IC 16-37-1-1 Administration
Sec. 1. The state department shall provide a system of vital
statistics for Indiana to be administered by a division of the state
department. 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 state
department administering the system of vital statistics shall be known
as 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 by
IC 31-19-5-2.
(5) Maintain records of paternity determinations as provided by
IC 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 of
application, 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 vital
statistics.
(B) The form, execution, filing, and recording of paternity
affidavits 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 death
registration systems
Sec. 3.1. (a) Beginning January 1, 2011, the state department shall
establish the Indiana birth registration system (IBRS) for recording
in an electronic format live births in Indiana.
(b) Beginning January 1, 2011, the state department shall establish
the Indiana death registration system (IDRS) for recording in an
electronic 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 this
section.
(d) A person in attendance at a live birth shall report a birth to the
local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana
death registration system:
(1) The person in charge of interment shall initiate the
document process and electronically submit the certificate
required under IC 16-37-3-5 to the physician last in attendance
upon the deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of
death on the certificate of death not later than five (5) days after
receiving under IC 16-37-3-5 the electronic notification from
the person in charge of interment.
(3) The local health officer shall submit the reports required
under IC 16-37-1-5 to the state department not later than five
(5) days after electronically receiving under IC 16-37-3-5 the
completed certificate of death from the physician last in
attendance. 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 for
vital 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 each
month, shall report to the state department concerning the births,
deaths, and stillbirths that occurred within the local health officer's
jurisdiction within the preceding month. However, after December
31, 2010, the local health officer, beginning five (5) days after
electronically receiving the form required for the Indiana birth
registration system or the Indiana death registration system, shall use
the Indiana birth registration system and the Indiana death
registration system established under section 3.1 of this chapter to
report the births and deaths that occur in the local health officer's
jurisdiction, and shall report each birth or death to the state
department not later than five (5) days after being informed of the
birth or death.
(b) If there are no births, deaths, or stillbirths to report, the local
health officer shall indicate that information each month in a format
prescribed 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 the
following:
(1) The original copy of each certificate of birth, death, or
stillbirth.
(2) A certification that no other births, deaths, or stillbirths
occurred within the jurisdiction to the best of the health officer's
knowledge and belief.
(3) A copy of each paternity affidavit filed with the health
officer 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 shall
maintain a permanent record, accompanying the birth records, that
contains for each request for a certified copy of a birth certificate the
following:
(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 health
officer shall provide a certification of birth, death, or stillbirth
registration upon request by any person only if:
(1) the health officer is satisfied that the applicant has a direct
interest in the matter;
(2) the health officer determines that the certificate is necessary
for the determination of personal or property rights or for
compliance 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 an
applicant's own birth registration.
(b) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) A local health officer may not issue a copy of a birth
certificate of a missing child to which a notice has been attached
under IC 10-13-5-11 without the authorization of the Indiana
clearinghouse for information on missing children and missing
endangered adults.
(d) Upon determination that a person may be provided a
certification of death under subsection (a), the local health officer
shall provide to the person a certification of death that excludes
information concerning the cause of death if the person requests the
exclusion 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 of
certificate
Sec. 8.5. (a) Upon request by a parent of a stillborn child, a local
health officer shall provide to the parent a certificate of birth
resulting in stillbirth.
(b) A certificate of birth resulting in stillbirth provided under
subsection (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 a
certificate of stillbirth registration provided under section 8 of this
chapter.
(d) For purposes of federal, state, and local taxes, the certificate
provided under this section is not proof of a live birth.
(e) A local health department may charge the same fee for a
certificate provided under this section as the fee charged for a
certificate of birth registration provided under section 8 of this
chapter.
(f) A certificate of birth resulting in stillbirth must be issued on
tamper 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 under
IC 16-20-1-27 for each certificate of birth, death, or stillbirth
registration. IC 5-14-3-8(d) does not apply to the health department
making a charge for a certificate of birth, death, or stillbirth
registration under IC 16-20-1-27.
(b) If the local department of health makes a charge for a
certificate of death under subsection (a), the coroners continuing
education fee described in subsection (d) must be added to the rate
established under IC 16-20-1-27. The local department of health shall
deposit any coroners continuing education fees with the county
auditor within thirty (30) days after collection. The county auditor
shall transfer semiannually any coroners continuing education fees
to 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 a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United
States.
