New Hampshire Revised Statutes 5-C:9 – Disclosure of Information From Vital Records
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In order to protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, the registrar or the custodian of permanent local records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant has a direct and tangible interest in such record.
I. Upon written application by an adult adoptee, who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those imposed upon non-adopted citizens of the state.
I-a. The registrar shall prescribe and, upon request, shall make available to each birth parent named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such a request, the registrar shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the registrar.
I-b. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:
(a) I would like to be contacted. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(b) I would prefer to be contacted only through an intermediary. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(c) I would prefer not to be contacted at this time. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
I-c. When the registrar receives a complete contact preference form and a completed medical history form from a birth parent, the registrar shall match the contact preference form and the updated medical history form with the adoptee’s sealed birth certificate. The contact preference form and the updated medical history form shall then be attached to the adoptee’s sealed certificate.
I-d. Only a person authorized by the registrar to process an application made under paragraph I may process a contact preference form and an updated medical history form.
I-e. The applicant, a member of his or her immediate family, his or her guardian, or respective legal representatives shall be considered to have a direct and tangible interest for purposes of this section. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.
II. The term “legal representative” shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the applicant or his or her family.
III. Commercial firms or agencies requesting a listing of names and addresses shall not be considered to have a direct and tangible interest.
IV. Properly qualified members of the press, radio, television, and other news media shall be considered to have a direct and tangible interest in vital statistic records when the information requested by such media sources is of a public nature.
V. Disclosure of certain information and statistical data to federal, state, or local agencies and research for legitimate purposes other than requests for vital records information for the purposes of health-related research under N.H. Rev. Stat. § 126:24-c may be authorized by the registrar under N.H. Rev. Stat. § 5-C:102-111.
VI. The department of health and human services shall have a direct and tangible interest in vital records information in accordance with the provisions of N.H. Rev. Stat. § 126:24-c.
VII. Disclosure of voluntary acknowledgments and adjudication of paternity by judicial or administrative processes shall be released for the purposes of the state case registry pursuant to N.H. Rev. Stat. § 161-B:7.
VIII. The New Hampshire retirement system shall have a direct and tangible interest in a limited data set of death, marriage, and divorce information of members and beneficiaries for purposes of administering RSA 100-A, limited to name of registrant, date of birth, place of birth, social security number, date of vital event, place of vital event, marital status, and name of spouse. The secretary of state and the executive director of the New Hampshire retirement system shall enter into a memorandum of understanding for the purposes of delineating specific procedures for access to this limited data set.
IX. The department of corrections shall have a direct and tangible interest in a limited data set of death, marriage and divorce information of individuals they are charged with collection of fees and control and supervision by the department pursuant to RSA 21-H, N.H. Rev. Stat. § 504-A:12,VI, and N.H. Rev. Stat. § 504-A:13, limited to name of person, date of birth, social security number, date of vital event, place of vital event, cause of death, marital status, and name of spouse. The secretary of state and the commissioner of the department of corrections shall enter into a memorandum of understanding for the purposes of delineating specific procedures and protections for access to this limited data set.
I. Upon written application by an adult adoptee, who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those imposed upon non-adopted citizens of the state.
Terms Used In New Hampshire Revised Statutes 5-C:9
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
I-a. The registrar shall prescribe and, upon request, shall make available to each birth parent named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such a request, the registrar shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the registrar.
I-b. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:
(a) I would like to be contacted. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(b) I would prefer to be contacted only through an intermediary. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(c) I would prefer not to be contacted at this time. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
I-c. When the registrar receives a complete contact preference form and a completed medical history form from a birth parent, the registrar shall match the contact preference form and the updated medical history form with the adoptee’s sealed birth certificate. The contact preference form and the updated medical history form shall then be attached to the adoptee’s sealed certificate.
I-d. Only a person authorized by the registrar to process an application made under paragraph I may process a contact preference form and an updated medical history form.
I-e. The applicant, a member of his or her immediate family, his or her guardian, or respective legal representatives shall be considered to have a direct and tangible interest for purposes of this section. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.
II. The term “legal representative” shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the applicant or his or her family.
III. Commercial firms or agencies requesting a listing of names and addresses shall not be considered to have a direct and tangible interest.
IV. Properly qualified members of the press, radio, television, and other news media shall be considered to have a direct and tangible interest in vital statistic records when the information requested by such media sources is of a public nature.
V. Disclosure of certain information and statistical data to federal, state, or local agencies and research for legitimate purposes other than requests for vital records information for the purposes of health-related research under N.H. Rev. Stat. § 126:24-c may be authorized by the registrar under N.H. Rev. Stat. § 5-C:102-111.
VI. The department of health and human services shall have a direct and tangible interest in vital records information in accordance with the provisions of N.H. Rev. Stat. § 126:24-c.
VII. Disclosure of voluntary acknowledgments and adjudication of paternity by judicial or administrative processes shall be released for the purposes of the state case registry pursuant to N.H. Rev. Stat. § 161-B:7.
VIII. The New Hampshire retirement system shall have a direct and tangible interest in a limited data set of death, marriage, and divorce information of members and beneficiaries for purposes of administering RSA 100-A, limited to name of registrant, date of birth, place of birth, social security number, date of vital event, place of vital event, marital status, and name of spouse. The secretary of state and the executive director of the New Hampshire retirement system shall enter into a memorandum of understanding for the purposes of delineating specific procedures for access to this limited data set.
IX. The department of corrections shall have a direct and tangible interest in a limited data set of death, marriage and divorce information of individuals they are charged with collection of fees and control and supervision by the department pursuant to RSA 21-H, N.H. Rev. Stat. § 504-A:12,VI, and N.H. Rev. Stat. § 504-A:13, limited to name of person, date of birth, social security number, date of vital event, place of vital event, cause of death, marital status, and name of spouse. The secretary of state and the commissioner of the department of corrections shall enter into a memorandum of understanding for the purposes of delineating specific procedures and protections for access to this limited data set.