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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : PUBLIC HEALTH AND WELFARE
Chapter : Chapter 193 Vital Statistics
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Sections 193.005 to 193.325 may be cited as the "Uniform Vital
Statistics Law". (L. 1984 S.B. 574)
As used in sections 193.005 to 193.325, unless the context
clearly indicates otherwise, the following terms shall mean:
(1) "Dead body", a human body or such parts of such human body from the
condition of which it reasonably may be concluded that death recently
occurred;
(2) "Department", the department of health and senior services;
(3) "Final disposition", the burial, interment, cremation, removal from
the state, or other authorized disposition of a dead body or fetus;
(4) "Institution", any establishment, public or private, which provides
inpatient or outpatient medical, surgical, or diagnostic care or
treatment or nursing, custodian, or domiciliary care, or to which persons
are committed by law;
(5) "Live birth", the complete expulsion or extraction from its mother of
a child, 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;
(6) "Physician", a person authorized or licensed to practice medicine or
osteopathy pursuant to chapter 334, RSMo;
(7) "Spontaneous fetal death", a noninduced death prior to the complete
expulsion or extraction from its mother of a fetus, 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;
(8) "State registrar", state registrar of vital statistics of the state
of Missouri;
(9) "System of vital statistics", the registration, collection,
preservation, amendment and certification of vital records; the
collection of other reports required by sections 193.005 to 193.325 and
section 194.060, RSMo; and activities related thereto including the
tabulation, analysis and publication of vital statistics;
(10) "Vital records", certificates or reports of birth, death, marriage,
dissolution of marriage and data related thereto;
(11) "Vital statistics", the data derived from certificates and reports
of birth, death, spontaneous fetal death, marriage, dissolution of
marriage and related reports. (L. 1984 S.B. 574, A.L. 2005 S.B. 74 & 49)
The department shall establish an office which shall install,
maintain and operate the only system of vital statistics throughout the
state. The office shall provide for the preservation of its official
records. (L. 1984 S.B. 574)
The department may promulgate rules and regulations for the
purpose of carrying out the provisions of sections 193.005 to 193.325. No
rule or portion of a rule promulgated under the authority of this chapter
shall become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1984 S.B. 574, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3)
1. The department director or his designee shall be the state
registrar of vital statistics.
2. The state registrar shall administer the system of vital statistics
and shall:
(1) Conduct training programs to promote uniformity of policy and
procedures throughout the state;
(2) Prescribe, furnish and distribute such forms as are required by
sections 193.005 to 193.325 and the rules and regulations issued
hereunder, or prescribe such other means for transmission of data as will
accomplish the purposes of complete and accurate reporting and
registration of vital records;
(3) Prepare and publish reports of vital statistics of this state and
such other reports as may be required by department rules;
(4) Provide to the state or local health agencies copies of or data
derived from certificates and reports required under sections 193.005 to
193.325, deemed necessary for state or local health planning and program
activities. The state registrar shall establish a schedule for
transmittal of such copies or data, but such copies or data shall remain
the property of the department and the uses which may be made of them
shall be governed by the state registrar. (L. 1984 S.B. 574)
The state registrar may divide the state into registration
districts which shall conform to political subdivisions or combinations
thereof, or of parts thereof. (L. 1984 S.B. 574)
The state registrar may appoint local registrars, each of whom
shall be a person employed by an official county health agency except as
otherwise herein provided. Each local registrar shall be authorized under
the provisions of section 193.255 and subsection 2 of section 193.265 to
issue certifications of death records. A local registrar, with the
approval of the state registrar, may appoint deputies to carry out some
or all of the responsibilities of the local registrar as provided in
sections 193.005 to 193.325 or the regulations promulgated pursuant
thereto. The local registrars shall immediately report to the state
registrar violations of sections 193.005 to 193.325 or the regulations
promulgated pursuant thereto. In any city not within a county, the state
registrar shall appoint the recorder of deeds for such city as the local
registrar. (L. 1984 S.B. 574, A.L. 1985 S.B. 263, A.L. 2002 S.B. 1132)
1. The forms of certificates and reports required by sections
193.005 to 193.325 or by regulations adopted hereunder shall include as a
minimum the items recommended by the federal agency responsible for
national vital statistics.
2. Each certificate, report, and other document required by sections
193.005 to 193.325 shall be on a form or in a format prescribed by the
state registrar.