(2) To establish or to verify the age of a child in school who
desires 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, and
before 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 and
files of the division of the state department concerning vital statistics
are subject to this article and rules of the state department. Data
contained in the records and files may be disclosed only as follows:
(1) The state registrar shall permit inspection of the records or
issue a certified copy of a certificate or part of a certificate only
if the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matter
recorded.
(B) That the information is necessary for the determination
of personal or property rights or for compliance with state or
federal law.
The state registrar's decision is subject to review by the state
department or a court under this section.
(2) The state department may permit the use of data contained
in 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 determines
is a direct tangible and legitimate public interest.
(b) The birth record of an adopted child remains subject to the
confidentiality provisions of IC 31-19 regarding the release of
adoption 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 of
eight dollars ($8) for each search of the records in the division of
vital records. If the requested record is found, one (1) certification of
the record will be issued without charge. Additional certifications of
the same record will be issued at that time for an additional fee of
four dollars ($4) for each record.
(b) The state department shall charge and collect an additional fee
of eight dollars ($8) for any amendment to a record previously filed
with the division of vital records.
(c) Verification without charge will be issued to an agency of
local, state, or federal government upon written request by the
agency. 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 department
under section 11 of this chapter for a search of the records in the
division of vital records, the state department shall charge a birth
problems registry fee of two dollars ($2) for each search of the
records for a birth certificate. The fees collected under this section
shall be deposited in the birth problems registry fund established by
IC 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 sell
heirloom birth certificates.
(b) An heirloom birth certificate must:
(1) contain the same information as a birth certificate issued
under IC 16-37-2-9;
(2) be specially designed for framing and display;
(3) contain a background design, an emblem, or colors that
designate the birth certificate as an heirloom birth certificate;
and
(4) contain any other information that the department considers
necessary.
(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 department
to offset the cost of the heirloom birth certificate.
(2) Twenty-three dollars ($23) must be deposited in the infant
mortality 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 local
health officer or to the state registrar for a certified copy of a
birth certificate;
(2) makes a false or fraudulent statement in applying to the state
registrar for permission to inspect public birth records held by
the state registrar;
(3) alters, counterfeits, or mutilates a certified copy of a birth
certificate issued by a local health officer or by the state
registrar; or
(4) uses an altered, a counterfeit, or a mutilated certified copy
of 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 who
recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.20.
IC 16-37-1-1 Administration
Sec. 1. The state department shall provide a system of vital
statistics for Indiana to be administered by a division of the state
department. 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 state
department administering the system of vital statistics shall be known
as 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 by
IC 31-19-5-2.
(5) Maintain records of paternity determinations as provided by
IC 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 of
application, 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 vital
statistics.
(B) The form, execution, filing, and recording of paternity
affidavits 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 death
registration systems
Sec. 3.1. (a) Beginning January 1, 2011, the state department shall
establish the Indiana birth registration system (IBRS) for recording
in an electronic format live births in Indiana.
(b) Beginning January 1, 2011, the state department shall establish
the Indiana death registration system (IDRS) for recording in an
electronic 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 this
section.
(d) A person in attendance at a live birth shall report a birth to the
local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana
death registration system:
(1) The person in charge of interment shall initiate the
document process and electronically submit the certificate
required under IC 16-37-3-5 to the physician last in attendance
upon the deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of
death on the certificate of death not later than five (5) days after
receiving under IC 16-37-3-5 the electronic notification from
the person in charge of interment.
(3) The local health officer shall submit the reports required
under IC 16-37-1-5 to the state department not later than five
(5) days after electronically receiving under IC 16-37-3-5 the
completed certificate of death from the physician last in
attendance. 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 for
vital 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 each
month, shall report to the state department concerning the births,
deaths, and stillbirths that occurred within the local health officer's
jurisdiction within the preceding month. However, after December
31, 2010, the local health officer, beginning five (5) days after
electronically receiving the form required for the Indiana birth
registration system or the Indiana death registration system, shall use
the Indiana birth registration system and the Indiana death
registration system established under section 3.1 of this chapter to
report the births and deaths that occur in the local health officer's
jurisdiction, and shall report each birth or death to the state
department not later than five (5) days after being informed of the
birth or death.
