(A)

Terms Used In Ohio Code 3705.23

  • Birth record: means a birth certificate that has been registered with the office of vital statistics; or, if registered prior to March 16, 1989, with the division of vital statistics; or, if registered prior to the establishment of the division of vital statistics, with the department of health or a local registrar. See Ohio Code 3705.01
  • Certification of birth: means a document issued by the director of health or state registrar or a local registrar under division (B) of section 3705. See Ohio Code 3705.01
  • Cremation: means the reduction to ashes of a dead body. See Ohio Code 3705.01
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • File: means the presentation of vital records for registration by the office of vital statistics. See Ohio Code 3705.01
  • Fraud: Intentional deception resulting in injury to another.
  • Funeral director: has the meaning given in section 4717. See Ohio Code 3705.01
  • 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.
  • Lineal descendant: Direct descendant of the same ancestors.
  • Live birth: means the complete expulsion or extraction from its mother of a product of human conception that after such expulsion or extraction breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Ohio Code 3705.01
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Registration: means the acceptance by the office of vital statistics and the incorporation of vital records into its official records. See Ohio Code 3705.01
  • Rule: includes regulation. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59
  • State registrar: means the head of the office of vital statistics in the department of health. See Ohio Code 3705.01
  • Stillborn: means that an infant of at least twenty weeks of gestation suffered a fetal death. See Ohio Code 3705.01

(1) Except as otherwise provided in this section, the director of health, the state registrar, or a local registrar, on receipt of a signed application and the fee specified in section 3705.24 of the Revised Code, shall issue a certified copy of a vital record, or of a part of a vital record, in the director’s or registrar’s custody to any applicant, unless the vital record has ceased to be a public record pursuant to section 3705.09, 3705.11, 3705.12, 3705.121, 3705.122, 3705.123, 3705.124, or 3705.15 of the Revised Code. The certified copy shall show the date the vital record was registered by the local registrar.

(2) A certified copy of a vital record may be made by a mechanical, electronic, or other reproduction process. It shall be certified as a true copy by the director, state registrar, or local registrar who has custody of the record and shall include the date of issuance, the name of the issuing officer, the signature of the officer or an authorized facsimile of the signature, and the seal of the issuing office.

(3) A certified copy of a vital record or of any part of a vital record, issued in accordance with this section, shall be considered for all purposes the same as the original and shall be prima-facie evidence of the facts stated in it in all courts and places.

(4)

(a) Information contained in the “information for medical and health use only” section of a birth record shall not be included as part of a certified copy of the birth record unless the information specifically is requested by the individual to whose birth the record attests, either of the individual’s parents or the individual’s guardian, a lineal descendant, or an official of the federal or state government or of a political subdivision of the state charged by law with detecting or prosecuting crime.

(b) Except as provided in division (A)(4)(a) of this section, neither the office of vital statistics nor a local registrar shall disclose information contained in the “information for medical and health use only” section of a birth record unless a court, for good cause shown, orders disclosure of the information or the state registrar specifically authorizes release of the information for statistical or research purposes under conditions the state registrar, subject to the approval of the director of health, shall establish by rule.

(5) For the first five years after a decedent‘s death, a decedent’s social security number shall not be included on a certified copy of the decedent’s death certificate unless that information is specifically requested to be on the certified copy by one of the following who presents proof satisfactory to the director, state registrar, or local registrar of the person‘s identity:

(a) The decedent’s spouse;

(b) A county veterans service officer employed under section 5901.07 of the Revised Code;

(c) An official specified in division (A). (B). or (C) of section 9.15 of the Revised Code who is authorized to cause the burial or cremation of a dead person as described in that section;

(d) An agent of an officer or official described in division (A)(5)(b) or (c) of this section, but only if the agent presents either of the following indicating the agent’s status as the officer’s or official’s agent:

(i) Photographic identification, such as an employment badge;

(ii) A signed and dated letter on the officer’s or official’s letterhead.

(e) A lineal descendant of the decedent;

(f) An individual with a class A or B license to engage in the business of private investigation issued under section 4749.03 of the Revised Code;

(g) An official of the federal or state government or of a political subdivision of the state charged by law with detecting or prosecuting crime;

(h) An individual engaged in the work of. or connected with, or employed by. any media organization or media association for the purpose of gathering, procuring, compiling, editing, disseminating, or publishing news;

(i) The executor or administrator of the decedent’s estate, or an attorney representing the executor or administrator;

(j) An agent, as defined in section 1337.22 of the Revised Code, of the decedent, when the decedent had been the principal under a power of attorney created pursuant to sections 1337.21 to 1337.64 of the Revised Code;

(k) The adult, or any adult in a group of adults, serving as the representative or successor representative under a written declaration the decedent executed pursuant to section 2108.70 of the Revised Code;

(l) A licensed funeral director, or an employee or agent of that individual, who requests a certified copy of the decedent’s death certificate on behalf of a person described in division (A) (5) of this section other than a person described in division (A)(5)(g) of this section;

(m) Any person who is authorized by law to act on behalf of the decedent or the decedent’s estate but is not listed in divisions (A)(5)(a) to (1) of this section.

(B)

(1) Unless the applicant specifically requests a certified copy, the director, the state registrar, or a local registrar, on receipt of a signed application for a birth record and the fee specified in section 3705.24 of the Revised Code, may issue a certification of birth, and the certification of birth shall contain at least the name, sex, date of birth, registration date, and place of birth of the person to whose birth the record attests and shall attest that the person’s birth has been registered. A certification of birth shall be prima-facie evidence of the facts stated in it in all courts and places.

(2) The director or state registrar, on receipt of a signed application for an heirloom certification of birth and the fee specified in section 3705.24 of the Revised Code, may issue an heirloom certification of birth. The director shall prescribe by rule guidelines for the form of an heirloom certification of birth, and the guidelines shall require the heirloom certification of birth to contain at least the name, sex, date of birth, registration date, and place of birth of the person to whose birth the record attests and to attest that the person’s birth has been registered. An heirloom certification of birth shall be prima-facie evidence of the facts stated in it in all courts and places.

(3)

(a) The director or state registrar, on receipt of an application signed by either parent, shall issue a certificate that recognizes the delivery of a stillborn infant. The director or state registrar shall not charge a fee for the certificate. The certificate is not proof of a live birth for purposes of federal, state, and local taxes.

The certificate shall contain the infant’s name and sex, the date of delivery, and the place of delivery. The certificate shall not contain the word “stillborn” or “stillbirth” or any other words having the same or a similar meaning. The director may prescribe by rule any other standards regarding the form of the certificate.

(b) If, prior to June 3. 2014. a parent obtained a certificate that contains the word “stillborn” or “stillbirth” or any other words having the same or a similar meaning, the parent may submit to the director or state registrar a written request for issuance of a certificate that meets the conditions specified in division (B)(3)(a) of this section. On receipt of the request, the director or state registrar shall issue the certificate.

(C) On evidence that a birth certificate was registered through misrepresentation or fraud, the state registrar may withhold the issuance of a certified copy of the birth record or a certification of birth until a court makes a determination that no misrepresentation or fraud occurred.

Amended by 131st General Assembly File No. TBD, SB 61, §1, eff. 10/15/2015.

Amended by 130th General Assembly File No. 56, SB 23, §1, eff. 3/20/2015.

Amended by 130th General Assembly File No. 68, HB 95, §1, eff. 6/3/2014.

Effective Date: 09-26-2003 .