Uniform forms and procedures for issuance of copies of records--Rules.
Construction of chapter--Disclosure of specified information on birth,
marriage, or divorce certificates--Admissibility.
Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.
Certified copies supplied free for military or veterans' claims--Minors
participating in sports programs.
Unintentional issuance of certified copy of vital record fraudulently
obtained--Personal liability.
Enforcement and supervisory powers of department--Investigations by
secretary.
34-25-1.
Department of Health to have charge of registration.
The State Department of
Health shall have charge of the registration of births, deaths, fetal deaths, burials, marriages, and
divorces.
Source: SL 1931, ch 267, § 1; SDC 1939, § 27.0201; SL 1941, ch 124, § 1; SL 1945, ch 103, § 1;
SL 1972, ch 194, § 1; SL 1978, ch 255, § 1; SL 1980, ch 238, § 24.
34-25-1.1 Definition of terms.
34-25-1.1.
Definition of terms.
Terms as used in this chapter mean:
(1)
"Authorized representative," an attorney, physician, funeral director, or other designated
agent acting on behalf of the family.
(1.5)
"Autopsy," the post mortem dissection and examination of a dead body, including fetal
tissue older than twenty-four weeks.
(2)
"Certified copy," a vital record or part thereof issued and sealed by the state registrar and
other entities as authorized by the department;
(3)
"Dead body," a lifeless human body or parts thereof from the state of which it may
reasonably be concluded that death recently occurred;
(4)
"Death certificate," a record by means of which both the fact of death record and the
medical certificate have been completed and filed as required by the department;
(5)
"Demographic information," the information required by the state registrar to describe
characteristics of a registrant, the family of a registrant, and geographic locations pertinent
to a registrant;
(6)
"Department," the Department of Health;
(7)
"Fact of death information," the information required by the state registrar to record the
time and place a death occurs and to identify the person who is deceased. The term does
not include information regarding cause and manner of death;
(8)
"Fact of death record," the portion of the death certificate that contains the fact of death
information and demographic information;
(9)
"Fetal death," death prior to the complete expulsion or extraction from its mother of a
product of human conception, irrespective of the duration of pregnancy. The death is
indicated by the fact that after such expulsion or extraction, the fetus does not breathe or
show any other evidence of life such as beating of the heart, pulsation of the umbilical
cord, or definite movement of voluntary muscles;
(10)
"Fetus," the biological offspring, including the implanted embryo or unborn child, of
human parents;
(11)
"Final disposition," the burial, interment, cremation, or other disposition of a dead body
or fetus;
(12)
"Institution," any establishment, public or private, which provides in-patient medical,
surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two
or more unrelated individuals, or to which persons are committed by law;
(13)
"Live birth," the complete expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy, which, after such expulsion or
extraction, breathes or shows any other evidence of life such as beating of the heart,
pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or
not the umbilical cord has been cut or the placenta is attached;
(14)
"Medical certificate," the portion of the death certificate that contains the information
regarding the cause and manner of death.
(15)
"System of vital registration," the process by which vital records are collected, completed,
amended, certified, filed, preserved, and incorporated into the official records of the office
of vital records, and activities related thereto including the tabulation, analysis, and
publication of statistical data derived from such records;
(16)
"Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data
related thereto as entered on forms prescribed by the department;
Source: SL 1972, ch 194, § 2; SL 1993, ch 253, § 1; SL 2000, ch 171, § 2; SL 2003, ch 186, § 1;
SL 2004, ch 235, § 1; SL 2005, ch 190, § 1.
34-25-2
34-25-2, 34-25-3.
Repealed by SL 1972, ch 194, § 45.
34-25-4 Vital registration districts--Establishment, consolidation or subdivision.
34-25-4.
Vital registration districts--Establishment, consolidation or subdivision.
The
department shall establish vital registration districts throughout the state. The department may
consolidate or subdivide such districts to facilitate registration.
Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SL 1972, ch 194, § 3.
34-25-4.1 Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.
34-25-4.1.
Register of deeds or designee as local registrar--Fees--Deputy, appointment, and
duty.
The register of deeds shall be the local registrar of vital records for each registration district
in this state. If there is no register of deeds, the department shall designate the local registrar who
shall assume the responsibilities of local registrar of vital records. No fee shall be charged by a local
registrar for filing an original or amended birth record or a death or burial record or for certified
copies to persons entitled thereto under § 34-25-54.
Each local registrar shall appoint a deputy whose duty it shall be to act in his stead in case of the
absence or disability of such local registrar.
Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SDCL, § 34-25-4; SL 1972, ch 194, § 4; SL
1974, ch 55, § 33.
34-25-5
34-25-5 to 34-25-7.
Repealed by SL 1972, ch 194, § 45.
34-25-8 Birth registration--Certificate of live birth--Time for filing--Availability of records.
34-25-8.
Birth registration--Certificate of live birth--Time for filing--Availability of records.
The birth of every child born in this state shall be registered as provided in this chapter. Within seven
days after the date of each live birth, there shall be filed with the department by electronic means if
a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such
birth. The certificate shall be upon the form prescribed by the department. For certificates of birth
filed after seven days, but within one year from the date of birth, the department may, by rules
promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.
Informational copies of birth records shall be available to any person who can identify the birth
record by providing the name of the person on the birth record, the date of birth, the mother's maiden
name, or additional information required to locate the record. Nothing in this section prohibits the
release of information contained on a birth record which would not identify any person named in the
record.
If one hundred years have elapsed after the date of birth, the records of the birth in the custody
of the department shall become available to the public without restriction. The department shall
promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 5; SL
1989, ch 297, § 1; SL 1995, ch 196, § 1; SL 1997, ch 205, § 1; SL 2005, ch 190, § 2.
