Md. Code Regs. 10.03.01.08 - Inspection of Records and Disclosure of Information
A. On request, for birth, death, and marriage
records only, the Secretary may disclose data or issue certified copies of
vital records, original certificates, or information when satisfied that the
applicant has a direct and tangible interest in the content of the record. For
divorce records, the Secretary may only verify data or issue information when
satisfied that the applicant has a direct and tangible interest in the content
of the record.
B. Evidence of
Direct or Tangible Interest.
(1) In the case
of birth records, a direct and tangible interest shall be evidenced by a
request from:
(a) The subject of the vital
record;
(b) A parent named on the
birth certificate;
(c) The subject
of the vital record's legal guardian;
(d) The surviving spouse of the subject of
the vital record;
(e) An authorized
representative of the subject of the vital record;
(f) A confidential intermediary authorized by
the Director of the Social Services Administration of the Department of Human
Resources in accordance with Family Law Article, Title 5, Subtitle 3A or 4B,
Annotated Code of Maryland;
(g) The
Director of the Social Services Administration of the Department of Human
Resources in accordance with Family Law Article, Title 5, Subtitle 3A or 4B,
Annotated Code of Maryland;
(h) An
adoptee 21 years old or older who requests a copy of the adoptee's original
certificate of birth, if the adoption was ordered by the court on or after
January 1, 2000; or
(i) A
biological parent of an adoptee 21 years old or older who requests a copy of
the adoptee's original certificate of birth, if the adoption was ordered by the
court on or after January 1, 2000.
(2) In the case of death or fetal death
records, a direct and tangible interest shall be evidenced by a request from:
(a) Surviving relatives;
(b) An authorized representative;
(c) A person who is a beneficiary of the
deceased;
(d) An individual who
wishes to establish an estate in the name of the deceased;
(e) A person who paid to the deceased while
the deceased was alive or who has paid to or is trying to pay to the deceased's
beneficiaries insurance benefits, pension benefits, welfare benefits, or other
benefits;
(f) A person who
demonstrates to the Secretary that the individual is trying to carry out a
legal duty that was the responsibility of the deceased;
(g) A person who presents a subpoena that
commands that a copy of the record be produced, if the subpoena is issued by:
(i) A court,
(ii) An administrative body empowered by
statute to issue a subpoena, or
(iii) A person empowered by statute to issue
a subpoena;
(h) A person
who is a party or who represents a party in litigation in which there is an
issue as to whether the subject of the record is deceased;
(i) A person who needs to prove that a
beneficiary who is the subject of the record is deceased;
(j) A person who needs to prove that the
subject of the record is deceased so that a piece of property may be
transferred with a clear title;
(k)
A person who is a creditor of the deceased;
(l) A government official who provides
documentation satisfactory to the Secretary that a requested death certificate
is required in order to carry out the duties or functions of the official's
office; or
(m) A hospital official
who requests information pertaining to a patient whose cancer diagnosis was
reported by the official's hospital to the Maryland Cancer Registry.
(3) In the case of marriage
records, the direct and tangible interest shall be evidenced by a request from:
(a) The married parties; or
(b) An authorized representative.
(4) In the case of information
regarding divorce, a direct and tangible interest shall be evidenced by a
request from:
(a) The divorced parties;
or
(b) An authorized
representative.
C. Birth Records in Cases of Adoption
Involving a Confidential Intermediary.
(1) A
confidential intermediary may apply to the Secretary for:
(a) The original certificate of birth and any
records that relate to the new certificate of birth of an adopted
individual;
(b) The new certificate
of birth that was substituted for the original certificate of birth of an
adopted individual under Health-General Article, §
4-211,
Annotated Code of Maryland; and
(c)
The report of the decree or judgment of adoption filed by the clerk of the
court under Health-General Article, §
4-211,
Annotated Code of Maryland.
