-9. Compensation of local registrars.

a. (a) Each local registrar shall be paid the sum of one dollar for each certificate of birth, death, or fetal death registered by him or her and transmitted to the state registrar of vital statistics in accordance with the rules and regulations adopted and promulgated pursuant to this article.
b. (b) If no birth, death or fetal death is registered by him or her during any calendar month, the local registrar shall report that fact to the state registrar of vital statistics and be paid the sum of one dollar for such report.
c. (c) No compensation shall be paid under this section to any full-time employee of any state or local governmental unit or body. Where such employee is designated to serve, and serves, as a local registrar, the compensation provided by this section shall be paid to the governmental unit or body by which such local registrar is employed.
§16-5-10. Payment of fees to local registrars.

The state registrar of vital statistics shall certify at the end of each quarter of the calendar year, to the county courts commissions of the several counties, the number of births, fetal deaths and deaths properly registered with the names of the local registrars and the amounts due each. All amounts payable to a local registrar under the provisions of this section shall be paid by the treasurer of the county in which the registration district is located, upon the order of the county court commission such county issued upon such certification by the state registrar of vital statistics. Where a local registrar is a full-time employee of any state or local governmental unit or body, the state registrar shall so state in his or her certification, and, in such case, the county court commission shall make payment, pursuant to section nine of this article, to the governmental unit or body by which such registrar is employed.
§16-5-11. Content of certificates and reports.

a. (a) In order to promote and maintain uniformity in the system of vital statistics, the forms of certificates, reports and other returns required by this article, or by rules and regulations adopted and promulgated thereunder, shall include as a minimum (in addition to the items required by the laws of this state) the items recommended by the federal agency responsible for national vital statistics, subject to the approval of, and to modification by, the state board division of health.
b. Each certificate, report and form required to be filed under this article shall have entered upon its face the date of registration, duly attested.
(b) Each certificate, report, and other document required by this article shall be prepared in the format approved by the state registrar.

(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.
§16-5-12. Birth registration generally.

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar of the district in which the birth occurs within seven days after such birth and shall be registered by such registrar if it has been completed and filed in accordance with this section. When a birth occurs in a moving conveyance, a birth certificate shall be filed in the district in which the child is first removed from the conveyance. When a birth occurs in a district other than where the mother resides, a birth certificate shall be filed in the district in which the child is born and in the district in which the mother resides.
(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 five 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 an institution, the person in charge of the institution or his designated representative shall obtain the personal data, prepare the certificate, secure the signatures required for the certificate and file it with the local registrar. The physician in attendance shall certify to the facts of birth and provide the medical information required for the certificate within five days after the birth.
(b) When a birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place and time and on the date stated either by signature or by an approved electronic process and file the certificate as directed in subsection (a) of this section. The physician or other person in attendance shall provide the medical information required by the certificate within seventy-two hours after the birth.

(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority in accordance with rules promulgated by the department of health and human resources:
(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;
(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person; or
(3) The father, 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.
(d) The department of health and human resources shall by rule determine the evidence required to establish the facts of birth.
(e) 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.
(f) For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise provided by state law or determined by a court of competent jurisdiction prior to the filing of the birth certificate. The information about the father shall be entered as provided in subsection (g) of this section.
(d) (g) (1) If the mother was married either at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction. in which case the name of the father as determined by the court shall be entered
(e) (2) If the mother was not married either 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 the written consent of the mother and of the person to be named as the father unless a determination of paternity has been made by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered an affidavit of paternity signed by the mother and the person to be named as the father.
(3) In any case in which paternity of a child is determined by a court of competent jurisdiction, 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.
(4) If the father is not named on the certificate of birth, no other information about the father may be entered on the certificate.
(5) Affidavits referenced in this section shall be filed with the state registrar.
(f) (h) Either of the parents of the child shall sign the certificate of live birth to attest to the accuracy of the personal data entered thereon, verify the accuracy of the personal data to be entered on the certificate in time to permit its filing within the seven five days prescribed above.
(i) Certificates of birth filed after five days, but within one year from the date of birth shall be registered on the standard form of live birth certificate in the manner prescribed above. These certificates may not be marked "Delayed." The state registrar may require additional evidence in support of the facts of birth.
(g) (j) In order that each county may have a complete record of the births occurring in said county, the local registrar shall transmit by mail or an approved electronic process each month to the county clerk of his each county the copies of the certificates of all births occurring in said county or the data extracted therefrom, from which copies the clerk shall compile a record records of such births and shall enter the same in a systematic and orderly way in a well-bound register of births, which said register create an index to the birth records that shall be a matter of public record. Provided, That such copies and register shall not state that any child was either legitimate or illegitimate The form of said register index of births shall be prescribed by the state registrar of vital statistics.
(h) (k) On and after the first day of November, one thousand nine hundred ninety, 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 such certificate of birth as a parent shall contemporaneously furnish to the person preparing and filing the certificate of birth the social security account number (or numbers, if the parent has more than one such number) 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 five days after such birth, and the local registrar shall transmit such number or numbers to the state registrar of vital statistics in the same manner as other personal data is transmitted to the state registrar.
§16-5-12a. 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; and
(14) Others as may be requested by the director of health.
(b) If any such impairment is found in an infant, and/or if such impairment is found 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 of vital statistics on forms provided by the state registrar of vital statistics. The report shall include the name of the child, the name or names of the parents or parent or guardian and a description of the impairment.
(c) The information received by the state registrar pursuant to this section pertaining to the identity of the persons named shall be kept confidential: Provided, That if consent of the parents, or if only one of the parents exists, of the a parent or of the guardian is obtained, the registrar may provide such information to the division of health, the division of human resources services, the department of education, the division of vocational rehabilitation services, and the school West Virginia schools for the deaf and the blind so that such information can be utilized to provide assistance or services for the benefit of the child.
(d) The commission on the hearing impaired West Virginia commission for the deaf and the hard-of-hearing as provided for in section one, article fourteen, chapter five of this code shall develop and provide a form, to every physician or midwife attending a birth or providing medical care to a newborn infant, which assists the physician or midwife in collecting information from the infant's family about the infant's potential for a hearing impairment. The form shall identify an infant with a hearing impairment or at risk of developing a hearing impairment. For purposes of this section, an infant with a hearing impairment is a child at birth with a significant hearing loss which prevents the acquisition of speech and language through normal channels. An infant at risk of being hearing impaired is a child at birth who is at a higher risk than normal of being hearing impaired due to one or more of the following factors present at birth:
(1) Family history of a congenital hearing loss;
(2) Rubella or virus during pregnancy;
(3) Congenital ear, nose or throat anomalies;
(4) Below normal birth weight;
(5) Abnormal level of jaundice;
(6) Anoxia or apnea; and
(7) A low APGAR score derived from the evaluation of the infant's color, muscle tone, reflexes, pulse rate and respiration.
(e) If any such hearing impairment or risk of hearing impairment is found in an infant, and/or if such impairment or risk of hearing impairment is found or in any subsequent examination of any minor which has not been previously diagnosed, the examining physician or midwife shall within thirty days of the examination make a report of the diagnosis to the commission on the hearing impaired West Virginia commission for the deaf and hard-of-hearing on the forms provided by the commission. on the hearing impaired The report shall include the name of the child, the name or names of the parents or parent or guardian and a description of the hearing impairment or of the risk of hearing impairment.
§16-5-12b. Notation on birth records of missing children.

