CHAPTER 1. GENERAL PROVISIONS
IC 16-37
ARTICLE 37. VITAL STATISTICS
IC 16-37-1
Chapter 1. General Provisions
IC 16-37-1-1
Administration
Sec. 1. The state department shall provide a system of vitalstatistics for Indiana to be administered by a division of the statedepartment.
As added by P.L.2-1993, SEC.20.
IC 16-37-1-2
State registrar; duties
Sec. 2. The employee in charge of the division of the statedepartment administering the system of vital statistics shall be knownas the state registrar and shall do the following:
(1) Keep the files and records pertaining to vital statistics.
(2) Perform the duties prescribed by the state department.
(3) Perform the duties required under IC 10-13-5-11.
(4) Administer the putative father registry established byIC 31-19-5-2.
(5) Maintain records of paternity determinations as provided byIC 31-14-9.
As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.1;P.L.1-1997, SEC.90; P.L.2-2003, SEC.54.
IC 16-37-1-3
State department duties; rules
Sec. 3. The state department shall do the following:
(1) Prescribe the information to be contained in each kind ofapplication, certificate, report, or permit required by this article.
(2) Adopt rules under IC 4-22-2 for the following:
(A) Collecting, transcribing, compiling, and preserving vitalstatistics.
(B) The form, execution, filing, and recording of paternityaffidavits executed under IC 16-37-2-2.1.
As added by P.L.2-1993, SEC.20. Amended by P.L.46-1995, SEC.60;P.L.133-1995, SEC.11.
IC 16-37-1-3.1
Establishes Indiana birth registration and Indiana deathregistration systems
Sec. 3.1. (a) Beginning January 1, 2011, the state department shallestablish the Indiana birth registration system (IBRS) for recordingin an electronic format live births in Indiana.
(b) Beginning January 1, 2011, the state department shall establishthe Indiana death registration system (IDRS) for recording in anelectronic format deaths in Indiana. (c) Submission of records on births and deaths shall be entered by:
(1) funeral directors;
(2) physicians;
(3) coroners;
(4) medical examiners;
(5) persons in attendance at birth; and
(6) local health departments;
using the electronic system created by the state department under thissection.
(d) A person in attendance at a live birth shall report a birth to thelocal health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indianadeath registration system:
(1) The person in charge of interment shall initiate thedocument process and electronically submit the certificaterequired under IC 16-37-3-5 to the physician last in attendanceupon the deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shallelectronically certify to the local health department the cause ofdeath on the certificate of death not later than five (5) days afterreceiving under IC 16-37-3-5 the electronic notification fromthe person in charge of interment.
(3) The local health officer shall submit the reports requiredunder IC 16-37-1-5 to the state department not later than five(5) days after electronically receiving under IC 16-37-3-5 thecompleted certificate of death from the physician last inattendance.
As added by P.L.61-2009, SEC.5.
IC 16-37-1-4
Registration districts
Sec. 4. Each local health jurisdiction is a registration district forvital statistics and the local health officer shall be the local registrar.
As added by P.L.2-1993, SEC.20.
IC 16-37-1-5
Monthly report of local health officer
Sec. 5. (a) The local health officer, on the fourth day of eachmonth, shall report to the state department concerning the births,deaths, and stillbirths that occurred within the local health officer'sjurisdiction within the preceding month. However, after December31, 2010, the local health officer, beginning five (5) days afterelectronically receiving the form required for the Indiana birthregistration system or the Indiana death registration system, shall usethe Indiana birth registration system and the Indiana deathregistration system established under section 3.1 of this chapter toreport the births and deaths that occur in the local health officer'sjurisdiction, and shall report each birth or death to the statedepartment not later than five (5) days after being informed of thebirth or death. (b) If there are no births, deaths, or stillbirths to report, the localhealth officer shall indicate that information each month in a formatprescribed by the state department.
As added by P.L.2-1993, SEC.20. Amended by P.L.148-1996, SEC.1;P.L.61-2009, SEC.6.
IC 16-37-1-6
Contents of monthly report
Sec. 6. The report of the local health officer must contain thefollowing:
(1) The original copy of each certificate of birth, death, orstillbirth.
(2) A certification that no other births, deaths, or stillbirthsoccurred within the jurisdiction to the best of the health officer'sknowledge and belief.
(3) A copy of each paternity affidavit filed with the healthofficer under IC 16-37-2-2.1.