3. All vital records shall contain the date received for registration.
4. Information required in certificates or reports authorized by sections
193.005 to 193.325 may be filed and registered by photographic,
electronic, or other means as prescribed by the state registrar.
5. In addition to other personal data required by the registrar to be
entered on a birth certificate, each parent shall furnish to the
registrar the Social Security account number, or numbers if applicable,
issued to the parent unless the registrar finds good cause for not
requiring the furnishing of such number or numbers. Good cause shall be
determined in accordance with regulations established by the Secretary of
the United States Department of Health and Human Services. The registrar
shall make numbers furnished under this section available to the division
of child support enforcement of the department of social services. Such
numbers shall not be recorded on the birth certificate. The division of
child support enforcement shall not use any Social Security number
furnished under the section for any purpose other than for the
establishment and enforcement of child support obligations, and the
confidentiality provisions and penalties contained in section 454.440,
RSMo, shall apply. Nothing in this section shall be construed to prohibit
the department of health and senior services from using Social Security
numbers for statistical purposes. (L. 1984 S.B. 574, A.L. 1990 S.B. 834)
1. A certificate of birth for each live birth which occurs in
this state shall be filed with the local registrar, or as otherwise
directed by the state registrar, within five days after such birth and
shall be registered if such certificate has been completed and filed
pursuant to the provisions of this section.
2. When a birth occurs in an institution or en route to an institution,
the person in charge of the institution or such person's designated
representative shall obtain the personal data, prepare the certificate,
certify that the child was born alive at the place and time and on the
date stated either by signature or an electronic process approved by the
department, and file the certificate pursuant to this section or as
otherwise directed by the state registrar within the required five days.
The physician or other person in attendance shall provide the medical
information required by the certificate and certify to the facts of birth
within five days after the birth. If the physician or other person in
attendance does not certify to the facts of birth within the five-day
period, the person in charge of the institution shall complete the
certificate.
3. When 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;
(2) Any other person in attendance at or immediately after the birth;
(3) The father, the 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.
4. When a birth occurs on a moving conveyance within the United States
and the child is first removed from the conveyance in this state, the
birth shall be registered in this state and such place shall be
considered the place of birth. When a birth occurs on a moving conveyance
while in international waters or air space or in a foreign country or its
air space and the child is first removed from the conveyance in this
state, the birth shall be registered in this state but the certificate
shall show the actual place of birth insofar as can be determined.
5. If the mother was married at the time of either conception or birth,
or 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 been determined otherwise by a court of competent
jurisdiction; or
(2) The mother executes an affidavit attesting that the husband is not
the father and the putative father is the father, and the putative father
executes an affidavit attesting that he is the father, and the husband
executes an affidavit attesting that he is not the father. If such
affidavits are executed, the putative father shall be shown as the father
on the birth certificate and the signed acknowledgment of paternity shall
be considered a legal finding of paternity. The affidavits shall be as
provided for in section 193.215.
6. In any case in which paternity of a child is determined by a court of
competent jurisdiction, the name of the father and surname of the child
shall be entered on the certificate of birth pursuant to the finding and
order of the court.
7. Notwithstanding any other law to the contrary, if a child is born to
unmarried parents, the name of the father and other required information
shall be entered on the certificate of birth only if an acknowledgment of
paternity pursuant to section 193.215 is completed, or if paternity is
determined by a court of competent jurisdiction or by an administrative
order of the family support division.
8. If the father is not named on the certificate of birth, no other
information about the father shall be entered on the certificate.
9. The birth certificate of a child born to a married woman as a result
of artificial insemination, with consent of her husband, shall be
completed pursuant to the provisions of subsection 5 of this section.
10. Either of the parents of the child, or other informant, shall attest
to the accuracy of the personal data entered on the certificate in time
to permit the filing of the certificate within the required five days.
(L. 1984 S.B. 574, A.L. 1997 S.B. 361, A.L. 2005 S.B. 74 & 49)
1. In addition to the requirements of subsection 2 of section
193.085, when a birth occurs to an unmarried mother, whether in an
institution or en route to an institution, the person in charge of the
institution or a designated representative shall:
(1) Provide a form or affidavit prescribed by the state registrar that
may be completed by the child's mother and father to voluntarily
acknowledge paternity of the child pursuant to section 193.215;
(2) File the form, when completed, along with the certificate required by
this section; and
(3) Provide oral and written notice to the affiant required by section
193.215.
