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(1) Anyone who submits a completed state or county application may obtain a certified copy of a death certificate. If a death certificate lists the cause of death as "pending autopsy" a certified copy may not be issued.

(2) The following people may obtain a certified copy of a birth record:

(a) a registrant, upon establishing their identity to the satisfaction of the certifying official;

(b) a spouse, child or parent of a registrant to whom the requested record pertains, upon establishing their identity and relationship to the registrant to the satisfaction of the certifying official;

(c) an individual having legal guardianship of the registrant, upon submitting a copy of a legal document showing establishment of the guardianship;

(d) an individual who needs a certified copy to protect their personal or property rights, upon submitting a notarized or certified document that states that the applicant is required to obtain a certified copy in order to protect the applicant's personal or property rights; or

(e) an authorized representative of the registrant, or an authorized representative of the spouse, child, parent or legal guardian of a registrant, upon establishing their identity to the satisfaction of the certifying official.

(3) The following may not receive a copy, certified or uncertified, of a registrant's birth records:

(a) a former spouse whose marriage to the registrant was terminated through divorce, annulment or invalidation and who has subsequently remarried; or

(b) a natural parent of an adopted child when the parent does not have custody of that child.

(4) Anyone who requests a birth certificate of an individual who was born 30 years or more earlier will be issued a non-certified copy of the certificate.

(5) A clerk of the district court may issue a certified copy of a marriage or marital termination record to anyone listed in (2) after receiving a completed application for the record and establishing the identity of the requestor and the requestor's relationship to the registrants.

(6) A certifying official may not file, issue or certify a copy of a vital record from another state or country.

(7) Unless authorized by the department, a county certifying official may not provide a copy, certified or otherwise, of a birth certificate in the official's custody to another county's certifying official for filing.

History: Sec. 50-15-103, 50-15-113 and 50-15-122, MCA; IMP, Sec. 50-15-103, 50-15-113, 50-15-121 and 50-15-122, MCA; NEW, 1983 MAR p. 1351, Eff. 9/30/83; TRANS, from DHES, 1997 MAR p. 1460; AMD, 2000 MAR p. 1653, Eff. 6/30/00; AMD, 2002 MAR p. 397, Eff. 2/15/02; AMD, 2003 MAR p. 2441, Eff. 10/31/03.

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