Subpart 1.
Application; birth or death record.
An application for a certified birth or death record must be
made on a form prescribed by a registrar or contain the information required in
this part. An application must be made to a registrar and accompanied by the
required fee and documentation. If the applicant is alleging to have tangible
interest because a certified birth or death record is necessary for the
protection or determination of a personal or property right, the applicant must
apply for issuance of a certified birth or death record to the state registrar
and provide supporting documentation. The state registrar must evaluate the
application according to the criteria described in subpart 12.
Subp. 2.
Registrant
information.
A. To request a certified
birth record, the applicant must provide the following information about the
registrant:
(1) first name, middle name, and
last name;
(2) sex;
(3) date of birth;
(4) county of birth;
(5) mother's first name, middle name, and
maiden surname; and
(6) father's
first name, middle name, and last name.
B. To request a certified death record, the
applicant must provide the following information about the registrant:
(1) first name, middle name, and last
name;
(2) county of death;
and
(3) date of death.
C. A registrar may accept
estimates of or waive a requirement listed in items A and B if:
(1) the applicant does not have exact
knowledge of the information; and
(2) the applicant has provided sufficient
information for the registrar to locate the record.
Subp. 3.
Applicant
information.
A. To request a certified
birth or death record, the applicant must provide the following information
about the applicant:
(1) first name, middle
name, and last name;
(2) home or
business address;
(3) telephone
number;
(4) date of
birth;
(5) signature of the
applicant;
(6) date the application
is signed; and
(7) a statement of
the relationship of the applicant to the registrant demonstrating tangible
interest according to Minnesota Statutes, section
144.225,
subdivision 7.
B. A
registrar may waive the requirement for a telephone number under item A,
subitem (3), if the applicant states that the applicant does not have a
business or home telephone. The registrar may waive the requirement for the
middle name under item A, subitem (1), if the applicant states that the
applicant does not have a middle name.
Subp. 4.
Application form; statutory
authority.
A registrar must provide an application form or instructions
accompanying an application form that includes the statutory authority for
collecting the application information, the consequences for not providing the
information, and the penalty for providing false information.
Subp. 5.
Identification
required.
An applicant must provide a completed application as
described in subparts 1 to 3 and, except as noted in subpart 6, provide
documentation of identity as follows in items A and B.
A. For an application made in person, the
applicant must provide a document of identity that readily identifies the
applicant. To be accepted by a registrar, the document of identity must include
the applicant's signature and photograph or physical description and the
registrar must be able to authenticate the document with the issuing entity. If
a normally acceptable document of identity was issued so long ago that the
registrar determines that it no longer readily identifies the applicant, an
applicant must provide a document of identity that was issued more recently. A
document of identity that has been altered or changed in any way is not
acceptable.
B. For an application
not made in person, the application must be notarized according to Minnesota
Statutes, sections
358.41 to
358.50.
Subp. 6.
Acceptable
identification not available.
If an applicant does not have an acceptable document of
identity or if an applicant provides a signed statement that no document of
identity is available, to obtain the certified birth or death record, the
applicant must have a witness attest to the applicant's identity. The witness
must:
A. have known the applicant for
at least two years;
B. complete a
statement to identify as described in subpart 7; and
C. accompany the applicant, sign the
statement to identify in the presence of a registrar, and present an acceptable
document of identity according to subpart 5, item A, and either subpart 8 or 9.
If a witness cannot accompany an applicant to a registrar's office, the
witness' signature must be notarized on a statement to identify according to
subpart 7.
Subp. 7.
Statement to identify.
A. A
completed statement to identify must include the following information about
the witness:
(1) first name, middle name, and
last name;
(2) home or business
address;
(3) telephone
number;
(4) date of
birth;
(5) number of years the
witness has known the applicant;
(6) relationship of the witness to the
applicant or the basis for the witness' knowledge of the applicant;
(7) signature of the witness;
(8) date the statement to identify is signed
by the witness; and
(9) a sentence
relating the statement to identify to a specific application for a certified
birth or death record. If the completed statement to identify is included as
part of a completed application form provided by a registrar, no sentence is
required.