2. Any institution, the person in charge or a designated representative
shall be immune from civil or criminal liability for providing the form
or affidavit required by subsection 1 of this section, the information
developed pursuant to that subsection, or otherwise fulfilling the duties
required by subsection 1 of this section.
3. The family support division may contract with the department of health
and senior services to provide assistance and training to the hospital
staff assigned responsibility for providing the information, as
appropriate, to carry out duties pursuant to this section. The family
support division shall develop and distribute free of charge the
information on the rights and responsibilities of parents that is
required to be distributed pursuant to this section. The department of
health and senior services shall provide free of charge to hospitals the
acknowledgment of paternity affidavit, and instructions on the completion
of the affidavit.
4. If no contract is developed with the department of health and senior
services, then the family support division shall provide the assistance
and training activities to hospitals pursuant to subsection 3 of this
section.
5. Any affiant who intentionally misidentifies another person as a parent
may be prosecuted for perjury, pursuant to section 575.040, RSMo.
6. Due to lack of cooperation by public assistance recipients, the family
support division shall either suspend the entire public assistance cash
grant, or remove the needs of the adult recipient of public assistance
from the cash grant, subject to good cause exceptions pursuant to federal
law or regulations. (L. 1994 H.B. 1491 & 1134 § 1 merged with H.B. 1547 &
961 § 8 merged with S.B. 508 § 1, A.L. 1997 S.B. 361, A.L. 2005 S.B. 74 &
49)
1. Whoever assumes the custody of a live born infant of unknown
parentage shall report on a form and in a manner prescribed by the state
registrar within seven days to the local registrar the following
information:
(1) The date and place of finding;
(2) Sex, color or race, and approximate birth date of child;
(3) Name and address of the person or institution with whom the child has
been placed for care;
(4) Name given to the child by the custodian of the child;
(5) Other data required by the state registrar.
2. The place where the child was found shall be entered as the place of
birth.
3. A report registered under this section shall constitute the
certificate of birth for the child.
4. If the child is identified and a certificate of birth is found or
obtained, the report registered under this section shall be placed in a
special file and shall not be subject to inspection except upon order of
a court of competent jurisdiction or as provided by regulation of the
department. (L. 1984 S.B. 574)
1. When a certificate of birth of a person born in this state
has not been filed within the time period provided in section 193.085, a
certificate of birth may be filed in accordance with regulations of the
department and registered subject to such evidentiary requirements as the
department shall by regulation prescribe to substantiate the alleged
facts of birth.
2. Certificates of birth registered one year or more after the date of
birth shall be made on forms prescribed and furnished by the state
registrar, marked "Delayed", and shall show on their face the date of the
delayed registration.
3. A summary statement of the evidence submitted in support of the
delayed registration shall be endorsed on the certificate.
4. When an applicant does not submit the minimum documentation required
in the regulations for delayed registration or when the state registrar
has reasonable cause to question the validity or adequacy of the
applicant's sworn statement or the documentary evidence, and if the
deficiencies are not corrected, the state registrar shall not register
the delayed certificate of birth and shall advise the applicant of the
reasons for this action, and shall further advise the applicant of his or
her right of appeal to a court of competent jurisdiction. (L. 1984 S.B.
574)
1. If a delayed certificate of birth is rejected under the
provisions of section 193.105, a petition signed and sworn to by the
petitioner may be filed with a court of competent jurisdiction for an
order establishing a record of the date and place of the birth and the
parentage of the person whose birth is to be registered.
2. Such petition shall be made on a form prescribed or approved by the
state registrar and shall allege:
(1) That the person for whom a delayed certificate of birth is sought was
born in this state;
(2) That no certificate of birth of such person can be found in the
department or the office of any local custodian of birth certificates;
(3) That diligent efforts by the petitioner have failed to obtain the
evidence required in accordance with section 193.105, and regulations
adopted pursuant thereto;
(4) That the state registrar has refused to register a delayed
certificate of birth;
(5) Such other allegations as may be required.
3. The petition shall be accompanied by a statement of the state
registrar made in accordance with section 193.105 and all documentary
evidence which was submitted to the state registrar in support of such
registration.
4. The court shall fix a time and place for hearing the petition and
shall give the state registrar thirty days' notice of said hearing. The
state registrar or his authorized representative may appear and testify
in the proceeding.