(4) Any other information required by the state department.
As added by P.L.2-1993, SEC.20. Amended by P.L.101-1994, SEC.1;P.L.46-1995, SEC.61; P.L.133-1995, SEC.12.
IC 16-37-1-7
Birth certificate requests; permanent records
Sec. 7. Both the state registrar and the local health officer shallmaintain a permanent record, accompanying the birth records, thatcontains for each request for a certified copy of a birth certificate thefollowing:
(1) The date of the request.
(2) The name and address of the person making the request.
As added by P.L.2-1993, SEC.20. Amended by P.L.87-1994, SEC.9.
IC 16-37-1-8
Prerequisites to issuance of birth certificate; judicial review;missing child certificates; excluded information
Sec. 8. (a) Except as provided in subsection (c), a local healthofficer shall provide a certification of birth, death, or stillbirthregistration upon request by any person only if:
(1) the health officer is satisfied that the applicant has a directinterest in the matter;
(2) the health officer determines that the certificate is necessaryfor the determination of personal or property rights or forcompliance with state or federal law; and
(3) the applicant for a birth certificate presents at least one (1)form of identification.
However, the local health officer must issue a certificate of anapplicant's own birth registration.
(b) A local health officer's decision whether or not to issue acertified copy of a birth certificate is subject to review by a court.
(c) A local health officer may not issue a copy of a birthcertificate of a missing child to which a notice has been attached
under IC 10-13-5-11 without the authorization of the Indianaclearinghouse for information on missing children and missingendangered adults.
(d) Upon determination that a person may be provided acertification of death under subsection (a), the local health officershall provide to the person a certification of death that excludesinformation concerning the cause of death if the person requests theexclusion of this information.
As added by P.L.2-1993, SEC.20. Amended by P.L.2-2003, SEC.55;P.L.123-2007, SEC.1; P.L.43-2009, SEC.16.
IC 16-37-1-8.5
Certificate of birth resulting in stillbirth; required contents ofcertificate
Sec. 8.5. (a) Upon request by a parent of a stillborn child, a localhealth officer shall provide to the parent a certificate of birthresulting in stillbirth.
(b) A certificate of birth resulting in stillbirth provided undersubsection (a) must contain the following:
(1) The caption "Certificate of Birth Resulting in Stillbirth".
(2) A space for the name of the stillborn child.
(c) A certificate provided under this section is in addition to acertificate of stillbirth registration provided under section 8 of thischapter.
(d) For purposes of federal, state, and local taxes, the certificateprovided under this section is not proof of a live birth.
(e) A local health department may charge the same fee for acertificate provided under this section as the fee charged for acertificate of birth registration provided under section 8 of thischapter.
(f) A certificate of birth resulting in stillbirth must be issued ontamper resistant paper.
As added by P.L.13-2002, SEC.1.
IC 16-37-1-9
Registration certificate charges
Sec. 9. (a) A local health department may make a charge underIC 16-20-1-27 for each certificate of birth, death, or stillbirthregistration. IC 5-14-3-8(d) does not apply to the health departmentmaking a charge for a certificate of birth, death, or stillbirthregistration under IC 16-20-1-27.
(b) If the local department of health makes a charge for acertificate of death under subsection (a), the coroners continuingeducation fee described in subsection (d) must be added to the rateestablished under IC 16-20-1-27. The local department of health shalldeposit any coroners continuing education fees with the countyauditor within thirty (30) days after collection. The county auditorshall transfer semiannually any coroners continuing education feesto the treasurer of state.
(c) Notwithstanding IC 16-20-1-27, a charge may not be made for
furnishing a certificate of birth, death, or stillbirth registration to aperson or to a member of the family of a person who needs thecertificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a memberof the person's family in connection with:
(A) the person's service in the armed forces of the UnitedStates; or
(B) a death pension or disability pension of a person who isserving or has served in the armed forces of the UnitedStates.
(2) To establish or to verify the age of a child in school whodesires to secure a work permit.
(d) The coroners continuing education fee is:
(1) one dollar and seventy-five cents ($1.75) after June 30,2007, and before July 1, 2013;
(2) two dollars ($2) after June 30, 2013, and before July 1,2018;
(3) two dollars and twenty-five cents ($2.25) after June 30,2018, and before July 1, 2023;
(4) two dollars and fifty cents ($2.50) after June 30, 2023, andbefore July 1, 2028;
(5) two dollars and seventy-five cents ($2.75) after June 30,2028, and before July 1, 2033;
(6) three dollars ($3) after June 30, 2033, and before July 1,2038;
(7) three dollars and twenty-five cents ($3.25) after June 30,2038, and before July 1, 2043; and
(8) three dollars and fifty cents ($3.50) after June 30, 2043.