(b) If there are no births, deaths, or stillbirths to report, the local
health officer shall indicate that information each month in a format
prescribed 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 the
following:
(1) The original copy of each certificate of birth, death, or
stillbirth.
(2) A certification that no other births, deaths, or stillbirths
occurred within the jurisdiction to the best of the health officer's
knowledge and belief.
(3) A copy of each paternity affidavit filed with the health
officer 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 shall
maintain a permanent record, accompanying the birth records, that
contains for each request for a certified copy of a birth certificate the
following:
(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 health
officer shall provide a certification of birth, death, or stillbirth
registration upon request by any person only if:
(1) the health officer is satisfied that the applicant has a direct
interest in the matter;
(2) the health officer determines that the certificate is necessary
for the determination of personal or property rights or for
compliance 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 an
applicant's own birth registration.
(b) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) A local health officer may not issue a copy of a birth
certificate of a missing child to which a notice has been attached
under IC 10-13-5-11 without the authorization of the Indiana
clearinghouse for information on missing children and missing
endangered adults.
(d) Upon determination that a person may be provided a
certification of death under subsection (a), the local health officer
shall provide to the person a certification of death that excludes
information concerning the cause of death if the person requests the
exclusion 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 of
certificate
Sec. 8.5. (a) Upon request by a parent of a stillborn child, a local
health officer shall provide to the parent a certificate of birth
resulting in stillbirth.
(b) A certificate of birth resulting in stillbirth provided under
subsection (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 a
certificate of stillbirth registration provided under section 8 of this
chapter.
(d) For purposes of federal, state, and local taxes, the certificate
provided under this section is not proof of a live birth.
(e) A local health department may charge the same fee for a
certificate provided under this section as the fee charged for a
certificate of birth registration provided under section 8 of this
chapter.
(f) A certificate of birth resulting in stillbirth must be issued on
tamper 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 under
IC 16-20-1-27 for each certificate of birth, death, or stillbirth
registration. IC 5-14-3-8(d) does not apply to the health department
making a charge for a certificate of birth, death, or stillbirth
registration under IC 16-20-1-27.
(b) If the local department of health makes a charge for a
certificate of death under subsection (a), the coroners continuing
education fee described in subsection (d) must be added to the rate
established under IC 16-20-1-27. The local department of health shall
deposit any coroners continuing education fees with the county
auditor within thirty (30) days after collection. The county auditor
shall transfer semiannually any coroners continuing education fees
to 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 a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United
States.
(2) To establish or to verify the age of a child in school who
desires 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, and
before 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 and
files of the division of the state department concerning vital statistics
are subject to this article and rules of the state department. Data
contained in the records and files may be disclosed only as follows:
(1) The state registrar shall permit inspection of the records or
issue a certified copy of a certificate or part of a certificate only
if the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matter
recorded.
(B) That the information is necessary for the determination
of personal or property rights or for compliance with state or
federal law.
The state registrar's decision is subject to review by the state
department or a court under this section.
(2) The state department may permit the use of data contained
in 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 determines
is a direct tangible and legitimate public interest.
(b) The birth record of an adopted child remains subject to the
confidentiality provisions of IC 31-19 regarding the release of
adoption 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 of
eight dollars ($8) for each search of the records in the division of
vital records. If the requested record is found, one (1) certification of
the record will be issued without charge. Additional certifications of
the same record will be issued at that time for an additional fee of
four dollars ($4) for each record.
(b) The state department shall charge and collect an additional fee
of eight dollars ($8) for any amendment to a record previously filed
with the division of vital records.
(c) Verification without charge will be issued to an agency of
local, state, or federal government upon written request by the
agency. 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 department
under section 11 of this chapter for a search of the records in the
division of vital records, the state department shall charge a birth
problems registry fee of two dollars ($2) for each search of the
records for a birth certificate. The fees collected under this section
shall be deposited in the birth problems registry fund established by
IC 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 sell
heirloom birth certificates.