5. If the court finds, from the evidence presented, that the person for
whom a delayed certificate of birth is sought was born in this state, it
shall make findings as to the place and date of birth, parentage, and
such other findings as may be required and shall issue an order, on a
form prescribed or approved by the state registrar, to establish a
certificate of birth. This order shall include the birth data to be
registered, a description of the evidence presented, and the date of the
court's action.
6. The clerk of the court shall forward each such order to the state
registrar not later than the tenth day of the calendar month following
the month in which it was entered. Such order shall be registered by the
state registrar and shall constitute the certificate of birth. (L. 1984
S.B. 574, A.L. 2005 S.B. 74 & 49)
1. For each adoption decreed by a court of competent
jurisdiction in this state, the court shall require the preparation of a
certificate of decree of adoption on a form as prescribed or approved by
the state registrar. The certificate of decree of adoption shall include
such facts as are necessary to locate and identify the certificate of
birth of the person adopted, and shall provide information necessary to
establish a new certificate of birth of the person adopted and shall
identify the court and county of the adoption and be certified by the
clerk of the court. The state registrar shall file the original
certificate of birth with the certificate of decree of adoption and such
file may be opened by the state registrar only upon receipt of a
certified copy of an order as decreed by the court of adoption.
2. Information necessary to prepare the report of adoption shall be
furnished by each petitioner for adoption or the petitioner's attorney.
The social welfare agency or any person having knowledge of the facts
shall supply the court with such additional information as may be
necessary to complete the report. The provision of such information shall
be prerequisite to the issuance of a final decree in the matter by the
court.
3. Whenever an adoption decree is amended or annulled, the clerk of the
court shall prepare a report thereof, which shall include such facts as
are necessary to identify the original adoption report and the facts
amended in the adoption decree as shall be necessary to properly amend
the birth record.
4. Not later than the fifteenth day of each calendar month or more
frequently as directed by the state registrar the clerk of the court
shall forward to the state registrar reports of decrees of adoption,
annulment of adoption and amendments of decrees of adoption which were
entered in the preceding month, together with such related reports as the
state registrar shall require.
5. When the state registrar shall receive a report of adoption, annulment
of adoption, or amendment of a decree of adoption for a person born
outside this state, he or she shall forward such report to the state
registrar in the state of birth.
6. In a case of adoption in this state of a person not born in any state,
territory or possession of the United States or country not covered by
interchange agreements, the state registrar shall upon receipt of the
certificate of decree of adoption prepare a birth certificate in the name
of the adopted person, as decreed by the court. The state registrar shall
file the certificate of the decree of adoption, and such documents may be
opened by the state registrar only by an order of court. The birth
certificate prepared under this subsection shall have the same legal
weight as evidence as a delayed or altered birth certificate as provided
in section 193.235.
7. The department, upon receipt of proof that a person has been adopted
by a Missouri resident pursuant to laws of countries other than the
United States, shall prepare a birth certificate in the name of the
adopted person as decreed by the court of such country. If such proof
contains the surname of either adoptive parent, the department of health
and senior services shall prepare a birth certificate as requested by the
adoptive parents. Any subsequent change of the name of the adopted person
shall be made by a court of competent jurisdiction. The proof of adoption
required by the department shall include a copy of the original birth
certificate and adoption decree, an English translation of such birth
certificate and adoption decree, and a copy of the approval of the
immigration of the adopted person by the Immigration and Naturalization
Service of the United States government which shows the child lawfully
entered the United States. The authenticity of the translation of the
birth certificate and adoption decree required by this subsection shall
be sworn to by the translator in a notarized document. The state
registrar shall file such documents received by the department relating
to such adoption and such documents may be opened by the state registrar
only by an order of a court. A birth certificate pursuant to this
subsection shall be issued upon request of one of the adoptive parents of
such adopted person or upon request of the adopted person if of legal
age. The birth certificate prepared pursuant to the provisions of this
subsection shall have the same legal weight as evidence as a delayed or
altered birth certificate as provided in sections 193.005 to 193.325.
8. If no certificate of birth is on file for the person under twelve
years of age who has been adopted, a belated certificate of birth shall
be filed with the state registrar as provided in sections 193.005 to
193.325 before a new birth record is to be established as result of
adoption. A new certificate is to be established on the basis of the
adoption under this section and shall be prepared on a certificate of
live birth form.
