37.8.126    ACCESS TO RECORDS

(1) Anyone who submits a completed state-approved application must provide proof of identification before obtaining a certified or noncertified copy of a vital record.

(2) If a death certificate lists the cause of death as "pending," a certified or noncertified copy will be issued that has the cause of death information removed.

(3) The following people may obtain a certified copy of a birth record:

(a) a registrant, upon establishing the registrant's identity to the satisfaction of the certifying official;

(b) a spouse, child, or parent of a registrant to whom the requested record pertains, upon establishing identification and relationship to the registrant to the satisfaction of the certifying official;

(c) a grandparent whose child is listed as a parent on the grandchild's birth certificate upon establishing identification and relationship to the satisfaction of the certifying official;

(d) a caretaker relative providing a medical authorization affidavit issued under 40-6-501 and 40-6-502, MCA, or an educational authorization affidavit issued under 20-50-503, MCA;

(e) an individual having legal guardianship of the registrant, upon submitting a copy of a legal document showing proof of the guardianship;

(f) an individual who needs a certified copy to protect his or her personal or property rights, upon submitting a notarized or certified document that states that the applicant is required to obtain a certified copy in order to protect the applicant's personal or property rights; or

(g) an authorized representative of the registrant, or an authorized representative of the spouse, child, parent, or legal guardian of a registrant, upon establishing their identity to the satisfaction of the certifying official.

(4) The following people may not receive a copy, certified or uncertified, of a registrant's birth records:

(a) a former spouse whose marriage to the registrant was terminated through divorce, annulment, or invalidation unless the former spouse can demonstrate a need to protect individual or property rights; or

(b) a natural parent of an adopted child when the parent does not have parental rights to that child.

(5) Birth certificates may be released to the public no earlier than 30 years after the date of birth. Only noncertified copies will be released.

(6) A certified copy of certificate of birth that resulted in a stillbirth may only be issued to the following:

(a) either parent if listed on the certificate; or

(b) those persons listed in 50-15-121(1), MCA, upon receipt of an order from a court with appropriate jurisdiction.

(7) Informational noncertified copies of a certificate of a birth that resulted in a stillbirth may be released to the public no earlier than 30 years after the date of delivery.

(8) A clerk of the district court may issue a certified copy of a marriage or marital termination record to anyone listed in (3) after receiving a completed application for the record and establishing the identity of the requestor and the requestor's relationship to the registrants.

(9) A certifying official may not file, issue or certify a copy of a vital record from another state or country.

(10) Unless authorized by the department, a county certifying official may not provide a copy, certified or otherwise, of a birth certificate in the official's custody to another county's certifying official for filing.

History: 50-15-103, 50-15-121, 50-15-122, MCA; IMP, 20-50-503, 40-6-501, 40-6-502, 50-15-103, 50-15-121, 50-15-122, MCA; NEW, 1983 MAR p. 1351, Eff. 9/30/83; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2000 MAR p. 1653, Eff. 6/30/00; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03; AMD, 2008 MAR p. 169, Eff. 1/1/08; AMD, 2009 MAR p. 1671, Eff. 9/25/09; AMD, 2015 MAR p. 1492, Eff. 9/25/15.