ARTICLE 44:09

PUBLIC HEALTH STATISTICS

Chapter

44:09:01             Vital record registration.

44:09:02             Birth registration.

44:09:03             Death registration and disinterment.

44:09:04             Marriage and divorce registration, Repealed.

44:09:05             Amendment of records.

44:09:06             Disclosure of information.

44:09:07             Delayed registration of marriage.

CHAPTER 44:09:01

VITAL RECORD REGISTRATION

Section

44:09:01:01 to 44:09:01:04         Repealed.

44:09:01:05                                Requirements for preparation of vital records.

          44:09:01:01.  Vital registration districts.Repealed.

          Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:01:02.  Appointment of local registrars.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:01:03.  Appointment of deputy local registrars.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:01:04.  Use of vital registration forms.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:01:05.  Requirements for preparation of vital records. Unless otherwise directed by the secretary of health, a vital record is not complete and correct and acceptable for registration unless it is prepared on the applicable form and meets the following requirements:

          (1)  It supplies all items of information called for or their omission is accounted for;

          (2)  It contains no alterations or erasures;

          (3)  It contains the required signatures;

          (4)  It is not marked "copy" or "duplicate";

          (5)  It is the original;

          (6)  It contains no improper or inconsistent data; and

          (7)  If the record is a certificate of death, it contains a definite cause of death, not just symptoms of disease or conditions resulting from disease or injury.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-44.

          Law Implemented: SDCL 34-25-43 to 34-25-45.

CHAPTER 44:09:02

BIRTH REGISTRATION

Section

44:09:02:01 and 44:09:02:02  Repealed.

44:09:02:03                                Who may request delayed birth certificate.

44:09:02:04                                Delayed birth certificate form.

44:09:02:05                                Facts to be established for delayed birth certificate.

44:09:02:06                                Requirements for documents used as evidence for delayed birth certificate.

44:09:02:07                                Requirements for filing a delayed birth certificate.

44:09:02:08                                Repealed.

44:09:02:09                                Insufficient evidence.

44:09:02:10                                Certifying to facts on delayed birth certificates.

44:09:02:11                                Dismissal of delayed birth application after one year.

44:09:02:12                                Late filing of birth certificate.

44:09:02:13                                Out-of-institution birth.

          44:09:02:01.  Transmittal of out-of-wedlock birth records.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.

          44:09:02:02.  Foundling registration.Repealed.

          Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:02:03.  Who may request delayed birth certificate. Any person born in this state whose birth is not recorded or the person's parent, guardian, or legal representative may request the registration of a delayed certificate of birth from the Department of Health.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-42.

          Law Implemented:SDCL 34-25-42.

          44:09:02:04.  Delayed birth certificate form. Any birth registered pursuant to SDCL 34-25-42 shall be on a delayed birth certificate form prescribed by the Department of Health.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-42.

          Law Implemented:SDCL 34-25-42.

          44:09:02:05.  Facts to be established for delayed birth certificate. The minimum facts for a delayed birth certificate that must be established by documentary evidence are the following:

          (1)  The full name of the person at the time of birth;

          (2)  The month, day, and year of birth;

          (3)  The state where the birth occurred;

          (4)  The full maiden name of the mother; and

          (5)  The full name of the father. However, if the mother was not married either at the time of conception or birth, the name of the father may not be entered on the delayed certificate unless paternity has been established.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-13.1, 34-25-13.3, 34-25-15, 34-25-42.

          44:09:02:06.  Requirements for documents used as evidence for delayed birth certificate. Any document presented as evidence for a delayed birth certificate, such as census, hospital, church, and school records, must be in the form of the original record, a certified copy, an authenticated copy, or a signed statement from the custodian of the record or document. An affidavit of personal knowledge may not be used to establish a delayed certificate of birth.

          Any document submitted in evidence for any person seven years of age and older must be dated at least seven years before the date of application or within three years after the date of birth. For any person under seven years of age, the document must be dated at least one year before the date of application or within the first year of life.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-42.