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. 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. 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. 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. The provisions of this section shall be implemented by the first day of July, one thousand nine hundred ninety-three.
§16-5-13. Infants of unknown parentage; foundling registration.

a. (a) Whoever assumes the custody of a living live-born infant of unknown parentage shall report, on a form and in the a manner prescribed by the state registrar of vital statistics, within seven five days of the date of such assumption of custody, to the local registrar of the district in which the child was found, the following information:
(1) The date and place city or county, or both, of finding;
(2) Sex color or race and approximate age birth date of child;
(3) Name and address of the persons person with whom or the institution with which the child has been placed for care; and
(4) Name given to the child by the custodian of the child; and
(4) (5) Other data required by rules and regulations adopted and promulgated pursuant to this article the state registrar.
b. (b) The place where the child was found shall be entered as the place of birth. and the date of birth shall be determined by approximation
c. (c) A report registered under this section shall constitute the certificate of birth for the infant child.
d. (d) If the child is identified and a certificate of birth is found or obtained, any the report registered under this section shall be sealed and filed and may be opened only by order of a court of record of competent jurisdiction or as may be provided by lawful rule and regulation adopted and promulgated pursuant to this article placed in a special file and shall 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) When the birth of a person born in this state has not been registered within the time period provided in section twelve of this article, a certificate may be filed in accordance with a legislative rule promulgated by the state board of health in accordance with the provisions of chapter twenty-nine-a of this code. Such certificate shall be registered subject to such evidentiary requirements as the state board of health shall by rule prescribe to substantiate the alleged facts of birth.
(a) 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 rules of the department of health and human resources. No delayed certificate may be registered until the evidentiary requirements as specified in rules have been met.

(b) Certificates A certificate of birth registered one year or more after the date of occurrence shall be marked "Delayed" and shall show on their face the date of the delayed registration registered on a delayed birth certificate of birth form, and it shall show on its face the date of registration. The delayed certificate shall contain a summary statement of the evidence submitted in support of the delayed registration.
(c) A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the certificate.
(c) No delayed birth certificate may be registered for a deceased person.

(d) (1) When an applicant as defined by rule does not submit the minimum documentation required in the rules for delayed registration or when the state registrar of vital statistics finds reason has cause to question the validity or adequacy of the certificate applicant's sworn statement or the documentary evidence, and if the deficiencies are not corrected, the state registrar of vital statistics shall not register the delayed certificate of birth and shall advise the applicant in writing of the reasons for this action of his or her right to seek an order from a court of competent jurisdiction.
(2) The state board department of health and human resources may by legislative rule promulgated in accordance with the provisions of chapter twenty-nine-a of this code provide for the dismissal of an application which is not actively prosecuted pursued.
(e) On and after the first day of November, one thousand nine hundred ninety, 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 account number (or numbers, if the parent has more than one such number) issued to the parent.
§16-5-15. Judicial procedure to establish facts of birth.