9. If no certificate of birth has been filed for a person twelve years of
age or older who has been adopted, a new birth certificate is to be
established under this section upon receipt of proof of adoption as
required by the department. A new certificate shall be prepared in the
name of the adopted person as decreed by the court, registering adopted
parents' names. The new certificate shall be prepared on a delayed birth
certificate form. The adoption decree is placed in a sealed file and
shall not be subject to inspection except upon an order of the court. (L.
1984 S.B. 574, A.L. 1997 H.B. 343, A.L. 2005 S.B. 74 & 49)
CROSS REFERENCE: Application of law to adoption petitions filed on or
after August 28, 1997, RSMo 453.012
1. The state registrar shall establish a new certificate of
birth for a person born in this state when he or she received the
following:
(1) A certificate of decree of adoption as provided in section 193.125 or
a report of adoption prepared and filed in accordance with the laws of
another state or foreign country, or a certified copy of the decree of
adoption, together with the information necessary to identify the
original certificate of birth and to establish a new certificate of
birth; except that a new certificate of birth shall not be established if
so requested by the court decreeing the adoption, the adoptive parents,
or the adopted person;
(2) A request that a new certificate be established upon such evidence as
required by the department proving that such person has been legitimated.
2. When a new certificate of birth is established, the actual place and
date of birth shall be shown. The new certificate shall be substituted
for the original certificate of birth in the files, and the original
certificate of birth and the evidence of adoptions or legitimation shall
not be subject to inspection except upon order of a court of competent
jurisdiction or as provided by department rules.
3. Upon receipt of a report of an amended decree of adoption, the
certificate of birth shall be amended.
4. Upon receipt of a report or decree of annulment of adoption, the
original certificate of birth shall be restored to its place in the files
and the new certificate and evidence shall not be subject to inspection
except upon order of a court of competent jurisdiction or as provided by
department rules.
5. When a new certificate of birth is established by the state registrar,
all copies of the original certificate of birth in the custody of any
other custodian of vital records in this state shall be sealed from
inspection or forwarded to the state registrar, as he directs. (L. 1984
S.B. 574)
1. A certificate of death for each death which occurs in this
state shall be filed with the local registrar, or as otherwise directed
by the state registrar, within five days after death and shall be
registered if such certificate has been completed and filed pursuant to
this section.
2. If the place of death is unknown but the dead body is found in this
state, the certificate of death shall be completed and filed pursuant to
the provisions of this section. The place where the body is found shall
be shown as the place of death. The date of death shall be the date on
which the remains were found.
3. When death occurs in a moving conveyance in the United States and the
body is first removed from the conveyance in this state, the death shall
be registered in this state and the place where the body is first removed
shall be considered the place of death. When a death occurs on a moving
conveyance while in international waters or air space or in a foreign
country or its air space and the body is first removed from the
conveyance in this state, the death shall be registered in this state but
the certificate shall show the actual place of death if such place may be
determined.
4. The funeral director or person in charge of final disposition of the
dead body shall file the certificate of death. The funeral director or
person in charge of the final disposition of the dead body shall obtain
or verify:
(1) The personal data from the next of kin or the best qualified person
or source available; and
(2) The medical certification from the person responsible for such
certification.
5. The medical certification shall be completed, attested to its accuracy
either by signature or an electronic process approved by the department,
and returned to the funeral director or person in charge of final
disposition within seventy-two hours after death by the physician in
charge of the patient's care for the illness or condition which resulted
in death. In the absence of the physician or with the physician's
approval the certificate may be completed and attested to its accuracy
either by signature or an approved electronic process by the physician's
associate physician, the chief medical officer of the institution in
which death occurred, or the physician who performed an autopsy upon the
decedent, provided such individual has access to the medical history of
the case, views the deceased at or after death and death is due to
natural causes. The state registrar may approve alternate methods of
obtaining and processing the medical certification and filing the death
certificate. The Social Security number of any individual who has died
shall be placed in the records relating to the death and recorded on the
death certificate.
6. When death occurs from natural causes more than thirty-six hours after
the decedent was last treated by a physician, the case shall be referred
to the county medical examiner or coroner or physician or local registrar
for investigation to determine and certify the cause of death. If the
death is determined to be of a natural cause, the medical examiner or
coroner or local registrar shall refer the certificate of death to the
attending physician for such physician's certification. If the attending
physician refuses or is otherwise unavailable, the medical examiner or
coroner or local registrar shall attest to the accuracy of the
certificate of death either by signature or an approved electronic
process within thirty-six hours.