          Law Implemented:SDCL 34-25-42.

          44:09:02:07.  Requirements for filing a delayed birth certificate. For a delayed birth certificate to be acceptable for filing, the name of the applicant and the date and place of birth must be supported by a hospital record created at the time of birth or two pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed within seven years after the date of birth; or three pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed seven years or more after the date of birth.

          Any parent's name as required in § 44:09:02:05 shall be supported by at least one piece of documentary evidence as specified in § 44:09:02:06.

          If documentation cannot be provided as required in this chapter, a delayed birth certificate is acceptable for filing with an order from a court of competent jurisdiction which directs the Department of Health to establish a delayed birth certificate and establishes the facts as follows:

          (1)  The full name of the person at the time of birth;

          (2)  The month, day, and year of birth;

          (3)  The state where the birth occurred;

          (4)  The full maiden name of the mother;

          (5)  The full name of the father; and

          (6)  The gender at the time of birth.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:02:08.  Proof of parentage.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 26 SDR 89, effective January 9, 2000.

          44:09:02:09.  Insufficient evidence. If an applicant does not submit the minimum documentation required for a delayed registration of birth or if the Department of Health finds reason to question the validity or adequacy of the certificate or the documentary evidence, the delayed certificate may not be filed. The applicant shall be advised of the denial of the application and the right to an administrative hearing and judicial review.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-42.

          Law Implemented:SDCL 34-25-42.

          Cross-Reference: Procedure for administrative hearings, SDCL 1-26-16 to 1-26-29.

          44:09:02:10.  Certifying to facts on delayed birth certificates. Unless the delayed certificate of birth was established by court order, each delayed certificate of birth shall be signed and sworn to before an official authorized to administer oaths by the person whose birth is to be registered if the person is of legal age and is competent to sign. Otherwise, the certificate shall be signed and sworn to by one of the following in the indicated order of priority:

          (1)  One of the parents of the registrant;

          (2)  The guardian of the registrant; or

          (3)  The legal representative acting for the registrant.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:02:11.  Dismissal of delayed birth application after one year. The Department of Health may dismiss any application for a delayed birth certificate that has not been completed within one year from the date of application.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-42.

          Law Implemented:SDCL 34-25-42.

          44:09:02:12.  Late filing of birth certificate. A late certificate of birth must be filed on the standard certificate of live birth provided by the Department of Health. Such a certificate may not be marked "Delayed." For a late certificate of birth to be acceptable for filing, the Department of Health may require a hospital record created at the time of birth.

          Source: 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-8.

          Law Implemented:SDCL 34-25-8.

          44:09:02:13.  Out-of-institution birth. If a birth occurs in this state outside a hospital or institution and the birth certificate is filed within one year after birth, a standard certificate of live birth must be completed at the office of the local registrar or at the Department of Health vital records office by the individual responsible for filing the certificate and filed with evidence as follows:

          (1)  Evidence of pregnancy, as follows:

               (a)  A prenatal record from a licensed health care provider;

               (b)  A written statement from a physician or other licensed health care provider qualified to determine pregnancy;

               (c)  A record of a home visit by a public health nurse or other licensed health care provider; or

               (d)  Other evidence acceptable to the secretary of health;

          (2)  Evidence that the infant was born alive, as follows:

               (a)  A statement from the physician or other licensed health care provider who saw or examined the infant;

               (b)  An observation of the infant during a home visit by a public health nurse; or

               (c)  Other evidence acceptable to the secretary of health; and

          (3)  Evidence of the mother's presence in this state on the date of the birth, as follows:

               (a)  If the birth occurred in the mother's residence:

                      (i)         A driver's license or a state-issued identification card which includes the mother's current residence on the face of the license or card;

                      (ii)A rent receipt that includes the mother's name and address;

                      (iii)       Any type of utility, telephone, or other bill that includes the mother's name and address; or

                      (iv)       Other evidence acceptable to the secretary of health;

               (b)  If the birth occurred outside the mother's place of residence and the mother is a resident of this state:

                      (i)         An affidavit from the tenant of the premises where the birth occurred that the mother was present on those premises at the time of the birth and that the premises is located in the state; and

                      (ii)Evidence of the mother's residence in the state similar to that required in subdivision (3)(a) of this section; or

               (c)  If the mother is not a resident of this state, clear and convincing evidence that the birth occurred in this state.