34-25-8.1 Birth in moving conveyance.
34-25-8.1.
Birth in moving conveyance.
If a birth occurs in a moving conveyance, a birth
certificate shall designate the county in which the child was first removed from the conveyance.
Source: SL 1972, ch 194, § 6; SL 1995, ch 196, § 2.
34-25-8.2
34-25-8.2.
Repealed by SL 1989, ch 297, § 2.
34-25-9 Birth in institution--Attending physician or physician's designee to prepare certificate--...
34-25-9.
Birth in institution--Attending physician or physician's designee to prepare
certificate--Filing certificate.
If a birth occurs in an institution, the physician in attendance at the birth
or the physician's designee shall, within five days after the birth, obtain the personal data and the
medical information required by the certificate and provide it to the person designated by the
institution to file the certificate.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 8; SL
1995, ch 196, § 3.
34-25-9.1 Birth outside institution--Persons responsible for certificate--Evidence required.
34-25-9.1.
Birth outside institution--Persons responsible for certificate--Evidence required.
If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the
following in the indicated order of priority:
(1)
The physician in attendance at or immediately after the birth, or in the absence of such a
person;
(2)
Any other person in attendance at or immediately after the birth, or in the absence of such
a person;
(3)
The father or mother, or, in the absence of the father and the inability of the mother, the
person in charge of the premises where the birth occurred.
The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence
necessary to establish the facts of birth.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SDCL, § 34-25-9; SL 1972,
ch 194, § 9; SL 1997, ch 205, § 2.
34-25-9.2 Birth certificate signed by parents or informant.
34-25-9.2.
Birth certificate signed by parents or informant.
Either of the parents of the child
shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are
unable to sign, the document shall be signed by the informant.
Source: SL 1972, ch 194, § 10; SL 1995, ch 196, § 4.
34-25-10
34-25-10 to 34-25-13.
Repealed by SL 1972, ch 194, § 45.
34-25-13.1 Husband's name entered on birth certificate--Father's name as determined in paternity proc...
34-25-13.1.
Husband's name entered on birth certificate--Father's name as determined in
paternity proceeding or by affidavits.
If the mother was married at the time of conception or birth,
or at any time between conception and birth, the name of the husband shall be entered on the
certificate as the father of the child unless:
(1)
Paternity has otherwise been determined by a court of competent jurisdiction, in which
case the name of the father as determined by the court shall be entered;
(2)
The mother and the mother's husband execute joint or separate affidavits attesting that the
husband is not the father of the child, in which case information about the father shall be
omitted from the certificate; or
(3)
The mother executes an affidavit attesting that her husband is not the biological father and
providing the name of the alleged biological father, the husband executes an affidavit
attesting that he is not the biological father, and the alleged biological father executes an
affidavit attesting that he is the biological father, then the attesting biological father shall
be shown as the father on the certificate.
Affidavits may be joint or individual, and each signature shall be individually notarized.
Source: SL 1972, ch 194, § 11; SL 1993, ch 253, § 2; SL 1997, ch 205, § 3.
34-25-13.2 Parents' consent or judicial determination required to name father in birth certificate wh...
34-25-13.2.
Parents' consent or judicial determination required to name father in birth
certificate when mother unmarried.
If the mother was not married at the time of conception or birth,
or at any time between conception and birth, the name of the father may not be entered on the
certificate of birth without the written consent of the mother and the person to be named as the father
unless a judicial determination has been made, in which case the name of the father as determined
by the court shall be entered.
Source: SL 1972, ch 194, § 12; SL 1993, ch 253, § 3.
34-25-13.3 Unmarried mother's surname shown on birth certificate unless paternity acknowledged.
34-25-13.3.
Unmarried mother's surname shown on birth certificate unless paternity
acknowledged.
If the mother was not married at the time of conception or birth, or at any time
between conception and birth, the mother's surname shall be shown on the birth certificate as the
legal surname of the child at the time of birth unless an affidavit of acknowledgment of paternity
signed by both parents is received.
Source: SL 1972, ch 194, § 13; SL 1993, ch 253, § 4.
34-25-13.4 Father not named on birth certificate--No other information entered.
34-25-13.4.
Father not named on birth certificate--No other information entered.
If the father
is not named on the certificate of birth, no other information about the father shall be entered on the
certificate.
Source: SL 1972, ch 194, § 14.
34-25-14 Child of unknown parents--Physician to name child and file birth certificate.
34-25-14.
Child of unknown parents--Physician to name child and file birth certificate.
In the
case of a neglected or abandoned child, whose parents are unknown, such child shall be examined
immediately by a licensed physician who shall assign a given name to the child, and, within seven
days, file directly with the State Department of Health a certificate, in form and manner prescribed
by the department.
Source: SDC 1939, § 27.0207 as added by SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194,
§ 15.
34-25-15 Legitimation of child--New birth certificate--Fee.
34-25-15.
Legitimation of child--New birth certificate--Fee.
In cases of legitimation, the
department, upon receipt of proof of the marriage of the parents after the birth of the child together
with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of
birth in the new name of the legitimated child.
Within ten days after the filing of an affidavit of acknowledgment of paternity, signed by both
putative parents who are not married, the department shall add the name of the father to the
certificate of birth if paternity is not shown on the record. Upon request of the parents, the surname
of the child may be changed to that of the father or a combination of mother's and father's surnames,
in which case the department shall prepare a new birth certificate. A change in paternity, which is
already shown on a birth certificate, may be made only upon receipt of a court order determining
paternity.
