Question and Response Guide to Issuing Certified Copies of Vital Records

Transcription

1 February 28, 2011 Question and Response Guide to Issuing Certified Copies of Vital Records Who may receive certified copies of vital record? State law only allows a certified copy of a vital record to be issued to a person with a direct and tangible interest in the record. The registrant, a member of his/her family, his/her guardian or one of their official representatives shall be considered to have a direct and tangible interest and may be issued a certified copy of a vital record. An applicant may apply to obtain a certified copy of a vital record in person, by mail or on-line. The applicant must submit a signed request, state their relationship and purpose for the copy, and present identification. Immediate family members are qualified to receive copies of birth certificates. Immediate family members shall include those family members and in-laws in the direct line of descent up to, but not including cousins. Official representatives shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the registrant or his/her family. Funeral directors may act as an official representative to obtain copies of death records only. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of personal or property rights. (An example of direct and tangible interest would be if a car title needed to be changed over to a person buying the car and the owner is deceased. The buyer would be qualified to receive a copy of the owner s death certificate.) Q. Would we need to have people we have known our whole life show identification? A. Everyone must present identification. When one person is asked to present identification, the next person must present identification. Q. Is this demonstration merely stated? What proof would we require? A. The demonstration must be stated in writing indicating the purpose for the record. Proof may include a bill of sale or some other documentation indicating need for the record. Q. What about the mother that wants a birth record for her child and she comes in without the child and has no picture of the child with her? Or, the mother that comes in and wants a birth record of her child that is now living in another state? A. Identification is for the applicant (person making request) not the person listed on the record Page 1

2 An authorized agent acting in behalf of the registrant or his/her immediate family who is qualified to receive the vital record must demonstrate a link between themselves and the person listed in the vital record that is qualified to authorize release of the record. (An example would be an attorney that has documentation indicating they represent the immediate family member.) Authorized agents include: An attorney Q. Would an attorney qualify if they represent an estate? A. Yes. Q. What would the LPHA expect to see? A. An attorney would have some documentation indicating they have been retained, a bar card and a picture id. A physician All family members Genealogists (This refers to a person that is not a professional company but is doing research of their own family history and offers to assist a friend in researching the friend s family history.) Genealogists and professionally recognized genealogists should be referred to state BVR for assistance since their intent would be to obtain an exact duplicate of an original document that provides more information. Q. Is this to say we are not to provide a BC/DC if requested? A. If the purpose is for genealogy, please refer the request to the state for issuance of an exact duplicate of the original. Q. Should explanation be provided to the customer that short forms have less information than if they requested a long form from the state? A. You may explain this to the customer, but be prepared for the questions that ask what information is on each record type. Professionally recognized genealogists are qualified to receive copies of death certificates. (This refers to a recognized professional company that can be verified if necessary.) See Special Identification Requirements below. Q. I take this to mean locals do not provide certs but only refer to the state? A. See the answer above. A guardian may receive a copy of a birth record but must show guardianship papers. Q. Must guardianship papers be notarized? A. Legal guardianship is granted by the courts. The papers issued will be certified by the courts, typically with a seal or court emblem and clerk signature Page 2

3 Foster parents may receive a copy of a birth record of a child upon furnishing a copy of their custody papers. A stepparent may only receive copies of a legitimate birth record. Q. What is a legitimate birth record? A. When the parents of a child are married to each other or both parents have acknowledged paternity that includes father s information on the birth record. Q. Are step-parents okay as long as it is a step-mom married to a dad who is listed, or step-dad who is married to a mom who is listed? A. A step-parent can be either spouse who is married to the parent listed on the record. An alleged father may receive a copy of a birth record if he is shown as the father on that child s birth record. If the alleged father is not shown on that child s birth record, but has legal proof of custody (court papers, guardianship papers, notarized or certified power of attorney document from the mother or her legal representative that states he may receive copies on behalf of the mother) he would be qualified to receive copies of that child s birth record. Family members of an alleged father may not receive copies a child s birth certificate unless he is shown on that child s birth certificate. In which case, they must be a member of the alleged father s immediate family and must demonstrate a link to the alleged father. An other authorized agent shall produce a signed notarized statement by the registrant or a member of his/her family authorizing the release of the record. (An example would be that a mother may write a signed notarized statement authorizing a neighbor to request and receive a record for her child if the mother is unable to make the request for herself.) An applicant may apply to obtain a certified copy of a vital record in person, by mail or on-line. The applicant must submit a signed application or request and identity documents. Identity documents are those that have been issued by the federal, state, or local government, a school, place of employment, etc. See below for list of acceptable forms of identification. Vital Records staff must review the identity document(s) provided by the applicant to determine that the applicant is qualified to receive a vital record. A credit card will be required for payment when requesting on-line. Q. Will all locals have to accept CC? A. If CC means credit card, whatever method of payment your agency accepts Page 3