(b) An heirloom birth certificate must:
(1) contain the same information as a birth certificate issued
under IC 16-37-2-9;
(2) be specially designed for framing and display;
(3) contain a background design, an emblem, or colors that
designate the birth certificate as an heirloom birth certificate;
and
(4) contain any other information that the department considers
necessary.
(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 department
to offset the cost of the heirloom birth certificate.
(2) Twenty-three dollars ($23) must be deposited in the infant
mortality 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 local
health officer or to the state registrar for a certified copy of a
birth certificate;
(2) makes a false or fraudulent statement in applying to the state
registrar for permission to inspect public birth records held by
the state registrar;
(3) alters, counterfeits, or mutilates a certified copy of a birth
certificate issued by a local health officer or by the state
registrar; or
(4) uses an altered, a counterfeit, or a mutilated certified copy
of 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 who
recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.20.
IC 16-37-1-1 Administration
Sec. 1. The state department shall provide a system of vital
statistics for Indiana to be administered by a division of the state
department. 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 state
department administering the system of vital statistics shall be known
as 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 by
IC 31-19-5-2.
(5) Maintain records of paternity determinations as provided by
IC 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 of
application, 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 vital
statistics.
(B) The form, execution, filing, and recording of paternity
affidavits 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 death
registration systems
Sec. 3.1. (a) Beginning January 1, 2011, the state department shall
establish the Indiana birth registration system (IBRS) for recording
in an electronic format live births in Indiana.
(b) Beginning January 1, 2011, the state department shall establish
the Indiana death registration system (IDRS) for recording in an
electronic 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 this
section.
(d) A person in attendance at a live birth shall report a birth to the
local health officer in accordance with IC 16-37-2-2.
(e) Death records shall be submitted as follows, using the Indiana
death registration system:
(1) The person in charge of interment shall initiate the
document process and electronically submit the certificate
required under IC 16-37-3-5 to the physician last in attendance
upon the deceased not later than five (5) days after the death.
(2) The physician last in attendance upon the deceased shall
electronically certify to the local health department the cause of
death on the certificate of death not later than five (5) days after
receiving under IC 16-37-3-5 the electronic notification from
the person in charge of interment.
(3) The local health officer shall submit the reports required
under IC 16-37-1-5 to the state department not later than five
(5) days after electronically receiving under IC 16-37-3-5 the
completed certificate of death from the physician last in
attendance. 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 for
vital 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 each
month, shall report to the state department concerning the births,
deaths, and stillbirths that occurred within the local health officer's
jurisdiction within the preceding month. However, after December
31, 2010, the local health officer, beginning five (5) days after
electronically receiving the form required for the Indiana birth
registration system or the Indiana death registration system, shall use
the Indiana birth registration system and the Indiana death
registration system established under section 3.1 of this chapter to
report the births and deaths that occur in the local health officer's
jurisdiction, and shall report each birth or death to the state
department not later than five (5) days after being informed of the
birth or death.
(b) If there are no births, deaths, or stillbirths to report, the local
health officer shall indicate that information each month in a format
prescribed 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 the
following:
(1) The original copy of each certificate of birth, death, or
stillbirth.
(2) A certification that no other births, deaths, or stillbirths
occurred within the jurisdiction to the best of the health officer's
knowledge and belief.
(3) A copy of each paternity affidavit filed with the health
officer 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 shall
maintain a permanent record, accompanying the birth records, that
contains for each request for a certified copy of a birth certificate the
following:
(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 health
officer shall provide a certification of birth, death, or stillbirth
registration upon request by any person only if:
(1) the health officer is satisfied that the applicant has a direct
interest in the matter;
(2) the health officer determines that the certificate is necessary
for the determination of personal or property rights or for
compliance 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 an
applicant's own birth registration.
(b) A local health officer's decision whether or not to issue a
certified copy of a birth certificate is subject to review by a court.
(c) A local health officer may not issue a copy of a birth
certificate of a missing child to which a notice has been attached
under IC 10-13-5-11 without the authorization of the Indiana
clearinghouse for information on missing children and missing
endangered adults.