Upon receipt of a court order or affidavits determining the paternity of a child pursuant to § 34-25-13.1, the department shall prepare a new certificate of birth. Each applicant for a new birth record
shall submit a five dollar fee to the department for the preparation and filing of the record.
Source: SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1972, ch 194, § 16; SL 1981,
ch 262; SL 1982, ch 265, § 1; SL 1991, ch 279, § 1; SL 1997, ch 205, § 4; SL 1999, ch 175, § 1.
34-25-16 Adoption information forwarded by clerk of courts.
34-25-16.
Adoption information forwarded by clerk of courts.
Within ten days after the filing
of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the
department such information necessary to establish a new certificate of birth on a form prepared by
the department.
Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SL 1972, ch 194,
§ 17.
34-25-16.1 New birth certificate upon adoption of child born in state or foreign nation--Exception.
34-25-16.1.
New birth certificate upon adoption of child born in state or foreign nation--Exception.
If the birth occurred in South Dakota, the Department of Health shall issue a new
certificate of birth in the new name of the child and with the name of the adopting person. However,
a new certificate of birth may not be prepared if so requested by the court decreeing the adoption,
the adoptive parents, or the adopted person.
If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state,
the Department of Health shall issue a new certificate of birth in the new name of the child and with
the name of the adopting person. The birth certificate shall be prepared in accord with the facts as
found and entered by the court. If the birth occurred in a foreign nation and the adoption was
finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without
hearing, directing that a new certificate of birth be issued upon filing the following documentation:
(1)
A certified copy of the adoption order from the foreign nation;
(2)
A certified translation of the adoption order if necessary;
(3)
Proof of the date and place of the child's birth;
(4)
Proof of IR-3 immigration status; and
(5)
Proof that each adopting person is a resident of this state.
The Department of Health shall issue a new certificate of birth in the new name of the child and the
name of each adopting person upon receipt from the clerk of courts such information necessary to
establish a new certificate of birth on a form prepared by the department.
The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based
upon administrative cost as established by the department pursuant to chapter 1-26.
Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL § 34-25-16; SL 1972, ch 194, § 18; SL 1976, ch 221; SL 1978, ch 255, § 2; SL 1980, ch 238, § 25; SL 2007,
ch 157, § 2; SL 2010, ch 176, § 1.
34-25-16.2 Birth certificate after adoption when birth unrecorded.
34-25-16.2.
Birth certificate after adoption when birth unrecorded.
A new certificate of birth
following adoption may be prepared for a person born in this state whose birth was not previously
recorded, if the date and place of birth have been established in the adoption proceedings.
Source: SL 1972, ch 194, § 19.
34-25-16.3 Adoption information on child born out-of-state forwarded to state of birth.
34-25-16.3.
Adoption information on child born out-of-state forwarded to state of birth.
When adoption information is received for a child born in another state, such information shall be
forwarded to the appropriate registration authority in the state of birth.
Source: SL 1972, ch 194, § 20.
34-25-16.4 Sealing of original birth certificate after new certificate issued--Opening of sealed mate...
34-25-16.4.
Sealing of original birth certificate after new certificate issued--Opening of
sealed materials.
When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other
evidence upon which a new certificate is made shall be sealed, filed, and may be opened only upon
order of a court of competent jurisdiction, or by the secretary of health for purposes of properly
administering the vital registration system.
Source: SL 1939, ch 168, § 12; SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1947,
ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL, §§ 34-25-15, 34-25-16; SL 1972, ch 194, § 21.
34-25-16.5 Original birth certificate sealed or forwarded to department after new certificate issued....
34-25-16.5.
Original birth certificate sealed or forwarded to department after new certificate
issued.
When a new certificate of birth is established by the State Department of Health, all copies
of the original certificate of birth in the custody of any local registrar in this state shall be sealed from
inspection or forwarded to the State Department of Health, as directed.
Source: SL 1972, ch 194, § 22.
34-25-16.6 Copies of birth certificates.
34-25-16.6.
Copies of birth certificates.
County registers of deeds may issue, by computer
generation, certified copies of birth certificates.
Source: SL 1993, ch 253, § 5.
34-25-16.7 Determining mother for birth certificate.
34-25-16.7.
Determining mother for birth certificate.
For the purposes of birth registration,
the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by
a court of law prior to the filing of the birth certificate.
Source: SL 1993, ch 253, § 10.
34-25-17
34-25-17.
Repealed by SL 1972, ch 194, § 45.
34-25-18 Medical certificate signed by attending physician, physician assistant, or nurse practitio...
34-25-18.
Medical certificate signed by attending physician, physician assistant, or nurse
practitioner--Time for execution.
The licensed physician, physician assistant, or nurse practitioner,
if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and
file a medical certificate with the department within five days of the date of death except in cases
where the secretary of health has provided for longer periods by rules adopted pursuant to chapter
1-26.
Source: SDC 1939, § 27.0208; SL 1972, ch 194, § 23; SL 1991, ch 198, § 3; SL 2003, ch 186, § 2.
34-25-18.1 Determination of death.
34-25-18.1.
Determination of death.
Any individual who has sustained either irreversible
cessation of circulatory and respiratory functions or irreversible cessation of all functions of the
entire brain, including the brain stem, is dead. A determination of death shall be made in accordance
with accepted medical standards.
Source: SL 1990, ch 273.
34-25-19
34-25-19, 34-25-20.
Repealed by SL 1972, ch 194, § 45.
34-25-21 Notice to county coroner and sheriff of death without attending physician, physician assis...
34-25-21.
Notice to county coroner and sheriff of death without attending physician,
physician assistant or nurse practitioner--Preparation of medical certificate.