As added by P.L.2-1993, SEC.20. Amended by P.L.36-1993, SEC.2;P.L.215-2007, SEC.3; P.L.225-2007, SEC.2; P.L.3-2008, SEC.110.
IC 16-37-1-10
Restrictions on disclosure of data; judicial review; exemption;birth records of adopted children
Sec. 10. (a) Except as provided in subsection (b), the records andfiles of the division of the state department concerning vital statisticsare subject to this article and rules of the state department. Datacontained in the records and files may be disclosed only as follows:
(1) The state registrar shall permit inspection of the records orissue a certified copy of a certificate or part of a certificate onlyif the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matterrecorded.
(B) That the information is necessary for the determinationof personal or property rights or for compliance with state orfederal law.
The state registrar's decision is subject to review by the statedepartment or a court under this section.
(2) The state department may permit the use of data containedin vital statistical records for research purposes only, but no
identifying use may be made of the data.
(3) In any extraordinary case that the state registrar determinesis a direct tangible and legitimate public interest.
(b) The birth record of an adopted child remains subject to theconfidentiality provisions of IC 31-19 regarding the release ofadoption information.
As added by P.L.2-1993, SEC.20. Amended by P.L.1-1997, SEC.91;P.L.257-1997(ss), SEC.29; P.L.1-1999, SEC.45.
IC 16-37-1-11
Record search or amendment; fees
Sec. 11. (a) The state department shall charge and collect a fee ofeight dollars ($8) for each search of the records in the division ofvital records. If the requested record is found, one (1) certification ofthe record will be issued without charge. Additional certifications ofthe same record will be issued at that time for an additional fee offour dollars ($4) for each record.
(b) The state department shall charge and collect an additional feeof eight dollars ($8) for any amendment to a record previously filedwith the division of vital records.
(c) Verification without charge will be issued to an agency oflocal, state, or federal government upon written request by theagency.
As added by P.L.2-1993, SEC.20. Amended by P.L.168-2003, SEC.1.
IC 16-37-1-11.5
Birth problems registry fee
Sec. 11.5. In addition to the fee charged by the state departmentunder section 11 of this chapter for a search of the records in thedivision of vital records, the state department shall charge a birthproblems registry fee of two dollars ($2) for each search of therecords for a birth certificate. The fees collected under this sectionshall be deposited in the birth problems registry fund established byIC 16-38-4-17.
As added by P.L.180-1993, SEC.1.
IC 16-37-1-11.7
Heirloom birth certificates; fees
Sec. 11.7. (a) The department shall design, promote, and sellheirloom birth certificates.
(b) An heirloom birth certificate must:
(1) contain the same information as a birth certificate issuedunder IC 16-37-2-9;
(2) be specially designed for framing and display;
(3) contain a background design, an emblem, or colors thatdesignate the birth certificate as an heirloom birth certificate;and
(4) contain any other information that the department considersnecessary.
(c) The department shall charge a fee of thirty dollars ($30) for an
heirloom birth certificate. The fee is apportioned as follows:
(1) Seven dollars ($7) must be retained by the state departmentto offset the cost of the heirloom birth certificate.
(2) Twenty-three dollars ($23) must be deposited in the infantmortality account established under IC 31-26-4-14.
As added by P.L.120-1997, SEC.6. Amended by P.L.145-2006,SEC.139.
IC 16-37-1-12
Fraud; felony
Sec. 12. A person who, with intent to defraud:
(1) makes a false or fraudulent statement in applying to a localhealth officer or to the state registrar for a certified copy of abirth certificate;
(2) makes a false or fraudulent statement in applying to the stateregistrar for permission to inspect public birth records held bythe state registrar;
(3) alters, counterfeits, or mutilates a certified copy of a birthcertificate issued by a local health officer or by the stateregistrar; or
(4) uses an altered, a counterfeit, or a mutilated certified copyof a birth certificate;
commits a Class D felony.
As added by P.L.2-1993, SEC.20. Amended by P.L.41-2008, SEC.1.
IC 16-37-1-13
Violations
Sec. 13. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
(b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.20.