          Source: 24 SDR 60, effective November 13, 1997.

          General Authority:SDCL 34-25-9.1.

          Law Implemented:SDCL 34-25-9.1.

CHAPTER 44:09:03

DEATH REGISTRATION AND DISINTERMENT

Section

44:09:03:01                                Repealed.

44:09:03:02                                Delayed registration of death.

44:09:03:03                                Repealed.

44:09:03:04                                Disinterment permits.

44:09:03:05 and 44:09:03:06  Repealed.

          44:09:03:01.  Acceptance of an incomplete death certificate.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; repealed, 31 SDR 213, effective July 4, 2005.

          44:09:03:02.  Delayed registration of death. A death record registered pursuant to SDCL 34-25-42 shall be on a delayed death record form prescribed by the Department of Health. The form shall be completed and filed as follows:

          (1)  If the attending physician or coroner and the attending funeral director or person who acted as such are available to complete and sign the certificate of death, it may be completed without additional evidence and filed with the Department of Health; or

          (2)  In the absence of the attending physician or coroner and the funeral director or person who acted as such, the certificate may be filed by another person having knowledge of the facts and shall be accompanied by two documents that establish the identity of the deceased person. Any such document shall include, as a minimum, the date of death, name, age, and place of death.

          In any case, the Department of Health may require additional documentary evidence to prove the facts of death. The Department of Health shall retain a summary statement of the evidence submitted in support of the delayed registration.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:03:03.  Permit for removal of a dead body.Repealed.

          Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; repealed, 6 SDR 93, effective July 1, 1980.

          44:09:03:05.  Disinterment and burial within the same cemetery.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 23 SDR 50, effective October 13, 1996.

          44:09:03:06.  Fetal death reporting.Repealed.

          Source: 4 SDR 14, effective September 14, 1977; repealed, 6 SDR 93, effective July 1, 1980.

CHAPTER 44:09:04

MARRIAGE AND DIVORCE REGISTRATION

(Repealed. 6 SDR 93, effective July 1, 1980)

CHAPTER 44:09:05

AMENDMENT OF RECORDS

Section

44:09:05:01        Records to be marked amended.

44:09:05:02        Requirements for amending vital records.

44:09:05:03        Documentary evidence required for amending records.

44:09:05:04        Who may request an amendment.

44:09:05:05        Amendment of given names on birth certificates within the first year.

44:09:05:06        Addition of given names on birth certificate.

44:09:05:07        Repealed.

44:09:05:08        Amendment of the same item more than once.

44:09:05:09        Method of amending certificates.

44:09:05:10        Fee for preparing new birth certificate after adoption.

44:09:05:11        Dismissal of amendment applications after one year.

44:09:05:12        Amendment of surnames on vital records after one year.

          44:09:05:01.  Records to be marked amended. Any record amended under this chapter shall be marked amended unless otherwise specified by statute or in this chapter. The date of amendment shall be endorsed on the record.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:02.  Requirements for amending vital records. Unless otherwise provided in this chapter or in statute, the Department of Health shall make all amendments to vital records. The following information is required:

          (1)  An affidavit of correction setting forth the following:

               (a)  Information to identify the certificate;

               (b)  The incorrect data as it is listed on the certificate; and

               (c)  The correct data as it should appear; or

          (2)  An order from a court of competent jurisdiction which directs that the record be amended and provides the following information:

               (a)  Information to identify the certificate;

               (b)  The incorrect data as it is listed on the certificate; and

               (c)  The correct data as it should appear.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:03.  Documentary evidence required for amending records. Amendments more than one year after the date of the event except as noted in § 44:09:05:06 shall be supported by one or more items of documentary evidence that supports the alleged facts.

