(1) Copies of vital records maintained by the
Office of Vital Records, and information contained in such vital records, shall
not be disclosed except as permitted by:
(a)
Chapter 10 of Title 31;
(b) Code
Section
19-7-46.1;
(c) the rules of the Department; or
(d) as directed by court order.
A vital record shall not be disclosed pursuant to subpoena or
civil discovery request unless the requesting party demonstrates its right to
the record under this Rule.
(2) For purposes of this Rule, the term
certified copy means a copy of a vital record printed on colored stock and
bearing the raised seal of the State Registrar. A person entitled to have a
plain paper copy of a vital record may request that the copy be certified in
accordance with Code Sections
24-9-920 and
24-8-803(9).
(3) A certified copy of a birth certificate
may be issued only to the following persons or their legal representatives:
(a) The person whose birth is recorded on the
certificate;
(b) A parent of such
person, except as provided in subsection (4) below;
(c) A grandparent of such person;
(d) An adult brother or sister of such
person;
(e) An adult child of such
person;
(f) The living legal spouse
of such person;
(g) A person who
has been appointed, or who has applied in good faith to become, a legal
guardian of such person; or
(h) A
person who demonstrates that a certified copy of the birth certificate is
needed to establish a legal right or claim.
A plain paper copy of a birth certificate may be issued only
to a person entitled to receive a certified copy; provided, however, that if
the birth occurred more than one hundred years before the date of request, a
plain paper copy may be provided to any person. Further, a plain paper copy of
the birth certificate of a deceased registrant may be issued to any person, so
long as the fact of the registrant's death can be verified and the copy is
clearly marked "deceased" in large letters on the face of the birth
certificate.
(4)
A natural parent of an adopted child with no legal right to custody may not
have access to the child's birth records except upon court order.
(5) A certified copy of a death or
spontaneous fetal death certificate may be issued only to the following persons
or their legal representatives:
(a) A child,
parent, legal living spouse, or other next of kin of the decedent;
(b) A person who has been appointed, or who
has applied in good faith to become, the executor or administrator of the
decedent's estate; or
(c) A person
who demonstrates that a certified copy of the death certificate is needed to
establish a legal right or claim.
A plain paper copy of a death certificate may be issued to
any person; provided, however, that the decedent's Social Security number shall
be redacted. Upon request, the cause of death may be omitted from either a
certified copy or a plain paper copy of a death certificate.
(6) A certified copy of a
voluntary acknowledgment of paternity, or a certified copy of a voluntary
acknowledgment of legitimation executed prior to 1 July 2016, may be issued
only to the following persons or their legal representatives:
(a) Either of the persons who signed the
acknowledgment;
(b) The person
whose paternity or legitimation was acknowledged, if she or she is as least 18
years of age;
(c) A person who has
been appointed, or who has applied in good faith to become, a legal guardian or
custodian of the person whose paternity or legitimation was
acknowledged;
(d) A living legal
spouse or next of kin of the person whose paternity or legitimation was
acknowledged;
(e) An attorney who
demonstrates that the certificate is needed for purposes of legal investigation
on behalf of a client; or
(f) A
licensed child-placing agency that demonstrates that the certificate is needed
for official purposes.
A plain paper copy of a voluntary acknowledgement of
paternity, or a voluntary acknowledgement of legitimation executed prior to 1
July 2016, may be issued only to a person entitled to receive a certified
copy.
(7) The
State Registrar, in his or her reasonable discretion, may disclose information
from Vital Records for statistical or research purposes, subject to such
conditions as the State Registrar may impose, including without limitation a
written agreement to maintain the confidentiality of the information so
disclosed.
(8) The State Registrar
may provide copies of or disclose information from Vital Records to authorized
representatives of Federal, State or County agencies who request such data in
the conduct of their official duties.
(9) The State Registrar or local custodian
shall not issue a copy of a vital record, or information contained in vital
records, until a signed application has been received with the appropriate fee.
To determine an applicant's right to information from a vital record, the State
Registrar or local registrar may request additional information from the
applicant, including without limitation proof of the applicant's identity or a
sworn statement.
(10) Information
contained in the "Information for Medical and Health Use Only" section on a
birth certificate or spontaneous fetal death certificate, or the "Information
for Statistical Purpose Only" section of the certificate of marriage or report
of divorce, dissolution of marriage, or annulment, shall not be disclosed
unless specifically authorized by the State Registrar for statistical or
research purposes or upon court order.
Notes
Ga. Comp. R. & Regs. R. 511-1-3-.33
O.C.G.A. ยงยง
31-2A-6, 31-10-3, 31-10-25, 31-10-26;
2007 Op. Att'y Gen. No. 2007-4.
Original
Rule entitled "Disclosure of Records" adopted. F. Sep. 20, 2013; eff.
Oct. 10,
2013.
Amended: New title "Disclosure of Vital Records and
Information." F. Oct. 19, 2018; eff.
Nov. 11, 2018, as
specified by the Agency.
Amended: F. Sep. 6,
2019; eff. Oct. 7,
2019, as specified by the
Agency.