(a) If a delayed certificate of birth is refused under the provisions of section fourteen of this article, a petition If the state registrar refuses to file a certificate of birth under the provisions of section twelve or 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) Such petition shall be made on a form prescribed and furnished or approved by the state registrar and shall allege:
(1) That the person for whom a delayed registration certificate of birth is sought was born in this state;
(2) That no record certificate of birth of such person can be found in the section of vital statistics office of the state or the office of any local custodian of birth records certificates;
(3) That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with section twelve or fourteen of this article and of any rules and regulations adopted and promulgated thereunder pursuant thereto;
(4) That the state registrar of vital statistics has refused to register a delayed file a certificate of birth; and
(5) Such other allegations as may be required. by the court
(c) The petition shall be accompanied by a copy of the statement of the state registrar reasons of the registration official made in accordance with subsection (d)(1), section sections twelve or fourteen of this article and by all documentary evidence which was submitted to the registration official state registrar in support of such registration.
(d) The court shall fix a time and place for hearing the petition and shall require that the petitioner give the registration official who refused to register the petitioner's delayed certificate of birth state registrar not less than twenty days' notice of said hearing. Such official The state registrar, or his authorized representative, may appear and testify in the proceeding.
(e) If the court finds from the evidence presented that the person for whom a delayed 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 the case may require be required and shall issue an order, setting forth the information required under the provisions of this article on a form prescribed and furnished or approved by the state registrar, to establish a record of birth. This order shall include the birth date data to be registered, a summary statement description of the evidence presented, and the date of the court's action.
(f) The clerk of the court shall forward each such order to the state registrar of vital statistics not later than the tenth day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics and shall constitute the court order record certificate of birth. from which copies may be issued in accordance with the provisions of this article
(g) Any judgment shall be final unless reversed, vacated or modified on appeal, and any appeal shall be sought in the manner and within the time provided by law for appeals in other civil cases.
(h) On and after the first day of November, one thousand nine hundred ninety, in addition to the evidence presented to establish a record court order certificate of birth in accordance with the provisions of this section, a person whose name is to appear on the delayed court order certificate of birth as a parent shall furnish to the clerk of the circuit court the social security account number (or numbers, if the parent has more than one such number) issued to the parent. A record of the social security number or numbers shall be forwarded to the state registrar of vital statistics along with the order establishing a record court order certificate of birth, as provided for in subsection (f) of this section.
§16-5-16. Certificates of adoption.

(a) In conformance with the provisions of section ten, article four, chapter forty-eight of this code, any court in this state entering an order of adoption shall require the preparation by the clerk of the court of a certificate of adoption on a form prescribed and furnished by the state registrar of vital statistics. Such certificate shall include the factual information described in section ten, article four, chapter forty-eight of this code; shall provide such additional information as may be required under legislative rules duly adopted pursuant to this article to establish a new certificate of birth of the person adopted; shall identify the order of adoption; and shall be certified by the clerk of court.
(a) For each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a certificate of adoption on a form prescribed and furnished by the state registrar. The certificate of adoption shall include such facts as are 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 of that person; provide information necessary to establish a new certificate of birth of the person adopted; shall identify the order of adoption; and be certified by the clerk of court.
(b) Information in the possession of the petitioner necessary to prepare the certificate of adoption shall be pleaded in the petition for adoption or shall be furnished to the clerk of the court by the petitioner for adoption at the time the petition is filed furnished by each petitioner for adoption or the petitioner's attorney. Any social service or welfare agency or other any person concerned with the adoption shall supply the petitioner with such information in the possession of such agency or person as may be necessary to complete the certificate having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the certificate of adoption. The provision of this information is prerequisite to the issuance of a final decree in the matter by the court.
(c) Whenever an adoption order or decree is amended, or vacated, or annulled, the clerk of the court shall prepare a certificate report thereof, which shall include such facts as are necessary to identify the original adoption certificate of adoption and the facts amended in the adoption order or decree which are required as may be necessary to properly 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 of vital statistics certificates of adoption a report and reports of all orders or decrees of adoption and of annulments or amendments thereof, entered in the preceding month, together with such related certificates and reports as may be required under the provisions of this article the state registrar may require.
(e) When the state registrar of vital statistics shall receive a record certificate of adoption, or of an annulment or an amendment of an order or decree of adoption from a court for a person born outside of this state, such record shall be forwarded to the appropriate registration authority in the state of birth report of annulment of adoption, or amendment of a decree of adoption for a person born outside West Virginia, the state registrar shall forward the certificate or report to the state registrar in the state of birth.
(f) If the birth occurred in a foreign country, and the child 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 child was born in Canada, the state registrar shall also send a copy of the certificate of adoption, report of annulment of adoption, or amendment of a decree of adoption to the appropriate registration authority in that country.
(g) If the child was born in a foreign country but was a citizen of the United States at the time of birth, the state registrar shall not prepare a "Certificate of Foreign Birth" but shall notify the adoptive parents of the procedures for obtaining a revised birth certificate for their child through the United States department of state.
(f) (h) On and after the first day of November, one thousand nine hundred ninety, in addition to the information pleaded or furnished in accordance with the provisions of 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 account number (or numbers, if the parent has more than one such number) issued to the parent. A record of the social security number or numbers shall be forwarded to the state registrar of vital statistics along with the certificate of adoption, as provided for in subsection (d) of this section.
§16-5-17. Certificates of birth following adoption, legitimation, paternity acknowledgment and court determination of paternity.
(a) Whenever a judgment has been entered determining the paternity of a child, the clerk of the court shall prepare a certificate on a form prescribed and furnished by the state registrar of vital statistics. The certificate shall include such facts as are necessary to locate and identify the certificate of birth of the person whose paternity is determined; shall provide information necessary to establish a new certificate of birth of the person whose paternity is determined; and shall identify the action and be certified by the clerk of court.
(a) The state registrar shall establish a new certificate of birth for a person born in West Virginia when the state registrar 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 foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth, except a new certificate of birth may not be established if so requested by the court decreeing the adoption, the adoptive parents or the adopted person; or
(2) A request that a new certificate be established as prescribed by rule and such evidence as required by rule proving that such person has been legitimated, or that a court of competent jurisdiction has determined the paternity of that person, or that both parents have acknowledged the paternity of that person and request that the surname be changed from that shown on the certificate.
(b) When a new certificate of birth is established, the actual city, county and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoption, legitimation, court determination of paternity or paternity acknowledgment may not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law.
(c) Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by rule.
(d) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence may not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule.
(e) Upon written request of both parents and receipt of a sworn acknowledgment of paternity signed by both parents of a child born out of wedlock, the state registrar shall reflect the paternity on the certificate of birth in the manner prescribed by rule if paternity is not already shown on the certificate of birth.
(f) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section, and the date and place of birth have not been determined in the adoption or paternity proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in sections fourteen or fifteen of this article before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
(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 the state registrar directs.
(h) The state registrar shall upon request, 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. The certificate shall be established upon receipt of a certificate of adoption from the court decreeing the adoption, proof of the date and place of the child's birth, and a request from the court, the adopting parents or the adopted person is eighteen years of age or over that the certificate be prepared. The certificate shall be labeled "Certificate of Foreign Birth" and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it is issued. After registration of the birth certificate in the new name of the adopted person, the state registrar shall seal and file the certificate of adoption that may not be subject to inspection except upon order of a court of competent jurisdiction or as provided by rule or as otherwise provided by state law.
(b) (i) Not later than the tenth day of each calendar month, the clerk of the court shall forward to the state registrar of vital statistics certificates of paternity entered in the preceding month, together with such related reports as the state registrar of vital statistics shall require.
(c) (j) On and after the first day of November, one thousand nine hundred ninety, in addition to providing the information necessary to establish a new certificate of birth of the person whose paternity has been determined, in accordance with the provisions of subsection (a) of this section, 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 account number (or numbers, if the parent has more than one such number) issued to the parent. A record of the social security number or numbers shall be forwarded to the state registrar of vital statistics along with the certificate of paternity, as provided for in subsection (b) (i) of this section.
§16-5-18b. Limitation on use of social security numbers.