If a death occurs without
the attendance of a licensed physician, physician assistant, or nurse practitioner, the person in charge
of the body shall notify the county coroner and sheriff of such death. Upon notification, the county
coroner shall complete the medical certificate from the statement of relatives or other persons having
adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall
complete, sign, and file the medical certificate with the department within five days of the date of
death, unless an autopsy or investigation is pending, in which case the pending autopsy or
investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner,
or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical
certificate from the statement of relatives or other person having knowledge of the facts.
Source: SDC 1939, § 27.0209; SL 1968, ch 113; SL 1974, ch 55, § 34; SL 1985, ch 280; SL 1993,
ch 253, § 6; SL 2003, ch 186, § 3.
34-25-22 Reference to state's attorney, sheriff, or police of death from other than natural causes....
34-25-22.
Reference to state's attorney, sheriff, or police of death from other than natural
causes.
If the county coroner has reason to believe that the death may have been due to other than
natural causes, he shall then refer the case to the state's attorney, sheriff, or police for further
investigation.
Source: SL 1931, ch 267, § 7; SDC 1939, § 27.0209; SL 1968, ch 113.
34-25-22.1 Blood samples taken in violent or accidental death cases--Transmission to laboratory.
34-25-22.1.
Blood samples taken in violent or accidental death cases--Transmission to
laboratory.
The county coroner of each county shall take or cause to be taken blood samples of any
person who has died from apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial
accident. The samples shall be taken as soon as practicable after the death has been discovered and
forthwith transmitted to a laboratory certified to examine the sample for toxicology levels.
Source: SL 1973, ch 228; SL 1983, ch 256; SL 2004, ch 236, § 1.
34-25-23
34-25-23.
Repealed by SL 1972, ch 194, § 45.
34-25-24 Permit required for disposition of dead body or fetus.
34-25-24.
Permit required for disposition of dead body or fetus.
No body of any person
whose death occurs in this state or which is found in this state or of a fetus after a gestational age of
not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or
otherwise disposed of, or removed from the state unless, prior to the disposition, a permit for
disposition is obtained electronically from the department or on paper from the registrar of the
registration district in which the death, or fetal death occurred or the body was found.
Source: SDC 1939, § 27.0211; SL 1972, ch 194, § 24; SL 1993, ch 253, § 7; SL 2003, ch 186, § 4;
SL 2007, ch 195, § 10.
34-25-25 Fact of death record filed by funeral director--Sources of data--Place and time of filing....
34-25-25.
Fact of death record filed by funeral director--Sources of data--Place and time of
filing.
The funeral director, or person acting as such, who first assumes custody of a dead body shall
file a fact of death record. The funeral director shall obtain the personal data from the next of kin or
the best qualified person or source available.
A fact of death record for each death which occurs in this state shall be filed with the department
within five days after such death.
Source: SDC 1939, § 27.0210; SL 1941, ch 124, § 2; SL 1972, ch 194, § 25; SL 1978, ch 254; SL
2003, ch 186, § 5.
34-25-25.1 Place of filing death certificate when place of death unknown or in moving conveyance requ...
34-25-25.1.
Place of filing death certificate when place of death unknown or in moving
conveyance required.
If the place of death is unknown, a death certificate shall indicate the place of
death as the location in which a dead body is found. If death occurs in a moving conveyance, a death
certificate shall indicate the place of death as the location where the body was first removed from
the conveyance.
Source: SL 1972, ch 194, § 26; SL 2003, ch 186, § 6.
34-25-26
34-25-26 to 34-25-32.
Repealed by SL 1972, ch 194, § 45.
34-25-32.1 Report required of certain fetal deaths other than abortions.
34-25-32.1.
Report required of certain fetal deaths other than abortions.
A fetal death report
for the death of each fetus which has attained a gestational age of not less than twenty completed
weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in
this state shall be filed with the Department of Health, in accordance with rules of the secretary of
health promulgated pursuant to chapter 1-26. However, the gestational age specified by this section
may not be considered a factor in determining when life begins.
Source: SL 1972, ch 194, § 27; SL 1977, ch 285, § 1; SL 1993, ch 253, § 8; SL 2007, ch 195, § 11.
34-25-32.2 Fetal death report filed by physician--Coroner to report unattended deaths.
34-25-32.2.
Fetal death report filed by physician--Coroner to report unattended deaths.
The
physician or other person in attendance at or after the delivery shall file the report of fetal death to
the Department of Health within seven days of delivery.
If a fetal death occurs without medical attendance upon the mother at or after delivery, the
coroner shall complete the report within twenty-four hours after taking charge of the case.
Source: SL 1972, ch 194, § 28; SL 1977, ch 285, § 2; SL 1993, ch 253, § 9.
34-25-32.3 Disposition of remains of embryo or fetus.
34-25-32.3.
Disposition of remains of embryo or fetus.
Remains of a human embryo or fetus
resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a
hospital, clinic, or medical facility shall be disposed of in the manner provided by §§ 34-25-32.3 to
34-25-32.7, inclusive.
Source: SL 1998, ch 208, § 1.
34-25-32.4 Medical facility to provide for disposal of aborted fetuses.
34-25-32.4.
Medical facility to provide for disposal of aborted fetuses.
Any hospital, clinic,
or medical facility in which abortions are induced or occur spontaneously or accidentally or any
laboratory to which the remains of human embryos or fetuses are delivered shall arrange for the
disposal of the remains by cremation, interment by burial, or by incineration in a medical waste
incinerator approved by the Department of Environment and Natural Resources. If incineration is
used, the remains of the human embryo or fetus shall be incinerated separately from other medical
waste. The hospital, clinic, medical facility, or laboratory may perform any laboratory tests necessary
for the health of the woman or her future offspring, or for the purposes of a criminal investigation,
or for determination of parentage prior to disposing of the remains.
