§ 5-C:102 — Disclosure of Information to Individuals; Direct and Tangible Interest

New Hampshire § 5-C:102

• Jurisdiction: New Hampshire
• Title I: THE STATE AND ITS GOVERNMENT
• Ch. 5-C: VITAL RECORDS ADMINISTRATION
• Subdivision: Confidentiality and Disclosure of Information

Text

I. Birth records prior to 1901 and death, marriage, divorce, legal separation, or civil annulment records prior to 1948 shall be considered public records.
II. Local and state registrars shall make vital records available only to persons who have a direct and tangible interest in the requested record as described in paragraph III and RSA 5-C:9.
III. In this chapter, the following persons shall be deemed to have a direct and tangible interest with regard to access to a vital record: the registrant; a member of the registrant's immediate family; the registrant's legal guardian; the registrant's legal representative; persons demonstrating a need for information for the determination or protection of a personal or property right; members of the press, radio, television, and other news media when the information requested by such media sources is of a public nature; persons authorized by the immediate family to conduct genealogical research; and the spouse of a divorced or legally separated person whose former marriage has been legally dissolved who is requesting certified copies of such divorce, legal separation, or civil annulment record.
IV. The natural parents of an adopted child who has been adopted outside of the natural parent's immediate family, shall not be considered to have a direct and tangible interest in the vital records of the adopted child.
V. A person who is not a member of the immediate family may be considered to have direct and tangible interest in the requested record in accordance with paragraph VI and VII.
VI. A claim of direct and tangible interest, as described in paragraph III made by an individual, an attorney, or an agent working on behalf of an attorney, shall be reviewed by either the state registrar or the clerk of the town or city. The claim shall include a letter from the requestor that describes and documents the claim of direct and tangible interest, including what record is required, why it is needed, and any other evidence the requestor wishes to submit to document the claim. The requestor also shall provide positive identification, such as a driver's license, passport, or other picture identification.
VII. A claim of direct and tangible interest submitted as in paragraph VI shall be approved if the claim is substantiated by the evidence submitted to the satisfaction of the state registrar or the clerk of the town or city, and access to the requested record shall be approved. If the claim is not substantiated by the evidence submitted to the satisfaction of the state registrar or the clerk of the town or city, then access shall be denied, and the requestor may appeal the registrar's or clerk's decision.
VIII. In order to obtain access to a vital record, an attorney or an agent working on behalf of an attorney shall identify himself or herself as a member of the legal profession by means of a business card, business stationery, or by similar means when he or she requests access to a record as the representative of his or her client, state in the request the name of the client, and submit evidence for the claim of direct and tangible interest.
IX. Law enforcement officials, court officials, and representatives of the office of the attorney general demonstrating a direct and tangible interest following procedures in paragraphs V-VIII shall obtain access to the requested record on a case-by-case basis. Certified copies of vital records shall be issued to these agencies by the division at no charge.
X. Reports of birth, death, or marriage events that happened out-of-state regarding one of New Hampshire's residents sent to the state registrar or a clerk of a town or city for statistical purposes shall not be available for public inspection or issued by the division or the clerk.
XI. When publishing information regarding vital record events for statistical purposes in city or town reports, the following procedure shall apply. A written request from a resident that a particular vital event be omitted from the city or town report shall always be granted. A written request from a resident registrant that a certain event be published in the city or town report, including the birth of a child to a unwed mother, shall be granted. Items included in a city or town report for birth shall be limited to: the child's name; the name of the father; the name of the mother; the place of birth; and, the date of birth. Items included in a city or town report for death shall be limited to: the name of deceased; the place of death; the name of the father; the maiden name of the mother; and the date of death. Items included in a city or town report for marriage shall be limited to: the groom's name and place of residence; the bride's name and place of residence; and the date of the marriage ceremony.
XII. Events referenced in paragraph X may be included in the town's annual report unless otherwise requested pursuant to paragraph XI.
XIII. When a city or town clerk is requested to supply birth information for local school census purposes, such requests shall be referred to the state registrar and the data supplied shall be restricted to showing the number of resident births that occurred in the city or town and shall not show the names of any individuals.

Legislative History

2005, 268:1, eff. Jan. 1, 2006.