A social security account number obtained in accordance with the provisions of this article with respect to the filing of: (1) A certificate of birth; (2) an application for a delayed registration of birth; (3) a judicial order establishing a record of birth; (4) an adoption order or decree; or (5) a certificate of paternity shall not be transmitted to a the clerk of the county commission. Such social security account number shall not appear upon the public record of the register of births or upon any certificate of birth registration issued by the state registrar, local registrar, county clerk or other issuing authority, if any. Such social security account numbers shall be made available by the state registrar to the child support enforcement division created by chapter forty-eight-a upon the request of the division advocate office upon its request, to be used solely in connection with the enforcement of child support orders. Furthermore, the social security account numbers may be utilized by the section of vital statistics in accordance with rules promulgated by the department of health and human resources which are to be in compliance with regulations prescribed by the secretary of health and human services of the United States.
§16-5-19. Death registration.
(a) A death certificate of death for each death which occurs in this state shall be filed with the local registrar of the registration district in which the death occurs section of vital statistics, or as otherwise directed by the state registrar, within three five days after such death, and prior to removal of the body from the state final disposition, and shall be registered by such registrar if it has been completed and filed in accordance with this section. Provided, That
(1) If the place of death is unknown, a death certificate shall be filed in the registration district in which a dead body is found within three days after the finding; but the dead body is found in this state, the certificate of death shall be completed and filed in accordance with this section. The place where the body was found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation. If the date cannot be determined by approximation, the date found shall be entered and identified as such.
(2) If When 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. When a 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. a death certificate shall be filed in the registration district in which the dead body is first removed from such conveyance; and
(3) If the death occurs in a district other than where the deceased resided, a death certificate shall be filed in the registration district in which the death occurred and in the district in which the deceased resided.
(3) In all other cases, the place where death is pronounced shall be considered the place where death occurred.

(b) The funeral director or person acting for him as such who first assumes custody of a the dead body shall file the death certificate of death. He or she shall obtain the necessary personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible therefor. The funeral director or person acting for him as such shall obtain the medical certification of the cause of death from the person responsible for making such certification provide the death certificate containing sufficient information to identify the decedent to the certifier within forty-eight hours after death. The personal data obtained shall include the deceased person's social security number or numbers. The social security account number of an individual who has died shall be placed in the records relating to the death and shall be recorded on the death certificate. A record of the social security number or numbers shall be filed with the local registrar of the district in which the deceased person resided within seven days after the death, and the local registrar shall transmit such number or numbers to the state registrar of vital statistics in the same manner as other personal data is transmitted to the state registrar.
(c) The medical certification shall be completed and signed within twenty-four forty-eight hours after death receipt of the death certificate by the physician in charge of the patient's care for the illness or condition which results resulted in death except when inquiry is required pursuant to chapter sixty-one, article twelve or other applicable provisions of this code. In the absence of the physician or with the physician's approval, the certificate may be completed by the physician's associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided the individual has access to the medical history of the case, and death is due to natural causes. The person completing the cause of death shall attest to its accuracy either by signature or by an approved electronic process.
(d) When death occurs without medical attendance and inquiry is not required pursuant to chapter sixty-one, article twelve or other applicable provisions of this code, the local health officer shall investigate the cause of death and complete and sign the medical certification within twenty-four forty-eight hours after receiving notice of the death.
(e) When death occurs in a manner subject to investigation, the coroner or other officer or official charged with the legal duty of making such investigation shall investigate the cause of death and shall complete and sign the medical certification within twenty-four hours after making determination of the cause of death.
(e) When inquiry is required pursuant to article twelve, chapter sixty-one, or other applicable provisions of this code, the medical examiner in the jurisdiction where death occurred or 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.
(f) 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 or other designated medical personnel at the institution 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 person acting as such. The funeral director or person acting as such must in all cases obtain the medical certification from the person responsible for its completion or obtain assurance that the medical certification has been provided to the state registrar by an approved electronic process.
(g) If the cause of death cannot be determined within the time prescribed, the medical certification shall be completed as provided by regulation. The attending physician or medical examiner shall give the funeral director or person acting as such notice of the reason for the delay, and final disposition of the body shall not be made until authorized by the attending physician or medical examiner.
(h) Upon receipt of autopsy results or other information that would change the information in the cause-of-death section of the death certificate from that originally reported, the certifier shall immediately file a supplemental report of cause of death with the section of vital statistics to amend the record.
(i) When death is presumed to have occurred within this state but the body cannot be located, a death certificate 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 death certificate. Such a death certificate shall be marked "Presumptive" and shall 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 decree.
(f) (j) In order that each county may have a complete record of the deaths occurring in said county, 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 said county, and if any person shall die in a county other than that county within the state in which such person last resided prior to death, then the state registrar shall, if possible, also furnish a copy of such death certificate listing of the deaths to the clerk of the county commission of the county wherein such person persons last resided, from which copies listing the clerk shall compile a record of such deaths and shall enter the same in a systematic and orderly way in a well-bound register of deaths for that county, which such register shall be a public record. The form of said death register shall be prescribed by the state registrar of vital statistics.
§16-5-19a. Delayed registration of death.