          Any document presented as evidence for amending a vital record, such as census, hospital, church, and school records, must be in the form of the original record, a certified copy, an authenticated copy, or a signed statement from the custodian of the record or document. An affidavit of personal knowledge may not be used to amend a vital record.

          Any document submitted in evidence for persons seven years of age and older must be dated at least seven years before the date of application or within three years after the date of birth. For persons under seven years of age, a document must be dated at least one year before the date of application or within the first year of life.

          If reason is found to question the validity or adequacy of the documentary evidence, the request for amendment shall be rejected and the applicant shall be advised of the right to an administrative hearing and judicial review.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          Cross-Reference: Procedure for administrative hearings and judicial review, SDCL 1-26-16 to 1-26-37.

          44:09:05:04.  Who may request an amendment. A birth certificate may be amended upon the request of the registrant if of legal age, one of the parents, the guardian, or the individual responsible for filing the certificate. Any item in the statistical portion of the birth certificate, however, may be amended only upon receipt of oral or written notification of an error from the person responsible for the completion of the items. Any item amended in the statistical portion of the birth certificate may not be marked amended.

          A death certificate may be amended upon the request of the next of kin, the funeral director, or the person acting as the funeral director. Any item in the medical certification or any item of a medical nature may be amended only upon receipt of an affidavit from the attending licensed physician or from the county coroner who assumes jurisdiction over the decedent pursuant to SDCL 23-14-18. If an amendment is made by a county coroner, the county coroner shall specify in the affidavit the subdivisions in SDCL 23-14-18, regarding deaths in the public interest, under which the coroner assumes jurisdiction over the decedent and evidence of consultation with a licensed physician unless the coroner is a licensed physician. The Department of Health may require documentary evidence to substantiate any requested amendment. The department shall give notice of the amendment to the physician who made the original medical certification.

          A marriage record may be amended upon the request of either of the registrants, the individual who solemnized the marriage, the local registrar filing the marriage, or a legal representative acting on behalf of one of the registrants. Any item in the "Information for Statistical Purposes Only" section of the marriage record may be amended by oral or written notification of an error from the person responsible for the completion of the items. No item amended in the "Information for Statistical Purposes Only" section may be marked amended.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 13 SDR 202, effective July 5, 1987; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-51.

          Law Implemented: SDCL 34-25-51.

          44:09:05:05.  Amendment of given names on birth certificates within the first year. Until the registrant's first birthday, any given name may be amended by an affidavit signed by both parents or by one of the following:

          (1)  The mother in the case of a child born out of wedlock;

          (2)  The father in the case of the death or incapacity of the mother;

          (3)  The mother in the case of the death or incapacity of the father; or

          (4)  The guardian having legal custody of the registrant.

          After the first birthday, documentary evidence shall be submitted to substantiate the amendment.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:06.  Addition of given names on birth certificates. Until the registrant's first birthday, any given name for a child whose birth was recorded without a given name may be added to the certificate by an affidavit signed by both parents or by one of the following:

          (1)  The mother in the case of a child born out of wedlock;

          (2)  The father in the case of the death or incapacity of the mother;

          (3)  The mother in the case of the death or incapacity of the father; or

          (4)  The guardian or agency having legal custody of the registrant.

          After the first birthday, documentary evidence shall be submitted to substantiate the name being added.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-51.

          Law Implemented: SDCL 34-25-51.

          44:09:05:07.  Acknowledgment of paternity.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 10 SDR 144, effective July 1, 1984.

          44:09:05:08.  Amendment of the same item more than once. Once an amendment by affidavit or court order has been made of an item on a vital record, that item shall not be amended again unless a court order is received from a court of competent jurisdiction.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:09.  Method of amending certificates. The Department of Health may amend a vital record in the following manner:

          (1)  Completing the item in any case where the item was left blank on the existing certificate;

          (2)  Drawing a single line through the item to be amended and inserting the correct data. The line drawn through the original entry must not obliterate the entry;

          (3)  Changing a record maintained in an electronic file. The date of the amendment must be made a part of the record and the original information must also be retained;

          (4)  Creating a new certificate when so ordered by a court of competent jurisdiction. The certificate may not be marked as amended; or

          (5)  Preparing a new certificate showing the correct information when the state registrar considers that the nature of the amendment so requires.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:11.  Dismissal of amendment applications after one year. The Department of Health may dismiss any application for amending a vital record that has not been completed within one year from the date of application.

