Section 146-11-4 - Duties of Municipal ClerksA. Births 1. The municipal clerk is responsible for the receipt and processing of records of births occurring in institutions within the municipality. This includes receiving these records from the institution, signing them to indicate acceptance for filing, filing the record, and forwarding copies within 5 days after receipt to the mother's place of residence, if different.2. The municipal clerk is responsible for the receipt and processing of records of births to residents which occur outside the municipality. This includes receiving the records from the clerk at the place of birth or from the state registrar and filing them.3. The municipal clerk is responsible for the receipt and processing of records of births within the municipality which occur outside institutions, as specified in 10-146 CMR Chapter 10.4. If an "Acknowledgment of Paternity" form is filed with the birth certificate for an out-of-wedlock birth, the municipal clerk shall forward one copy with the certificate to the mother's place of residence, if different. The clerk shall forward the state copy of the acknowledgment to the state registrar.5. If an "Acknowledgment of Paternity" form for a child born out-of-wedlock is received by the municipal clerk at the place of birth or of residence after the birth certificate has been filed, the municipal clerk shall enter the father's name on the birth certificate and forward the state copy of the acknowledgment to the state registrar. The state registrar will forward copies to other custodians of the record as appropriate.6. Notwithstanding paragraph 1 of this subsection, the state registrar may direct that records of births which occur in institutions need be filed only with the Office of Vital Statistics, using computer software provided by the state registrar for this purpose. In this case, the Office of Vital Statistics will provide copies (paper or electronic) to the municipal clerks at both the place of birth and the place of residence, if different. B. Deaths and Fetal Deaths 1. The municipal clerk is responsible for the receipt and processing of records of deaths and fetal deaths occurring within the municipality. This includes receiving the records from the funeral director, institution (in the case of fetal deaths), physician or authorized person; checking them for accuracy and completeness; forwarding them to the state registrar within 7 days after receipt, on a weekly basis; and forwarding copies, at the same time, to the place of residence of the deceased person, if different from the place where death occurred.2. The municipal clerk is responsible for the receipt and processing of records of deaths of residents which occur outside the municipality. This includes receiving the records from the clerk at the place of death and filing them.3. The municipal clerk is responsible for issuing burial-transit permits, receiving permits after endorsement, and filing them, as specified in 10-CMR Chapter 1C. Marriages The municipal clerk is responsible for receiving intentions of marriage, issuing marriage licenses, and processing marriage certificates, as specified in 10-146 CMR Chapter 6. The state copies of the marriage records shall be forwarded to the state registrar within 7 days after receipt, on a weekly basis.
D. Maintenance of Records The municipal clerk is responsible for maintaining all birth, death, fetal death and marriage records received for filing. These records are considered to be in the custody of the state registrar and are subject to the same requirements regarding disclosure as are records in the possession of the state registrar.
E. Certified Copies The municipal clerk is responsible for issuing certified copies or abstracts of birth, death and/or marriage records. The records from which the certified copies or abstracts are issued shall be those maintained in the municipal office. All forms, formats and procedures used to issue the copies or abstracts shall be uniform and provided or approved by the state registrar.
10- 146 C.M.R. ch. 11, § 4