(a) When the 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 in accordance with rules of the department of health and human resources. The certificate shall be registered subject to such evidentiary requirements as the department of health and human resources shall by rule prescribe to substantiate the alleged facts of death.
(b) When an applicant does not submit the minimum documentation required in the rule for delayed registration or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statement or the documentary evidence and if the deficiencies are not corrected, the state registrar may not register the delayed certificate of death but shall advise the applicant of the reasons for this action and further advise the applicant of the applicant's right to seek an order from a court of competent jurisdiction.
(c) Certificates of death registered one year or more after the date of death shall be marked "Delayed" and shall show on their face the date of the delayed registration.
§16-5-20. Reports of fetal death.

a. A fetal death certificate for each fetal death which occurs in this state after a gestation period of twenty completed weeks shall be filed with the local registrar of the registration district in which the delivery occurs within three days after such delivery and prior to removal of the fetus from the state, and shall be registered with such registrar if it has been completed and filed in accordance with this section: Provided, That
(1) If the place of fetal death is unknown, a fetal death certificate shall be filed in the registration district in which a dead fetus is found within three days after the finding; and
(2) If a fetal death occurs in a moving conveyance, a fetal death certificate shall be filed in the registration district in which the fetus is first removed from such conveyance.
b. The funeral director or person acting for him who first assumes custody of a fetus shall file the fetal death certificate. In the absence of such a person, the physician or other person in attendance at or after the delivery shall file the certificate of fetal death. The person filing such certificate shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification of the cause of death from the person responsible for making such certification.
c. The medical certification shall be completed and signed within twenty-four hours after delivery by the physician in attendance at or after delivery except when inquiry is required by chapter sixty-one, article twelve or other applicable provision of this code.
d. When a fetal death occurs without medical attendance for the mother at or after delivery and an inquiry is not required by chapter sixty-one, article twelve or other applicable provision of this code, the local health officer shall investigate the cause of fetal death and shall complete and sign the medical certification within twenty-four hours after receiving notice of the delivery.
e. When the coroner or other officer or official charged with the legal duty of making such investigation shall investigate a fetal death as required by chapter sixty-one, article twelve or other applicable provision of this code, he shall complete and sign the medical certification within twenty- four hours after making determination of the cause of such fetal death.
(a) Each fetal death of three hundred fifty grams or more, and if weight is unknown, of twenty completed weeks of gestation or more, calculated from the date 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, except for the following: (1) When a fetus is delivered in an institution, the person in charge of the institution or his or her designated representative shall prepare and file the report; (2) when a fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report; and (3) when a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, and when inquiry is required pursuant to article twelve, chapter sixty-one or other applicable provisions of this code, the medical examiner shall investigate the cause of fetal death and shall prepare and file the report within five days.
(b) When a fetal death required to be reported by this section occurs without medical attendance at or immediately after the delivery, and when inquiry is not required pursuant to article twelve, chapter sixty-one or other applicable provisions of this code, the local health officer shall investigate the cause of fetal death and shall prepare and file the report within five days.
(c) When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.
§16-5-21. Authorization for disposition and disinterment and reinternment permits.