(2) To apply for a copy of a record listed in
§C(1) of this regulation, a confidential intermediary shall submit to the
Secretary:
(a) A written application, as
required by the Secretary; and
(b)
A written statement signed by the Director of Social Services or the Adoption
Program Manager of the Department of Human Resources and witnessed by a notary
public that authorizes the confidential intermediary to obtain a copy of the
requested record.
(3) If
a confidential intermediary complies with the requirements set forth at §C(2)
of this regulation, the Secretary shall give a copy of a requested record that
is on file with the Secretary to the confidential intermediary.
D. Birth Records for Adoptions
Finalized on or after January 1, 2000.
(1)
This section of this regulation:
(a) Applies
only to adoptions finalized on or after January 1, 2000; and
(b) Does not bar:
(i) An adoptee or biological parent from
applying for search, contact, and reunion services under Family Law Article,
Title 5, Subtitle 4B, Annotated Code of Maryland; or
(ii) The Director of Social Services of the
Maryland Department of Human Resources or a confidential intermediary from
obtaining a copy of a record under Family Law Article, § 5-4 B-04(c) or
5-4B-06(b) or (c), Annotated Code of Maryland.
(2) An adoptee 21 years old or older may
apply to the Secretary for:
(a) An uncertified
copy of the adoptee's original certificate of birth;
(b) A copy of records that relate to the
adoptee's new certificate of birth, if any; and
(c) A copy of the report of the adoptee's
order of adoption filed by the clerk of the court under Health-General Article,
§
4-211,
Annotated Code of Maryland.
(3) If an adoptee is 21 years old or older, a
biological parent of the adoptee may apply to the Secretary for:
(a) An uncertified copy of the adoptee's
original certificate of birth;
(b)
A certified copy of the new certificate of birth, if any, that was substituted,
under Health-General Article, §
4-211,
Annotated Code of Maryland, for the adoptee's original certificate of
birth;
(c) A copy of all records
that relate to the adoptee's new certificate of birth; and
(d) A copy of the report of the adoptee's
order of adoption filed by the clerk of the court under Health-General Article,
§
4-211,
Annotated Code of Maryland.
(4) The Secretary shall inform an applicant
applying for a record as set forth in §D of this regulation of the availability
of adoption search, contact, and reunion services, as set forth in Family Law
Article, Title 5, Subtitle 4B, Annotated Code of Maryland.
(5) A person applying for a record under
§C(1) and (2) of this regulation shall apply in writing on a form as required
by the Secretary and shall submit the form with the individual's signature
witnessed by a notary public.
(6)
The Secretary shall give a copy of the requested record that is on file with
the Secretary to the applicant, subject to the restrictions set forth at §E of
this regulation.
E.
Disclosure Vetoes.
In the case of adoptions finalized on or after January 1, 2000, a biological parent of an adoptee or an adoptee 21 years old or older may:
(1) File with the Director of the
Social Services Administration of the Maryland Department of Human Resources a
disclosure veto to bar disclosure of any information concerning the individual
filing the disclosure veto in a record accessible under §D of this
regulation;
(2) Cancel a disclosure
veto at any time; and
(3) Refile a
disclosure veto at any time.
F. Birth certificate information may not be
disclosed if the information is to be used for commercial solicitation or
private gain.
G. Duties of the
Secretary of Health and Mental Hygiene.
(1)
Subject to §G(3) and (4) of this regulation, the Secretary shall give to an
applicant who meets the requirements of §D of this regulation a copy of each
record that the applicant requests and that the Secretary has on
file.
(2) When a biological parent
applies for a record, the Secretary shall remove from the copy all information
as to:
(a) The other biological parent, if
that parent has filed a disclosure veto in accordance with §E of this
regulation; and
(b) The adoptee and
each adoptive parent, if the adoptee has filed a disclosure veto in accordance
with §E of this regulation.
(3) When an adoptee applies for a copy of a
record, the Secretary shall remove from the copy of the record to be given to
the adoptee all information as to the biological parent, if the biological
parent has filed a disclosure veto in accordance with §E of this
regulation.