4 Documents Required to Obtain Certified Copies of Vital Records Requesting certified copies in person Signed application or request One issued identity document that displays a name and or signature and picture. OR Two alternate forms of identification. At least two alternate forms of identification documents must be used if applicant does not have a picture identification card. See Alternate Forms of Identification Documents below. Requesting certified copies by mail Signed application or request which must be notarized by a notary public. Q. If requested through mail and submitted a notarized application, no further ID is required? I receive application with (1) copy of photo ID or (2) copies of alternate ID is that acceptable in lieu of notarized application? A. Only a notarized request is acceptable by mail. Q. I understand that we must start requiring notarization before we can issue a certificate (only through mail) and not use the form from the state? A. All requests that are received by mail must be notarized. This includes applications or written requests that have the required information needed to obtain a vital record. Requesting certified copies on-line Local agencies that contract with a vendor system and/or have or may develop a system to accept requests on line must verify applicant s eligibility by an approved method consistent with state requirements. Personal knowledge based questions developed for or by the vendor can be independently verified from public administrative records. Verification shall be performed by vendor before applicant would be determined qualified to receive a vital record. An example of a question might be What was your street address when you were in high school? Q. When applicants request documents on-line how will they show ID? A. Please review the above statement carefully. On-line the questionnaire would be sufficient Page 4

5 Acceptable Documentation for Identification Primary Documents (One document is required) A state issued driver s license that includes a photograph, date of birth Q. Does it matter if a driver s license is expired? A. No, but you must use discretion when accepting expired documents. The driver s license should not be expired more than 10 years. A state issued identification card that includes a photograph, date of birth A current U.S. military identification card that includes a photograph Q. How can you tell if it is current? A. Please use discretion (belonging to the present). A U.S. passport with current photograph Q. Does this mean not expired? A. Please use discretion (If it is expired, it will not be current). A current school identification card/document showing applicant s name, photograph, and date of school year Work identification card that includes the applicant s name, photograph, and company name Alternate forms of Identification Documents (At least two alternate forms of identification documents must be used if applicant does not have a picture identification card when applying in person) Alternate documents must display name of applicant, may display date of birth, date of issuance (or year), must display institution, company or organization/agency name. Letter from government or social agencies Q. What if foster parents had a placement letter from Social Services? A. The placement letter from Social Services tells me that they have legal custody. Otherwise they would not have authority to place the child. School yearbook A W-2 form issued within last year in addition to a signed Social Security card (social security numbers must match) Social Security card or Social Security numident printout (print out of an applicant s Social Security account of activities) Court certified adoption papers that includes adopted parent(s) name Official certified deeds or title to property Certificate of vehicle title or registration documents Proof of auto insurance Insurance policy (health, home, life, etc.) Medicaid/Medicare document or identification card A payroll stub that includes a Social Security number of applicant (cannot be handwritten stubs) Page 5

6 Military discharge document (DD-214) Cancelled duplicate check (must show name, address, signature, and name of institution) Q. Not sure of cancelled part of this. Is this something that has gone thru the bank and back to the person? A. Yes, if it has not gone through the bank, it would not be considered cancelled and is not acceptable. Utility bills which shows name and address of applicant (water, gas, electric, telephone) Shelter name band (including name of shelter) Special Identification Requirements Other individuals qualified to receive a record such as a sibling, grandparent, grandchild, guardian, foster parent, aunt, uncle, may request a vital record for a qualified individual that does not have identification. The other qualified individual must show their identification. However, they must also be able to demonstrate a link to the person listed on the vital record. Q. This would be by stating the relationship, correct? A. Yes, in writing If the vital event occurred in Missouri the other qualified individual that makes the request may provide information to vital records staff to locate the record that would demonstrate the link. (An example would be siblings might have same parents.) Representatives of heir-tracing companies establishing personal or property rights and reporters for newspaper, radio, television or other news media when investigating news stories are allowed access to vital records subject to restrictions outlined in Section , RSMo These representatives and reporters shall provide proper identification and state in writing the proposed use of the requested record. These representatives should be referred to state BVR for assistance since their intent would be to obtain an exact duplicate of an original document that provides more information Page 6

7 Acts which constitute crimes Section Any person who knowingly makes any false statement in a certificate, record, or report required by sections to or in an application for a certified copy of a vital record..shall be guilty of a class D felony Any person who without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record or report required by sections.certified copy of such certificate, record, or report shall be guilty of a class D felony Any person who knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record or report required by sections or certified copy thereof so made, or which is false in whole or in part or which relates to the birth of another person whether living or deceased, shall be guilty of a class D felony Any employee of the department or involved with the system of vital statistics who knowingly furnishes or processes a certificate of birth, or a certified copy of birth, with the knowledge or intention that it be used for the purposes of deception shall be guilty of a class D felony Any person who without lawful authority possesses any certificate, record or report, required by sections..or a copy or certified copy of such..knowing same to have been stolen, or otherwise unlawfully obtained, shall be guilty of a class D felony. Offenders are subject to prosecution Page 7