Source: SL 1998, ch 208, § 2.
34-25-32.5 Failure to comply as public nuisance.
34-25-32.5.
Failure to comply as public nuisance.
Any failure to comply with the provisions
of §§ 34-25-32.3 to 34-25-32.7, inclusive, constitutes a public nuisance. Any person, firm, or
corporation failing to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7, inclusive, is guilty
of a Class 1 misdemeanor.
Source: SL 1998, ch 208, § 3.
34-25-32.6 Disposition of fetal remains--Method.
34-25-32.6.
Disposition of fetal remains--Method.
No religious service or ceremony is
required as part of the disposition of the remains of a human embryo or fetus. The hospital, clinic,
or medical facility shall discuss or disclose the method of disposition with the woman who had the
miscarriage.
Source: SL 1998, ch 208, § 4.
34-25-32.7 Fetal organ, tissue donation--Circumstances--Consent required.
34-25-32.7.
Fetal organ, tissue donation--Circumstances--Consent required.
Tissue and organ
donation may occur in cases of spontaneous abortions if the consent of the mother is obtained.
Source: SL 1998, ch 208, § 5.
34-25-32.8 Definitions related to stillbirth.
34-25-32.8.
Definitions related to stillbirth.
Terms used in §§ 34-25-32.8 to 34-25-32.16,
inclusive, mean:
(1)
"Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not
less than twenty completed weeks; and
(2)
"Certificate of birth resulting in stillbirth," a certificate issued to record the birth of a
stillborn child.
Source: SL 2007, ch 195, § 1.
34-25-32.9 Notice to parent of means for requesting a certificate of birth resulting in stillbirth.
34-25-32.9.
Notice to parent of means for requesting a certificate of birth resulting in
stillbirth.
Any person who is required to file a fetal death report pursuant to § 34-25-32.2 shall advise
the parent or parents of a stillborn child:
(1)
That a parent may, but is not required to, request a certificate of birth resulting in stillbirth
by contacting the Department of Health to request the certificate and paying the required
fee; and
(2)
The means by which a parent may contact the Department of Health to request the
certificate.
Source: SL 2007, ch 195, § 2.
34-25-32.10 Name of stillborn child on certificate of birth resulting in stillbirth.
34-25-32.10.
Name of stillborn child on certificate of birth resulting in stillbirth.
Any parent
may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth.
If the requesting parent does not wish to provide a name, the Department of Health shall fill in the
certificate with the name "baby boy" or "baby girl" and the last name of the parent.
Source: SL 2007, ch 195, § 3.
34-25-32.11 Fetal death report to be referenced on certificate of birth resulting in stillbirth.
34-25-32.11.
Fetal death report to be referenced on certificate of birth resulting in stillbirth.
Any certificate of birth resulting in stillbirth shall include information referencing the corresponding
fetal death report.
Source: SL 2007, ch 195, § 4.
34-25-32.12 Form and content of certificate of birth resulting in stillbirth.
34-25-32.12.
Form and content of certificate of birth resulting in stillbirth.
The Department
of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall
specify the information necessary to prepare the certificate.
Source: SL 2007, ch 195, § 5.
34-25-32.13 Certificate of birth resulting in stillbirth not used to calculate live birth statistics.
34-25-32.13.
Certificate of birth resulting in stillbirth not used to calculate live birth
statistics.
The Department of Health may not use a certificate of birth resulting in stillbirth to
calculate live birth statistics.
Source: SL 2007, ch 195, § 6.
34-25-32.14 Fee for certificate of birth resulting in stillbirth.
34-25-32.14.
Fee for certificate of birth resulting in stillbirth.
Each applicant for a certificate
of birth resulting in stillbirth shall submit a ten dollar fee to the Department of Health for the
preparation and filing of the record.
Source: SL 2007, ch 195, § 7.
34-25-32.15 Certificate may be requested without regard to filing date of fetal death report.
34-25-32.15.
Certificate may be requested without regard to filing date of fetal death report.
Any parent may request the Department of Health to issue a certificate of birth resulting in stillbirth
without regard to the date on which the fetal death report was filed.
Source: SL 2007, ch 195, § 8.
34-25-32.16 Certificate may be requested without regard to date of fetal death.
34-25-32.16.
Certificate may be requested without regard to date of fetal death.
Any parent
may request the Department of Health to prepare and issue a certificate of birth resulting in stillbirth
without regard to whether the fetal death occurred on, before, or after July 1, 2007.
Source: SL 2007, ch 195, § 9.
34-25-33 Burial or removal permit filed by funeral director after final disposition.
34-25-33.
Burial or removal permit filed by funeral director after final disposition.
The
funeral director or person acting as such shall, within ten days after final disposition, file or transmit
the original burial or removal permit to the local registrar of the district in which final disposition
was made.
Source: SDC 1939, § 27.0210 as added by SL 1941, ch 124, § 2; SL 1972, ch 194, § 29.
34-25-34 Burial-transit permit issued out-of-state as authority for final disposition.
34-25-34.
Burial-transit permit issued out-of-state as authority for final disposition.
A
burial-transit permit issued under the law of another state which accompanies a dead body or fetus
brought into this state shall be the authority for final disposition of the body or fetus in this state.
Source: SL 1931, ch 267, § 5; SDC 1939, § 27.0211; SL 1972, ch 194, § 30.
34-25-35
34-25-35.
Repealed by SL 1972, ch 194, § 45.
34-25-36 Records and monthly report of funeral director.