a. (a) The funeral director or person acting for him as such who first assumes custody of a dead body or of a fetus which has died after a gestation period of twenty completed weeks shall, obtain a burial or transit permit prior to final disposition or removal from the state of the body or fetus and within seventy- two hours after death shall, prior to final disposition of the body, obtain authorization for final disposition of the body. The physician or medical examiner when certifying the cause of death also shall authorize final disposition of the body on a form or in a format prescribed by the state registrar. If the body is to be cremated, additional authorization for cremation must be obtained from the medical examiner on a form or in a format prescribed by the state registrar.
b. Such burial or transit permit shall be issued by the local registrar of the district where the certificate of death or fetal death is filed in accordance with the requirements of section nineteen or section twenty of this article.
(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. The authorization shall be on a form or in a format prescribed by the state registrar.
(c) With the consent of the physician or medical examiner who is to certify to the cause of death, a dead body may be moved from the place of death for the final purpose of being prepared for disposition.
c. (d) A burial or transit permit 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 include in the authorization the date of disposition and shall return all authorizations to the funeral director or person acting as such within ten days after the date of disposition. 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, which record shall 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 the funeral director, and such other information as may be required by rule duly adopted pursuant to this article. The record shall at all times be open to official inspection. When there is no person in charge of the place for final disposition, the funeral director or person acting as funeral director shall complete the authorization and write across the face of the authorization "No person in charge." At the close of each month the funeral director or person acting as the funeral director shall transmit to the state registrar, in the state where the death occurred, all authorizations received during the month.
d. (g) A permit Authorization for disinterment and reinternment shall be required prior to disinterment of a dead body or fetus except as authorized by rule and regulation or otherwise provided by law or by order of a court having jurisdiction with respect thereto. Such permit authorization shall be issued by the local registrar to a licensed funeral director, embalmer or other persons acting on their behalf, upon proper application.
e. The form and contents of burial, transit and disinterment and reinternment permits shall be prescribed by the state registrar of vital statistics in conformance with the provisions of subdivision (4), subsection a, section five of this article.
§16-5-23. Extension of time for filing certificates of death, etc.
a. (a) The state board department of health and human resources shall, by rule and regulation and upon such conditions as it may prescribe to assure compliance with the purposes of this article, provide for the extension of the periods prescribed in sections nineteen, twenty and twenty-one of this article for the filing of death certificates of death, reports of fetal death, certificates medical certifications of the cause of death, and for the obtaining of burial or transit permits authorization for disposition, in cases in which compliance with the applicable prescribed period would result in undue hardship.
b. (b) Rules and regulations of the state board department of health and human resources shall provide for the issuance of a burial or transit permit authorization for disposition under section twenty-one of this article prior to the filing of a certificate of death or fetal death upon conditions designed to assure compliance with the purposes of this article in cases 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) A certificate or record report registered pursuant to under this article may be amended only in accordance with the provisions of this article and rules and regulations duly adopted thereunder by the department of health and human resources to protect the integrity and accuracy of vital records.
(b) A certificate or report that is amended under this section shall be marked "amended," indicate that it has been amended, except as hereinafter otherwise provided in this subsection and in subsection (d) of this section or by rule. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment. The state board department of health and human resources shall prescribe by rule and regulation the conditions under which additions or minor corrections shall may be made to birth certificates or records within one year after the date of birth of the event without the certificate or record being considered or marked as amended indicating that it has been marked amended. The state board department of health and human resources shall also prescribe by legislative rule promulgated in accordance with the provisions of chapter twenty-nine-a of this code a simplified procedure for the correction of any certificate or record registered pursuant to this article which is deficient in any particular, including, but not limited to, the omission or misspelling of a first name, and such rule and regulation shall specify when and under what circumstances a certificate or record so corrected shall be considered or marked as amended.
(c) 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, which order was made and entered in a proceeding brought for that purpose, and upon request of such person or his or her parent parents, guardian, or legal representative, the state registrar of vital statistics shall amend the certificate of birth to reflect the new name.
(d) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this state has been changed by surgical procedure and whether such individual's name has been changed, the certificate of birth of the individual shall be amended as prescribed by rule.
(d) (e) Upon request, and upon receipt of a sworn acknowledgment of paternity of a child born out of wedlock signed by both parents, the state registrar of vital statistics shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Upon request of both of the parents, the surname of the child shall be changed on the certificate to that of the father. Such certificate shall not be marked "amended."
(f) When an applicant does not submit the minimum documentation required in the rules for amending a vital record or when the state registrar has cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and if the deficiencies are not corrected, the state registrar may not amend the vital record but shall advise the applicant of the reasons for this action and further advise the applicant of the right to seek an order from a court of competent jurisdiction.
(e) (g) When a certificate or report is amended under this section by the state registrar, the state registrar of vital statistics shall report the amendment to any other the custodian of any permanent local records the vital record and such their record shall be amended accordingly.
(h) When an amendment is made to a certificate of marriage or record of divorce or annulment by the local official issuing the marriage license or the court which ordered the decree of divorce or annulment, copies of such amendment shall be forwarded to the state registrar.
(f) (i) On and after the first day of November, one thousand nine hundred ninety, in addition to providing the information necessary to amend a certificate or record in accordance with the provisions of this section, a person whose name is to appear on the amended certificate as a parent shall furnish to the person receiving the information the social security account number (or numbers, if the parent has more than one such number) issued to the parent. A record of the social security number or numbers shall be forwarded to the state registrar of vital statistics 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 of vital statistics is hereby authorized to prepare typewritten, photographic, electronic or other reproductions of certificates or reports original records and files in his office the section of vital statistics. Such reproductions when verified and approved certified by him the state registrar shall be accepted as the original record records, and the documents from which permanent reproductions have been made may be disposed of as provided by rule.
§16-5-26. Disclosure of information from vital records or vital reports.
In accordance with section twenty-seven of this article and the rules adopted pursuant thereto:
a. (a) To protect the integrity of vital statistics records or vital reports, to insure ensure their proper use, and to insure ensure the efficient and proper operation of the vital statistics system, it shall be is unlawful for any person to permit inspection of, confidential information or to disclose, confidential information contained in vital statistics records or in vital reports, or to copy or issue a copy of all or part of any such confidential information record or report, except as unless authorized by law this article, by rule or by order of a court having jurisdiction with respect thereto or by rule and regulation duly adopted under the provisions of this article of competent jurisdiction. Rules adopted under this section shall provide for adequate standards of security and confidentiality of vital records.
b. The state board of health may by rule and regulation authorize the disclosure of confidential data contained in vital statistics records for statistical research purposes.
(b) Disclosure to researchers of information that may identify any person named in any vital record or report may be made only pursuant to rules that require submission of written requests for information and execution of research agreements that protect the confidentiality of the information provided. The agreements shall prohibit the release by the researcher of any information that might identify any person other than releases that may be provided for in the agreement. For purposes of this article, research means a systematic investigation designed primarily to develop or contribute to generalizable knowledge. 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. Information in vital statistics records indicating that a birth occurred out of wedlock shall not be disclosed except as provided by rule and regulation duly adopted or upon order of a court having jurisdiction with respect thereto.
d. (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 rules and regulations issued hereunder shall be made to the state registrar of vital statistics, whose decisions shall be binding upon the local custodians of permanent local records.
(d) When seventy-five years have elapsed after the date of birth, or twenty-five years have elapsed after the date of 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 rules that shall provide for the continued safekeeping of the records.
(e) The federal agency responsible for national vital statistics may be furnished such copies of records, reports, or data from the system of vital statistics as it may require for national statistics. To furnish such records, reports, or data the department of health and human resources shall enter into an agreement with the federal agency indicating the statistical or research purposes for which records, reports, or data may be used. The agreement will also set 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) Federal, state and local governmental agencies may, upon request, be furnished copies of records or data from the system of vital statistics, provided that such copies or data shall be 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 such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall specify the statistical and administrative purposes for which the records may be used and the agreement shall further provide instructions for the proper retention and disposition of the copies. Copies received by the section of vital statistics from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section.
§16-5-27. Copies from the system of vital statistics.
In accordance with section twenty-five twenty-six of this article and the rules and regulations adopted pursuant thereto:
a. The state registrar of vital statistics shall upon request issue a certified copy of all or any part of any certificate or record in his custody. Each copy issued shall show the date of registration, and copies issued from records marked "delayed," "amended," or "court order" shall be similarly marked and shall show the effective date of the delayed registration, amendment or court order.
(a) The state registrar and other custodians of vital records authorized by the state registrar to issue certified copies shall, upon receipt of an application, issue a certified copy of a vital record in his or her custody or a part thereof to the registrant, his or her spouse, children, 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 of health and human resources may adopt rules to further define those 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. 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 adoptive child.
b. (d) A certified copy of a certificate vital record or any part thereof, issued in accordance with subdivision (a) subdivisions (a), (b) and (c) of this section, shall be considered for all purposes the same as the original, and shall be prima facie evidence of the facts stated therein: stated 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 body or administrative body or official before whom the certificate is offered as evidence.
(e) Nothing in this section may be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate 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 data may not be subject to subpoena or court order before a court hearing.
(f) When the state registrar receives information that a certificate may have been registered through fraud or misrepresentation, the state registrar shall withhold issuance of any copy of that certificate. The state registrar shall inform the registrant or the registrant's authorized representative of the right to request a hearing by the director of health in accordance with the division of health's rules of procedure for contested case hearings and declaratory rulings and article five, chapter twenty-nine-a of this code. The secretary of the department of health and human resources may on his or her initiative authorize the state registrar or another person to hold an investigation or hearing with the authority of and in accordance with section sixteen, article one of this chapter to determine if fraud or misrepresentation has occurred. If upon conclusion of a hearing or investigation no fraud or misrepresentation is found, copies may be issued. 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 shall be retained but may 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.
c. The national office of vital statistics may be furnished such copies of or data from state vital statistics records as it may require for national statistics: Provided, That the state shall be reimbursed for the cost of furnishing such data: Provided, however, That such data shall not be used for other than statistical purposes by the national office of vital statistics unless so authorized by the state board of health.
d. Federal, state, local and other public or private agencies may, upon request, be furnished copies of or data from state vital statistics for statistical purposes upon such terms or conditions as may be prescribed by the state board of health.
e. (g) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a certificate of birth, death, or fetal death vital record, except as authorized by this article, or by rules and regulations duly adopted thereunder. Provided, That the foregoing provisions of this subdivision shall not be construed as in any way prohibiting or infringing upon the right and duty of a county clerk to furnish a certified copy of any records in his lawful custody.
§16-5-28. Fees for copies and searches.
(a) The state director of the department division of health shall prescribe the fees, if any, to be charged and collected by the state registrar of vital statistics, for certified copies of certificates or records, not to exceed five dollars per copy, or for a search of the files or records when no copy is made: Provided, That the state registrar shall, upon request of any parent or guardian, supply without fee a certificate limited to a statement as to the date of birth of any child when the same shall be necessary for admission/ to school, or for the purpose of securing employment: Provided, however, That the state registrar may furnish certified copies of birth and death records to the state welfare department agencies, and to organized charities, free of charge, when such certificates are needed in presenting claims to the federal government, or to the state department of welfare for public assistance, and an accurate record shall be made of all such certificates so furnished.
(b) 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."
The director of health shall promptly deposit two three fifths of all fees received under the provisions of this section to the vital statistics account. The director of health shall promptly deposit three two fifths of all fees received under the provisions of this section to the general revenue fund account.
The director of health is authorized to expend the moneys deposited in the vital statistics account in accordance with the laws of this state as is 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.
The director 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. (a) Every person in charge of an institution as defined in this article shall keep a record of personal data concerning each person admitted to or confined in to such institution. containing such information as is required by the standard certificate of birth, death, and fetal death forms issued under the provisions of this article The record shall include such information as required for the certificates of birth and death and the reports of fetal death required by this article. The record shall be made at the time of admission from information provided by such the person being admitted or confined, but when it cannot be so obtained, the same information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the record.
b. (b) When a dead human 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 deceased 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. or if finally disposed of If final disposition is made by the institution, the date, place and manner of disposition shall also be recorded.
c. (c) A funeral director, embalmer, sexton or other person who removes from the place of death or transports or finally disposes makes final disposition of a dead body or fetus, in addition to filing any certificate or other form report required by this article or rules promulgated hereunder, shall keep a record which shall identify the body, and such information pertaining to his or her receipt, removal, and delivery, burial or cremation of such body as may be prescribed by rules and regulations duly adopted by the state board department of health and human resources.
d. (d) Records maintained under this section shall be retained for a period of not less than three years and shall be made available for inspection by the state registrar of vital statistics or his or her representative upon request.
§16-5-30. Duty to furnish information relative to vital events.
a. (a) Any person having knowledge of any fact required to be recorded under the provisions of this article or any rules and regulations duly adopted thereunder, or knowledge of which by the state registrar of vital statistics is necessary to effectuate the purposes of this article, regarding any birth, death, fetal death, marriage, or divorce or annulment, upon demand of the state registrar shall furnish information of such fact to the state registrar of vital statistics upon request.
(b) Any person or institution that in good faith provides information required by this article or rules may not be subject to 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. These lists shall be 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. This list shall be made on forms provided or approved by the state registrar.
§16-5-30a. Matching of birth and death certificates.
To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is hereby authorized to match birth and death certificates, in accordance with rules that require proof beyond a reasonable doubt of the fact of death, and to post the facts of death to the appropriate birth certificate. Copies issued from birth certificates marked deceased shall be similarly marked.
§16-5-31. Penalties.

