To protect the integrity of vital records:
The State Registrar and other custodians
of vital records shall not permit inspection of, or disclose information
contained in vital statistics records, or copy or issue a copy of all or part
of any such record, unless the applicant has a direct and tangible interest in
such record. In addition to the definition of direct, tangible, and legitimate
interest as defined in Section
those who may or may not have a direct and tangible interest are as follows:
(a) The registrant, a member of the immediate
family, the guardian, or a designated legal representative shall be considered
to have a direct and tangible interest. Others may demonstrate a direct and
tangible interest when information is needed for determination or protection of
a personal or property right.
The natural parents of adopted children, when neither has custody, shall not be
considered to have a direct and tangible interest.
(c) Commercial firms or agencies requesting
listings of names and addresses shall not be considered to have a direct and
The State Registrar may provide copies of certificates or disclose data from
vital statistics records to federal, state, county, or municipal agencies of
government requesting such data in the conduct of their official duties.
Certificate copies or individual identifiable information may not be given by
the receiving government agency to other agencies or individuals, or used for
purposes not authorized at the time of the request.
(3) The State Registrar or local custodian
shall not issue a certified copy of a record until an online or signed paper
application has been received from the applicant.
When determining whether a genealogist
under Subsection 26-2-22 (1)(a) has demonstrated a direct, legitimate, and
tangible interest in a record, the custodian of vital records may consider
various relevant factors including the following:
(a) the genealogist shares a common ancestor
with the subject of the vital record, the subject is deceased, and the subject
has no living immediate family;
the genealogist's stated interest in the vital record;
(c) inability to find information sought in
the vital record from other sources; or
(d) the genealogist can provide a written
contract for professional genealogical services on behalf of the subject or the
subject's immediate family members.
(5) Nothing in this rule shall be construed
to permit disclosure of information contained in the "Information for Medical
and Health Use Only" section of the birth and fetal death certificates or the
"Information for Statistical Purposes Only" section of the Certificate of
Marriage or Certificate of Divorce, Dissolution of Marriage, or Annulment
unless specifically authorized by the State Registrar for statistical or
research purposes or if authorized by a court of competent