34-25-36.
Records and monthly report of funeral director.
A funeral director, embalmer, or
other person who removes from the place of death or transports or finally disposes of a dead body
or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record
which shall identify the body, and shall on or before the fifth day of each month report to the
department all human bodies handled during the preceding month on a form provided for that
purpose. If no death occurs in any given month which requires a funeral director to keep a record
pursuant to this section, the funeral director shall report that fact on a form provided for that purpose.
Source: SDC 1939, § 27.0213; SL 1972, ch 194, § 31; SL 1999, ch 175, § 2.
34-25-37
34-25-37.
Repealed by SL 1972, ch 194, § 45.
34-25-38 Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rule...
34-25-38.
Cemetery to require burial, removal, disinterment, or transit permit--Promulgation
of rules.
No person in charge of any premises in which interments are made, shall inter, or permit
the interment, disinterment, or other disposition of any body, unless it is accompanied by a burial,
removal, disinterment, or transit permit. The Department of Health shall promulgate rules pursuant
to chapter 1-26 governing the issuance of permits for disinterment or reinterment of a dead body or
fetus.
Source: SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (2); SL 1972, ch
194, § 32; SL 1996, ch 215, § 1.
34-25-38.1 Issuance of disinterment permit.
34-25-38.1.
Issuance of disinterment permit.
A disinterment permit shall be issued by the
department upon receipt of a written or electronic application from a person licensed by the State
Board of Funeral Service or upon receipt of an order of a court of competent jurisdiction directing
the disinterment. If the disinterment is not directed pursuant to a court order, the department may not
issue a disinterment permit without the written consent of the surviving spouse, or in the case of a
spouse's absence, death, or incapacity, the next of kin within the same degree of kinship. In the case
of a minor, if the disinterment is not directed pursuant to a court order, the department may not issue
a disinterment permit for the minor without the written consent of the surviving parents. The
Department of Health may promulgate rules pursuant to chapter 1-26 to establish the process for
issuing a disinterment permit that is not directed pursuant to a court order. The disinterment permit
becomes effective as provided in this section. Unless the disinterment permit was issued as the result
of a court order, the department shall, upon issuance of the disinterment permit, notify the affected
cemetery board of directors appointed pursuant to § 7-26-7 or 9-12-18 or the board of county
commissioners of the county in which the disinterment is to occur on the issuance of the permit. The
cemetery board of directors or the board of county commissioners may request the circuit court to
prevent the disinterment. The disinterment permit shall take effect within fifteen days after its
issuance unless the circuit court has ordered otherwise. The disinterment permit authorizes
disinterment, transportation, and reinterment of a dead body or fetus. Authorities in charge of a
cemetery may not transfer bodies buried in one part of the cemetery to another part without the
authority of a disinterment permit.
Source: SL 1996, ch 215, § 2; SL 2003, ch 186, § 7; SL 2009, ch 168, § 1.
34-25-39 Completion of burial permit when no person in charge of cemetery.
34-25-39.
Completion of burial permit when no person in charge of cemetery.
The funeral
director, or person acting as such, when burying a body in a cemetery or burial ground, having no
person in charge, shall complete the burial or removal permit.
Source: SL 1931, ch 267, § 10; SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960,
§ 27.0214 (3); SL 1972, ch 194, § 33.
34-25-40
34-25-40, 34-25-41.
Repealed by SL 1972, ch 194, § 45.
34-25-42 Delayed registration of birth, death, or marriage--Fee.
34-25-42.
Delayed registration of birth, death, or marriage--Fee.
If a birth, death, or marriage
occurring in this state has not been registered within one year from the date of occurrence, a
certificate may be filed in accordance with regulations of the secretary of health, and shall be marked
"delayed" on the face of the certificate. Each applicant for a delayed birth, death, or marriage
certificate shall submit a fifteen dollar fee to the Department of Health for the preparation and filing
of the delayed record.
Source: SL 1931, ch 267, § 16; SDC 1939, § 27.0216; SL 1941, ch 124, § 5; SL 1972, ch 194, § 34;
SL 1978, ch 255, § 3; SL 1991, ch 279, § 2; SL 2005, ch 191, § 1.
34-25-43 Software, blanks and forms supplied by department--Use of forms or exact electronic replic...
34-25-43.
Software, blanks and forms supplied by department--Use of forms or exact
electronic replicas required.
The department shall prepare, print, and supply to all registrars, all
software, blanks and forms used in registering, recording, and preserving the vital records, or in
otherwise carrying out the purposes of this chapter. No blanks or forms may be used other than those
supplied by the department or exact electronic replicas approved by the department.
Source: SDC 1939, § 27.0202; SL 1972, ch 194, § 35; SL 1999, ch 175, § 3; SL 2003, ch 186, § 8.
34-25-44 Blank forms supplied by local registrar--Examination of permit for disposition on presenta...
34-25-44.
Blank forms supplied by local registrar--Examination of permit for disposition on
presentation.
Each local registrar shall supply blank forms of certificates to such persons as require
them. When a permit for disposition is presented for filing, the local registrar shall carefully examine
each permit for disposition, to ascertain whether or not it has been completed in accordance with the
provisions of this chapter and any rules promulgated pursuant to this chapter.
Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1972, ch 194, § 36; SL
2003, ch 186, § 9.
34-25-45 Legibility of records and certificates--Incomplete or illegible certificates not filed.
34-25-45.
Legibility of records and certificates--Incomplete or illegible certificates not filed.
All records and certificates required by this chapter shall be completed electronically, typewritten,
or written legibly in permanent black ink. In case any certificate is not complete or not legible, the
department may not file the same, but shall require the person responsible for the record to prepare
a new record that is complete and legible.
Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1959, ch 129; SL 1972,
ch 194, § 37; SL 2003, ch 186, § 10.
34-25-46 Signing, dating, and numbering of permits for disposition by local registrar.
34-25-46.
Signing, dating, and numbering of permits for disposition by local registrar.
The
local registrar shall sign, date, and number consecutively the permits for disposition filed at the
county office.
Source: SDC 1939, §§ 27.0206, 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 103, § 2; SL 1945, ch
105; SL 1963, ch 149, § 1; SDCL, §§ 34-25-17, 34-25-46; SL 1972, ch 194, § 38; SL 1974, ch 55,
§ 35; SL 1977, ch 285, § 3; SL 1999, ch 175, § 4; SL 2003, ch 186, § 11.
34-25-47
34-25-47 to 34-25-50.
Repealed by SL 1972, ch 194, § 45.
34-25-51 Amendment of vital record--Fee for delayed amendment.
34-25-51.
Amendment of vital record--Fee for delayed amendment.
A vital record may be
amended in accordance with rules promulgated by the department pursuant to chapter 1-26. Each
request for amending a birth, death, or marriage certificate, after one year from the event, shall be
accompanied by an eight dollar fee to the department for amending the record and filing the affidavit.
Source: SDC 1939, § 27.0218; SL 1945, ch 103, § 3; SL 1947, ch 121, § 2; SL 1972, ch 194, § 39;
SL 1978, ch 255, § 4; SL 1991, ch 279, § 3; SL 2001, ch 129, § 2; SL 2005, ch 191, § 2.
34-25-52 Copies of certified or informational records supplied by department or local registrars--A...
34-25-52.
Copies of certified or informational records supplied by department or local
registrars--Application--Time--Fees.
The department or authorized local registrars shall, upon receipt
of an application, issue a certified copy of a vital record to the registrant or the registrant's spouse,
children, parents, guardian, next of kin, or authorized representative. The department may authorize
others to obtain certified copies in response to a demonstration that the record is needed for the
determination or protection of a personal or property right. The department or authorized local
registrars shall upon receipt of an application, issue informational copies to any applicant of any vital
record. The department or authorized local registrar may withhold the immediate issuance of any
certified copy for a period of no longer than three days. The department shall be entitled to a fee
based upon administrative cost as established by the department pursuant to chapter 1-26 for each
search of the files and records. The fee shall be paid in advance by the applicant and shall not be in
addition to the fee hereinbefore provided for the making and certification of the record but shall be
applied in payment thereof if the record is found.
Source: SL 1905, ch 63, § 30; RC 1919, § 9912; SL 1931, ch 267, §§ 17, 20; SL 1937, ch 261; SDC
1939, §§ 27.0215, 27.0220; SL 1943, ch 101; SL 1945, ch 103, § 4; SL 1953, ch 124, § 2; SL 1959,
ch 29, § 2; SDCL, § 34-25-41; SL 1968, ch 115; SL 1972, ch 194, § 40; SL 1980, ch 238, § 26; SL
2005, ch 190, § 3.
34-25-52.1 Copies or data supplied to public or private agencies.
34-25-52.1.
Copies or data supplied to public or private agencies.
Federal, state, local, and
other public or private agencies may, upon request, be furnished copies or data upon such terms or
conditions as may be prescribed by the secretary of health.
Source: SL 1972, ch 194, § 41.
34-25-52.2 Additional fee for copy of birth record--Disposition.
34-25-52.2.
Additional fee for copy of birth record--Disposition.
In addition to the fee
charged an applicant by the Department of Health for supplying a certified copy of the record of any
birth, there shall be levied an additional charge of two dollars for the first copy requested and two
dollars for each additional copy requested. The money collected shall be submitted by the collecting
agency on a monthly basis to the state treasurer to be deposited in the children's trust fund.
Source: SL 1984, ch 194, § 2.
34-25-52.3 Free birth certificate with head start enrollment form.
34-25-52.3.
Free birth certificate with head start enrollment form.
Notwithstanding § 34-25-52, the department shall provide at no cost a certified copy of any child's birth certificate, limited to
one, upon presentation of a copy of a valid head start enrollment form for that child.
Source: SL 1992, ch 247.
34-25-52.4 Uniform forms and procedures for issuance of copies of records--Rules.
34-25-52.4.
Uniform forms and procedures for issuance of copies of records--Rules.
All
forms and procedures used in the issuance of certified and informational copies of vital records shall
be uniform and shall be provided or approved by the state registrar. The department shall promulgate
rules pursuant to chapter 1-26 to determine application requirements for a certified and an
informational copy of a vital record, acceptable proof of identity, and the features required in a
certified or informational copy.
Source: SL 2005, ch 190, § 4.
34-25-52.5 Construction of chapter--Disclosure of specified information on birth, marriage, or divorc...
34-25-52.5.
Construction of chapter--Disclosure of specified information on birth, marriage,
or divorce certificates--Admissibility.
Nothing in this chapter may be construed to permit disclosure
of information contained in the "Information for Medical and Health Use Only" section of the birth
certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or
certificate of divorce unless specifically authorized by the department for statistical or research
purposes. Such data is not subject to subpoena or court order and is not admissible before any court,
tribunal, or judicial body.
Source: SL 2005, ch 190, § 5.
34-25-52.6 Disclosure of information in or inspection or copying of vital record--Authorization of ch...
34-25-52.6.
Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.
To protect the integrity of vital records, ensure their proper use,
and to ensure the efficient and proper administration of the vital records system, no employee of the
state vital records office, local registrar, or deputy registrar may permit inspection of any vital record
or disclose information contained in any vital record or issue a copy of all or part of any such record
unless authorized by this chapter or a court of competent jurisdiction.