(d) Upon determination that a person may be provided a
certification of death under subsection (a), the local health officer
shall provide to the person a certification of death that excludes
information concerning the cause of death if the person requests the
exclusion 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 of
certificate
Sec. 8.5. (a) Upon request by a parent of a stillborn child, a local
health officer shall provide to the parent a certificate of birth
resulting in stillbirth.
(b) A certificate of birth resulting in stillbirth provided under
subsection (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 a
certificate of stillbirth registration provided under section 8 of this
chapter.
(d) For purposes of federal, state, and local taxes, the certificate
provided under this section is not proof of a live birth.
(e) A local health department may charge the same fee for a
certificate provided under this section as the fee charged for a
certificate of birth registration provided under section 8 of this
chapter.
(f) A certificate of birth resulting in stillbirth must be issued on
tamper 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 under
IC 16-20-1-27 for each certificate of birth, death, or stillbirth
registration. IC 5-14-3-8(d) does not apply to the health department
making a charge for a certificate of birth, death, or stillbirth
registration under IC 16-20-1-27.
(b) If the local department of health makes a charge for a
certificate of death under subsection (a), the coroners continuing
education fee described in subsection (d) must be added to the rate
established under IC 16-20-1-27. The local department of health shall
deposit any coroners continuing education fees with the county
auditor within thirty (30) days after collection. The county auditor
shall transfer semiannually any coroners continuing education fees
to 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 a
person or to a member of the family of a person who needs the
certificate for one (1) of the following purposes:
(1) To establish the person's age or the dependency of a member
of the person's family in connection with:
(A) the person's service in the armed forces of the United
States; or
(B) a death pension or disability pension of a person who is
serving or has served in the armed forces of the United
States.
(2) To establish or to verify the age of a child in school who
desires 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, and
before 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 and
files of the division of the state department concerning vital statistics
are subject to this article and rules of the state department. Data
contained in the records and files may be disclosed only as follows:
(1) The state registrar shall permit inspection of the records or
issue a certified copy of a certificate or part of a certificate only
if the state registrar is satisfied of the following:
(A) That the applicant has a direct interest in the matter
recorded.
(B) That the information is necessary for the determination
of personal or property rights or for compliance with state or
federal law.
The state registrar's decision is subject to review by the state
department or a court under this section.
(2) The state department may permit the use of data contained
in 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 determines
is a direct tangible and legitimate public interest.
(b) The birth record of an adopted child remains subject to the
confidentiality provisions of IC 31-19 regarding the release of
adoption 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 of
eight dollars ($8) for each search of the records in the division of
vital records. If the requested record is found, one (1) certification of
the record will be issued without charge. Additional certifications of
the same record will be issued at that time for an additional fee of
four dollars ($4) for each record.
(b) The state department shall charge and collect an additional fee
of eight dollars ($8) for any amendment to a record previously filed
with the division of vital records.
(c) Verification without charge will be issued to an agency of
local, state, or federal government upon written request by the
agency. 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 department
under section 11 of this chapter for a search of the records in the
division of vital records, the state department shall charge a birth
problems registry fee of two dollars ($2) for each search of the
records for a birth certificate. The fees collected under this section
shall be deposited in the birth problems registry fund established by
IC 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 sell
heirloom birth certificates.
(b) An heirloom birth certificate must:
(1) contain the same information as a birth certificate issued
under IC 16-37-2-9;
(2) be specially designed for framing and display;
(3) contain a background design, an emblem, or colors that
designate the birth certificate as an heirloom birth certificate;
and
(4) contain any other information that the department considers
necessary.
(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 department
to offset the cost of the heirloom birth certificate.
(2) Twenty-three dollars ($23) must be deposited in the infant
mortality 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 local
health officer or to the state registrar for a certified copy of a
birth certificate;
(2) makes a false or fraudulent statement in applying to the state
registrar for permission to inspect public birth records held by
the state registrar;
(3) alters, counterfeits, or mutilates a certified copy of a birth
certificate issued by a local health officer or by the state
registrar; or
(4) uses an altered, a counterfeit, or a mutilated certified copy
of 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 who
recklessly violates or fails to comply with this chapter commits a
Class B misdemeanor.
(b) Each day a violation continues constitutes a separate offense. As added by P.L.2-1993, SEC.20.