a. (a) A person is 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, for commission of any of the following:
(1) Any person who Willfully and knowingly makes any false statement in a report, record, or certificate required to be filed under this article, or in an application for an amendment thereof, or who 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;
(2) Any person who Without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends or mutilates any record, report, or certificate required to be filed under this article, or any certified copy of such record, report or certificate; or
(3) Any person who Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnishes furnish or attempts to furnish to another for use, for any purpose of deception, any certificate, record, or report, required by this article or certified copy thereof so 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) Any person who with the intention to deceive wilfully uses or attempts to use any certificate of birth or certified copy of a record of birth knowing that such certificate or certified copy was issued upon a record which is false in whole or in part or which related to the birth of another person; or
(4) Willfully and knowingly as an employee of the section of vital statistics or any office designated under subsection (b), section five of this article, 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) Any person who wilfully and knowingly furnishes a certificate of birth or certified copy of a record of birth with the intention that it be used by a person other than the person to whom the record of birth relates, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or by both such fine and imprisonment.
(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. (b) A person is 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, for commission of any of the following:
(1) Any person who 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) Any person who Willfully and knowingly refuses to provide information required by this article or rules adopted hereunder; or
(3) Any person who Willfully and knowingly neglects or violates any of the provisions of this article or refuses to perform any of the duties imposed upon him or her. by this article, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment for not more than thirty days, or by both such fine and imprisonment
§16-5-32. Uniform system of registration of marriage, divorce and annulment of marriage.