Source: SL 2005, ch 190, § 6.
34-25-53
34-25-53.
Repealed by SL 1972, ch 194, § 45.
34-25-54 Certified copies supplied free for military or veterans' claims--Minors participating in s...
34-25-54.
Certified copies supplied free for military or veterans' claims--Minors participating
in sports programs.
No charge may be made for certified copies of birth, death, marriage, adoption,
divorce, or guardianship or conservatorship papers, to a serviceman in or a veteran of any war or
conflict in which the United States has been or hereafter will be engaged, or veteran as defined by
§ 33A-2-1; to the spouse, widow, widower, children, or other dependents of such serviceman or
veteran; to the South Dakota Department of the Military or Department of Veterans Affairs or a
similar agency in any other state; to county veterans' service officers; to the representatives of the
American Red Cross or of nationally chartered veterans' organizations holding power of attorney for
the applicant, when such record or records are required in support of any claim against any agency
of the United States, or any agency or department of state government, and no charge may be made
for the issuance of a certified copy of a birth record, limited to one, to a person under eighteen years
of age who needs such certificate to participate in an organized sports program sponsored by a
patriotic organization.
Source: SL 1931, ch 267, § 20; SL 1937, ch 261; SDC 1939, § 27.0220; SL 1943, ch 101; SL 1945,
ch 103, § 4; SL 1953, ch 124, § 2; SL 1959, ch 29, § 2; SL 1968, ch 115; SL 1986, ch 27, § 35; SL
1993, ch 213, § 229; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18 to 21, eff. Apr. 12, 2011.
34-25-55
34-25-55, 34-25-56.
Repealed by SL 1972, ch 194, § 45.
34-25-57 Violation of requirements as misdemeanor.
34-25-57.
Violation of requirements as misdemeanor.
No person, officer, agent, or employee
of any other person or of any corporation or partnership may:
(1)
Inter, cremate, or otherwise finally dispose of a dead body of a human being or permit the
same to be done or remove the body from the state without authority of a burial or
removal permit;
(2)
Refuse or fail to furnish any information in such person's possession or furnish false
information affecting any certificate or record required by this chapter;
(3)
Intentionally falsify any certificate of birth, death, or burial or removal permit or any
record required by this chapter;
(4)
Being required by this chapter to fill out a certificate of birth or death and file the
certificate with the local registrar or deliver it upon request to any person charged with the
duty of filing the certificate, fail, neglect, or refuse to perform;
(5)
Being an employee of the state vital records office, a local registrar or deputy registrar,
intentionally fail, neglect, or refuse to perform the duty as required by this chapter or by
the rules adopted by the secretary of health or by the instructions and directions of the
department;
(6)
Intentionally make, counterfeit, alter, amend, or mutilate any certificate, record, or report
required by this chapter or a certified copy of the certificate, record, or report for the
purpose of deception;
(7)
Obtain, possess, use, sell, or furnish to another, or attempt to obtain, possess, use, sell, or
furnish to another, any certificate, record, or report, or certified copy thereof, required by
this chapter, whether altered in any manner or not, for any purpose of deception; or
(8)
Possess any certificate, record, or report, or copy thereof, required by this chapter,
knowing that the certificate, record, or report, or copy thereof, was stolen or otherwise
obtained unlawfully.
A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 27.9902; SL 1941, ch 124, § 8; SL 1972, ch 194, § 43; SL 1977, ch 190, § 66;
SL 2000, ch 172, § 1; SL 2005, ch 190, § 7.
34-25-57.1
34-25-57.1.
Repealed by SL 1977, ch 190, § 67.
34-25-57.2 Unintentional issuance of certified copy of vital record fraudulently obtained--Personal l...
34-25-57.2.
Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.
No employee of the state vital records office, local registrar, or deputy registrar
may be held personally liable for any unintentional issuance of any certified copy of any vital record
fraudulently obtained.
Source: SL 2005, ch 190, § 8.
34-25-58 Enforcement and supervisory powers of department--Investigations by secretary.
34-25-58.
Enforcement and supervisory powers of department--Investigations by secretary.
The provisions of this chapter shall be performed and enforced in every part of this state by the State
Department of Health which shall have supervisory power over local registrars and deputy local
registrars, to the end that all requirements of this chapter shall be uniformly complied with. The
secretary of health either personally or by accredited representative shall have authority to investigate
any irregularities or violations of law, and all registrars shall aid him upon request in such
investigations.
Source: SL 1931, ch 267, § 22; SDC 1939, § 27.0222; SL 1972, ch 194, § 44.
34-25-59
34-25-59, 34-25-60.
Repealed by SL 1972, ch 194, § 45.
34-25-61 Severability of provisions.
34-25-61.
Severability of provisions.
If any section, subsection, sentence, clause, or phrase
of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, such
holding or invalidity shall not affect the remaining portions of this chapter; and it shall be construed
to have been the legislative intent to pass this chapter without such unconstitutional, inoperative, or
invalid part therein; or if this chapter or any provision thereof shall be held inapplicable to any
person or persons, property or kind of property, circumstance or set of circumstances, such holding
shall not affect the applicability hereof to any other person, property, or circumstance.
Source: SL 1941, ch 124, § 10; SDC Supp 1960, § 27.0223.
34-25-62 Electronic list of persons married in South Dakota.
34-25-62.
Electronic list of persons married in South Dakota.
Any electronic list of persons
married in South Dakota may be released by the Department of Health or the local register of deeds.
Source: SL 2007, ch 196, § 1.
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