          Source: 26 SDR 89, effective January 9, 2000.

          General Authority:SDCL 34-25-51.

          Law Implemented:SDCL 34-25-51.

          44:09:05:12.  Amendment of surnames on vital records after one year. Any amendment to a surname made within the first year after the event occurred may be amended by affidavit unless that surname was placed on the record using a paternity, adoption, or other court order. Any amendment to a surname on a vital record made a year or more after the event occurred requires an order from a court of competent jurisdiction unless the amendment makes a minor spelling correction.

          Source: 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-51.

          Law Implemented: SDCL 34-25-51.

CHAPTER 44:09:06

DISCLOSURE OF INFORMATION

Section

44:09:06:01        Repealed.

44:09:06:02        Fee for search, verification, or certified copy of vital records.

44:09:06:02.01   Fee for expedited services.

44:09:06:03        Repealed.

44:09:06:04        Application form requirements.

44:09:06:05        Requirements for serving as a designated agent.

44:09:06:06        Application methods and requirements.

44:09:06:07        Security requirements for certified copies of vital records.

44:09:06:08        Security requirements for informational copies of vital records.

          44:09:06:01.  Disclosure of data from out-of-wedlock birth records.Repealed.

          Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.

          44:09:06:02.01.  Fee for expedited service. The Department of Health or authorized local registrar shall charge an additional fee of five dollars if the request for an informational or certified copy of a vital record is made by telephone or internet and payment is by credit card.

          Source: 21 SDR 71, effective October 16, 1994; 31 SDR 213, effective July 4, 2004.

          General Authority: SDCL 34-25-52.

          Law Implemented: SDCL 34-25-52.

          44:09:06:03.  Local registrars to transmit a portion of death record fees to state general fund.Repealed.

          Source: 10 SDR 144, effective July 1, 1984; repealed, 26 SDR 89, effective January 9, 2000.

          44:09:06:04.  Application form requirements. To request a certified or informational copy of a vital record, the applicant shall provide the following information on an application form prescribed by the Department of Health or via a method that allows for authentication of the requestor:

          (1)  Applicant's full name;

          (2)  Current home or business address;

          (3)  Signature of the applicant or electronic authentication;

          (4)  Current telephone number, if applicable;

          (5)  Type of vital record requested;

          (6)  For a certified copy only, a statement of the relationship of the applicant to the registrant;

          (7)  For a birth record only, the name of the record, the date of birth and the mother's maiden name, or enough information to locate the record; and

          (8)  For any death, marriage, or divorce record, enough information to locate the record.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-52.4.

          Law Implemented: SDCL 34-25-52.4.

          44:09:06:05.  Requirements for serving as a designated agent. A designated agent is established by a notarized statement, signed by the individual who is to be represented by the designated agent, that describes the authority being given to the designated agent to act on the individual's behalf.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-52.4.

          Law Implemented: SDCL 34-25-52.4.

          44:09:06:06.  Application methods and requirements. An applicant for a certified or informational copy of a vital record shall submit an application as provided in § 44:09:06:04 to the Department of Health or authorized local registrar along with a government issued photo ID that contains the applicant's signature or other proof of identity as deemed acceptable by the state registrar. If the application is made in person, the applicant shall complete an application and shall present a valid picture identification. If the application is made via mail, the application shall be notarized or the applicant shall provide a clear copy of a valid picture identification. If the application is made via phone, the information from the application shall be taken over the phone and the applicant shall fax a clear copy of a valid picture identification or the identity of the individual shall be authenticated by electronic means. If the application is made via the internet, the information from the application shall be taken via the internet and the identity of the individual authenticated by electronic means.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-52.4.

