37.8.804    COURT ORDERED FILING OF BIRTH OR DEATH CERTIFICATE

(1) Only a Montana district court with appropriate jurisdiction may order a birth or a death certificate be filed for a birth or a death that occurred within Montana.

(2) A local registrar may not complete a court ordered birth certificate. The court order must be submitted directly to the department, whereupon a certificate will be prepared and placed on file.

(3) A local registrar may not complete a court ordered death certificate. The court order must be submitted directly to the local coroner, who will prepare and file the certificate with the department.

(4) When a court order from a Montana district court with appropriate jurisdiction directs the preparation and filing of a birth certificate, the information necessary to complete the certificate must be specified in the order.

(5) When a death is legally presumed but not confirmed, as in the case where the body has not been found, a death certificate may be filed only by the order of a Montana district court with appropriate jurisdiction directing the local coroner to prepare and file a death certificate with the department and specifying the information necessary to complete the certificate.

History: 50-15-102, 50-15-103, MCA; IMP, 50-15-204, 50-15-404, MCA; NEW, 1985 MAR p. 275, Eff. 3/29/85; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2008 MAR p. 169, Eff. 1/1/08.