B. A registrar
may waive the requirement for a telephone number under item A, subitem (3), if
the witness states that the witness does not have a business or home telephone.
The registrar may waive the requirement for the middle name under item A,
subitem (1), if the witness states that the witness does not have a middle
name.
Subp. 8.
Acceptable document of identity.
A registrar must accept a document listed in items A to I as
meeting the requirements of subpart 5, unless the registrar determines that the
document was issued too long ago to readily identify the applicant or witness,
the document has been altered or changed, or there is evidence of fraud on the
face of the document. Acceptable documents include:
A. an unexpired picture driver's license
issued according to Minnesota Statutes, section
171.07,
or according to the laws of another state or territory of the United States. A
temporary driver's license or learner's permit is not acceptable;
B. an unexpired state picture identification
card issued according to Minnesota Statutes, section
171.07,
or according to the laws of another state or territory of the United
States;
C. an unexpired federal,
state, or local government employee picture identification card issued by a
government entity located in the United States;
D. an unexpired aircraft pilot's license
issued by the United States Department of Transportation, Federal Aviation
Administration;
E. an unexpired
United States military picture identification card;
F. an unexpired United States
passport;
G. for an applicant who
is not a registrant, an unexpired Canadian passport;
H. for an applicant who is not a registrant,
an unexpired passport from another jurisdiction with:
(1) a United States Citizenship and
Immigration Services, arrival and departure form I-94 attached, bearing the
same name as that on the passport and containing an unexpired endorsement of
the alien's nonimmigrant status; or
(2) an unexpired I-551 stamp; or
I. for an applicant who is not a
registrant, one of the following documents issued by the United States
Department of Justice, United States Citizenship and Immigration Services, or a
subsequent form or version of a document specified in this item:
(1) a naturalization certificate form (form
N-550 or N-570);
(2) a certificate
of citizenship (form N-560 or N-561);
(3) a United States citizen identification
card (form I-179 or I-197);
(4) a
valid permanent resident or resident alien card (form I-551 or
I-151);
(5) a Northern Mariana card
(form I-873 with "Northern Mariana" imprinted instead of resident
alien);
(6) an American Indian card
(form I-872 with "American Indian" imprinted instead of resident
alien);
(7) an unexpired employment
authorization document with a photograph (form I-688, I-688A, I-688B, or
I-766); or
(8) an unexpired reentry
permit/refugee travel document (form I-571).
Subp. 9.
Documents acceptable with
discretion.
A. A registrar may accept a
document not listed in subpart 8 if the registrar determines that the document
meets the requirements of subpart 5.
B. A registrar may accept one of the
following documents as a document of identity if the document is known to be
reliable and valid in the county where the application for a certified birth or
death record is made and if the document meets the requirements for an
acceptable document of identity described in subpart 5:
(1) a business or industrial identification
card or pass; or
(2) a school or
college identification card.
Subp. 10.
Delay to authenticate.
A registrar may delay issuance of a certified birth or death
record if the registrar needs more time to authenticate a document of identity
with the entity who issued the document of identity.
Subp. 11.
Refusal to issue.
A registrar must refuse to issue a certified birth or death
record if the applicant fails to meet the requirements of this part.
Subp. 12.
Personal or
property right criteria.
A. To
determine whether a certified birth or death record is necessary for the
protection or determination of a personal or property right, the state
registrar must consider:
(1) the extent and
type of documentation presented;
(2) the ability of the state registrar to
authenticate the documentation presented;
(3) if issuing a certified birth or death
record is prohibited by law;
(4)
evidence of fraud or the intent to commit fraud;
(5) the impact of the issuance on the use of
a certified birth or death record as a legal document; and
(6) the ability of the applicant to protect
or determine a personal or property right without a certified birth or death
record.
B. If the state
registrar determines that the supporting documentation is sufficient to
demonstrate tangible interest, the state registrar must issue the certified
birth or death record. If the state registrar determines that the supporting
documentation is not sufficient to demonstrate tangible interest, the state
registrar must notify the applicant of the option to seek a court order to
direct the state registrar to issue a certified birth or death
record.