To the end that an efficient and uniform system of registration of marriage, divorce and annulment of marriage shall be established in this state, the state registrar of vital statistics shall provide for the registration of each marriage, divorce and annulment of marriage which shall occur in this state. In so doing, the state director of health subject to rules and regulations promulgated by the board department of health and human resources shall have the authority and duty to:
a. (a) Install a statewide system of registering, indexing, and preserving records of marriage, divorce and annulment of marriage;
b. (b) Make and amend necessary rules, and regulations, give instructions, and prescribe and furnish forms, for collecting, transcribing, compiling and preserving records and statistics of marriage, divorce and annulment of marriage; and
c. (c) Make and publish a statistical report of marriage, divorce and annulment of marriage in this state.
§16-5-33. Registration of marriages.

All marriages taking place within the state shall be registered with the state registrar of vital statistics in the following manner:
a. (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, in such form and setting forth such information as may be prescribed by rule and regulation duly adopted pursuant to this article; and
b. (b) The state registrar shall preserve and index all records thus received and shall upon request issue a certified copy of the same, which shall be prima facie evidence in all courts in the state of the facts stated therein.
§16-5-34. Registration of divorces and annulments of marriages.

a. (a) The clerk of every court of record having jurisdiction of actions for divorce or annulment of marriage shall monthly make and deliver to the state registrar of vital statistics a report on a form prescribed by the state registrar of vital statistics, listing all of the divorces or annulments of marriages granted by such court during the preceding calendar month, showing insofar as such information appears in the complaint or final order or decree:
(1) The names and ages of the parties to the action;
(2) The date and place of the marriage thereby terminated;
(3) The names of said parties' children under the age of eighteen years; and
(4) The date of the final order or decree:
Provided, That in counties where the court is not in continuous session these reports shall be forwarded within ten days following the close of the term of the court.
b. (b) The state registrar shall search his or her files of reports of divorce and annulment of marriage upon receipt of written request and a fee of one dollar. If the record is found, he or she shall verify the facts of the divorce or annulment of marriage in writing to the applicant and shall notify the applicant of the place where the original record is found.
c. (c) Failure of the clerk of the court to comply with the provisions of subsection a (a) hereof of this section shall in no way affect the validity of any final judgment, order or decree of divorce or annulment of marriage.
§16-5-34a. Applicability to previously received certificates and reports.

The provisions of this article also 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.
§16-5-35. Severability.

If any provision of this article or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared to be severable.



NOTE: The purpose of this bill is to provide a more effective and efficient operation of the state's vital statistics system and to make the system more consistent with national model legislation. The fraction of fees collected that are deposited to the vital statistics account is changed from two-fifths to three-fifths.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Sections 19a, 30a, and 34a are new; therefore, strike- throughs and underscoring have been omitted.