          Law Implemented: SDCL 34-25-52.4.

          44:09:06:07.  Security requirements for certified copies of vital records. Each certified copy of a vital record issued from the vital records system by the Department of Health or an authorized local registrar shall:

          (1)  If issued from the electronic system, be issued on standard security paper as designated by the Department of Health. If it is not possible to issue the copy from the electronic system or the electronic copy does not contain all of the information needed by the applicant, a photostatic copy may be issued on plain paper;

          (2)  Contain the signature of the state registrar or authorized local registrar; and

          (3)  Contain a raised seal.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-52.4.

          Law Implemented: SDCL 34-25-52.4.

          44:09:06:08.  Security requirements for informational copies of vital records. An informational copy of a vital record issued from the vital records system shall be issued electronically if possible from the electronic system, unless a photostatic copy is specifically requested by the applicant. Any informational copy issued by the Department of Health or an authorized local registrar shall:

          (1)  Be issued on plain paper; and

          (2)  Be clearly marked "For information purposes only. Not legal proof of identification."

          No informational copy may contain the seal or signature of the issuing agent.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-52.4.

          Law Implemented: SDCL 34-25-52.4.

CHAPTER 44:09:07

DELAYED REGISTRATION OF MARRIAGE

Section

44:09:07:01        Who may request delayed certificate of marriage.

44:09:07:02        Delayed certificate of marriage record.

44:09:07:03        Facts to be established for a delayed certificate of marriage.

44:09:07:04        Insufficient evidence.

44:09:07:05        Certifying to facts on delayed marriage certificate.

44:09:07:06        Dismissal of delayed marriage application after one year.

          44:09:07:01.  Who may request a delayed certificate of marriage. Any person married in South Dakota whose marriage is not recorded, or the person's legal representative, may request the registration of a delayed certificate of marriage from the Department of Health.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:07:02.  Delayed certificate of marriage record. Any person registering a marriage pursuant to SDCL 34-25-42 shall complete a delayed certificate of marriage form prescribed by the Department of Health.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:07:03.  Facts to be established for a delayed certificate of marriage. To be acceptable for a delayed for registration, the certificate of marriage must be supported by:

          (1)  A copy of the license or the application for license if the license was granted; and

          (2)  A signed statement from the official conducting the wedding ceremony or the custodian of the records of the official and from the two witnesses to the wedding ceremony indicating that a marriage ceremony was performed and the date and place of the marriage; or

          (3)  An order from a court of competent jurisdiction ordering a delayed certificate of marriage to be filed and providing the following information:

               (a)  Bride information:

                      (i)    Name prior to marriage;

                      (ii)   Date of birth; and

                      (iii)  Residence city and county;

               (b)  Groom information:

                      (i)    Name prior to marriage;

                      (ii)   Date of birth; and

                      (iii)  Residence city and county; and

               (c)  Marriage information:

                      (i)   Date of marriage; and

                      (ii)  City and county of marriage.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:07:04.  Insufficient evidence. If an applicant does not submit the documentation required by § 44:09:07:03 for a delayed registration or if the Department of Health finds reason to question the validity or adequacy of the statements or the documentary evidence, the delayed certificate of marriage may not be filed. The applicant shall be advised of the denial of the application and the right to an administrative hearing and judicial review pursuant to SDCL chapter 1-26.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:07:05.  Certifying to facts on delayed marriage certificate. Unless the delayed certificate of marriage was established by court order, each delayed certificate of marriage shall be signed and sworn to before an official authorized to administer oaths by the persons whose marriage is to be registered or a legal representative acting for the registrant.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.

          44:09:07:06.  Dismissal of delayed marriage application after one year. The Department of Health may dismiss any application for a delayed certificate of marriage that has not been completed within one year from the date of application.

          Source: 31 SDR 213, effective July 4, 2005.

          General Authority: SDCL 34-25-42.

          Law Implemented: SDCL 34-25-42.