(4) The Secretary shall
give the applicant for a birth record under §§C and D of this regulation:
(a) An uncertified copy of the birth
certificate, if a birth certificate is requested; and
(b) A copy of a notice of the adoption
search, contact, and reunion services available under Family Law Article, Title
5, Subtitle 4B, Annotated Code of Maryland.
H. Identification of Applicant Data. An
applicant who applies for a vital record shall submit:
(1) A completed and signed application form,
as provided by the Department; and
(2) If applying in person, the original of,
and if applying by mail, a copy of, proof of identify in the form of:
(a) One of the following valid, unexpired,
government-issued documents that includes an expiration date:
(i) Driver's license;
(ii) Nondriver photo identification card;
or
(iii) Passport;
(b) A signed statement that the
applicant does not have one of the identification documents set forth in
§H(2)(a) of this regulation and, in addition to the signed statement, two of
the following documents or copies of the following documents that contain the
applicant's name and current address:
(i)
Utility bill;
(ii) Car registration
form;
(iii) Pay stub;
(iv) Bank statement;
(v) Income tax return;
(vi) Income tax W-2 form;
(vii) Lease or rental agreement; or
(viii) Letter from a government agency
requesting a copy of a vital record; or
(c) A signed statement that the applicant
does not have the identification documents set forth in §H(2)(a) and (b) of
this regulation and, in addition to the signed statement, a document other than
the ones set forth in §H(2)(a) and (b) of this regulation that allows the
Secretary to corroborate the identity of the applicant.
I. Fees Collected by the
Department.
(1) The Department shall collect a
$12 fee when the Department:
(a) Issues a
certified or abridged copy of a:
(i) Death
certificate provided concurrently with an initial requested death
certificate;
(ii) Fetal death
certificate;
(iii) Marriage
certificate;
(iv) Verification of
divorce certificate;
(v)
Certificate of foreign birth; or
(vi) Certificate of birth resulting in
stillbirth; or
(b)
Issues a report that a search of the fetal death, marriage, or divorce files
was made and a requested record is not on file;
(c) Makes an amendment to a fetal death or
marriage certificate pursuant to a request made more than 1 year after the
certificate was registered with the Department; or
(d) Processes an adoption, foreign adoption,
or legitimation.
(2) The
Department shall collect a $10 fee when the Department:
(a) Issues a certified or abridged copy of:
(i) A birth certificate; or
(ii) The first copy of a death certificate
issued in a single transaction;
(b) Issues a report that a search of the
birth or death certificate files was made and a requested record is not on
file; or
(c) Makes an amendment to
a birth or death certificate pursuant to a request made more than 1 year after
the certificate was registered with the Department.
J. Fees Collected by Local Health
Departments.
(1) A local health department
that issues birth certificates shall set and collect a fee for processing and
issuing:
(a) A birth certificate; or
(b) A report that a search of the files was
made and the requested record is not on file.
(2) From the fee collected for providing a
certificate or report under §J(1) of this regulation, the local health
department shall transfer $10 to the General Fund of the State.
K. Verification Requests. A
federal, State, county, municipal government agency, or an accredited private
social or welfare agency entitled to access to vital records may be charged a
fee for verification of the data in this regulation.
L. Certified Copies. Copies of records shall
be only from original records on file with the Secretary. When a certified copy
is issued, each certification shall contain:
(1) A statement that it is a true copy of a
record on file with the Secretary;
(2) The date issued;
(3) The registrar's signature; and
(4) The seal of the Secretary.
M. Reproduction of Certificates
Permitted. A person or agency may photocopy a certified copy of a birth, death,
fetal death, or marriage certificate for any nonfraudulent and nondeceptive
purpose.
N. Statistical or Research
Use of Vital Records Data. The Secretary may permit use of data on vital
records for statistical or research purposes, subject to conditions the
Secretary may impose to ensure that the use of the data is limited to the
purposes in this section.
Notes
Regulations .08 adopted effective November 30, 1987 (14:24 Md. R. 2555); amended effective 43:17 Md. R. 953, eff.
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