Section 23-02.1-27 - Disclosure of recordsBirth, death, and fetal death records, filings, data, or other information related to birth, death, and fetal death records are confidential and may not be disclosed except as authorized under this chapter. The state registrar shall restrict access to all vital records to protect vital records from loss, mutilation, or destruction and to prevent disclosure of the information contained in these records except as authorized under this chapter.
1. A certified copy of a birth record may be issued to the individual named on the record if that individual is at least sixteen years old, to a parent named on the record, to an authorized representative, to a homeless youth agency, or by the order of a court of competent jurisdiction. If the individual named on a birth record is deceased, a certified copy of that record also may be issued to a relative. If the date of birth on any birth record is more than one hundred and twenty-five years old, that record is an open record and a certified copy may be issued to anyone, except that adoption records remain confidential.2. A certified copy of a complete death record may be issued to a relative, an authorized representative, the child fatality review board, a licensed physician, or a genetic sibling for the purposes of researching family medical history; a funeral director, coroner, medical examiner, or state forensic examiner reporting the facts of death; the commissioner of veterans' affairs for a death record of an individual designated as having served in the United States armed forces; a person with personal or real property interests that depend upon information contained in the complete death record; or by the order of a court of competent jurisdiction, and may include the cause of death and the social security number. A certified copy of the facts of death record that includes the facts of death and the social security number may be issued to any person that may obtain a certified copy of a complete death record or to any licensed attorney who requires the copy for a bona fide legal determination. A certified copy of an informational death record may be issued to the general public, but the copy may not contain the cause of death or the social security number.3. A certified copy of a fetal death record may be issued to a parent named on the record, an authorized representative, or by the order of a court of competent jurisdiction. A person authorized to receive a certified copy of a fetal death record may request the certified copy be issued in the form of a certification of birth resulting in stillbirth.4. A noncertified informational copy of a marriage record may be issued to the general public.5. A person authorized to receive a certified copy of any specific record may grant another person the same authority by completing a written authorization on a form prescribed by the state department of health.6. The department of health and human services may grant limited access to birth and death information to divisions and programs of the department of health and human services, the department of transportation, the protection and advocacy project, and the information technology department necessary for the purpose of completing their respective official duties.7. The department of health and human services may issue, through electronic means determined by the department of health and human services, verifications of information contained on birth or death records filed with the state registrar when such information is provided and a verification is requested by a governmental agency, whether foreign or domestic, in the conduct of the agency's official duties. The department of health and human services may also issue these electronic verifications for a negotiated and agreed-upon fee to:a. Benefit-paying parties, such as annuity companies, pension plans, and life insurance companies, that demonstrate a need for such information to determine whether the benefits the benefit-paying party are paying should be terminated or distributed to a beneficiary;b. Physicians licensed to practice in the United States who demonstrate such information is needed to determine whether a patient the physician is treating has been lost to care;c. Attorneys licensed to practice in the United States who demonstrate that the information is necessary to administer the attorneys' client's estate; or d. Other entities for fraud prevention as determined by the state registrar.Amended by S.L. 2023 , ch. 236( HB 1481 ), § 1, eff. 8/1/2023.Amended by S.L. 2023 , ch. 235( HB 1326 ), § 1, eff. 8/1/2023.Amended by S.L. 2023 , ch. 233( SB 2379 ), § 2, eff. 4/13/2023.Amended by S.L. 2021, ch. 352 (HB 1247),§ 158, eff. 9/1/2022.Amended by S.L. 2021, ch. 352 (HB 1247),§ 157, eff. 9/1/2022.Amended by S.L. 2021 , ch. 56( SB 2035 ), § 4, eff. 8/1/2021.Amended by S.L. 2021 , ch. 196( SB 2123 ), § 1, eff. 4/16/2021.Amended by S.L. 2015 , ch. 188( HB 1116 ), § 7, eff. 8/1/2015.Amended by S.L. 2011 , ch. 127( HB 1214 ), § 4, eff. 8/1/2011.Amended by S.L. 2011 , ch. 185( HB 1084 ), § 2, eff. 3/28/2011.