7. If the circumstances suggest that the death was caused by other than
natural causes, the medical examiner or coroner shall determine the cause
of death and shall complete and attest to the accuracy either by
signature or an approved electronic process the medical certification
within seventy-two hours after taking charge of the case.
8. If the cause of death cannot be determined within seventy-two hours
after death, the attending medical examiner or coroner or attending
physician or local registrar shall give the funeral director, or person
in charge of final disposition of the dead body, notice of the reason for
the delay, and final disposition of the body shall not be made until
authorized by the medical examiner or coroner, attending physician or
local registrar.
9. When a death is presumed to have occurred within this state but the
body cannot be located, a death certificate may be prepared by the state
registrar upon receipt of an order of a court of competent jurisdiction
which shall include the finding of facts required to complete the death
certificate. Such a death certificate shall be marked "Presumptive", show
on its face the date of registration, and identify the court and the date
of decree. (L. 1984 S.B. 574, A.L. 1989 S.B. 389, A.L. 1997 S.B. 361,
A.L. 2005 S.B. 74 & 49)
1. When a death occurring in this state has not been registered
within the time period prescribed by section 193.145, a certificate of
death may be filed in accordance with department rules. Such certificate
shall be registered subject to such evidentiary requirements as the
department shall prescribe to substantiate the alleged facts of death.
2. Certificates of death registered one year or more after the date of
death shall be marked "Delayed" and shall show on their face the date of
the delayed registration. (L. 1984 S.B. 574)
1. Each spontaneous fetal death of twenty completed weeks
gestation or more, calculated from the date the last normal menstrual
period began to the date of delivery, or a weight of three hundred fifty
grams or more, which occurs in this state shall be reported within seven
days after delivery to the local registrar or as otherwise directed by
the state registrar.
2. When a dead fetus is delivered in an institution, the person in charge
of the institution or his or her designated representative shall prepare
and file the report.
3. When a dead fetus is delivered outside an institution, the physician
in attendance at or immediately after delivery shall prepare and file the
report.
4. When a spontaneous fetal death required to be reported by this section
occurs without medical attendance at or immediately after the delivery or
when inquiry is required by the medical examiner or coroner, the medical
examiner or coroner shall investigate the cause of spontaneous fetal
death and shall prepare and file the report within seven days.
5. When a spontaneous fetal death occurs in a moving conveyance and the
fetus is first removed from the conveyance in this state or when a dead
fetus is found in this state and the place of the spontaneous fetal death
is unknown, the spontaneous fetal death shall be reported in this state.
The place where the fetus was first removed from the conveyance or the
dead fetus was found shall be considered the place of the spontaneous
fetal death.
6. Notwithstanding any provision of law to the contrary, individuals with
direct and tangible interest, as defined by the department of health and
senior services, may receive the spontaneous fetal death report.
7. In the event of a spontaneous fetal death, regardless of whether such
death occurs before or after August 28, 2004, either parent, or if both
parents are deceased, a sibling of the stillborn child, shall have the
right to file an application with the state registrar and other
custodians of vital records requesting a certificate of birth resulting
in stillbirth. The certificate shall be based upon the information
available from the spontaneous fetal death report filed pursuant to this
section. (L. 1984 S.B. 574, A.L. 1999 S.B. 25, A.L. 2004 H.B. 1136)
1. The funeral director or person acting as such in charge of
final disposition of a dead body shall file a completed notification of
death with the local registrar where the death occurred. Such
notification of death shall be on a form or in a format prescribed and
furnished by the state registrar and shall be filed or postmarked prior
to the date of final disposition of the body. Such notification of death
shall authorize final disposition except as otherwise stated in this
section or in section 193.145. If the body is to be cremated, a completed
death certificate shall be filed with the local registrar prior to
cremation and shall authorize cremation except as stated in section
193.145.
2. The funeral director or person in charge of final disposition of a
dead body shall, prior to the interment of such dead body, affix on the
ankle or wrist of the deceased and/or in a capsule placed in the casket
or, if the dead body is cremated, on the inside of the vessel containing
the remains, a tag encased in durable and long-lasting material
containing the name of the deceased, the date of birth, date of death and
Social Security number of the deceased. (L. 1984 S.B. 574, A.L. 1994 S.B.
553)
1. A report of each marriage performed in this state shall be
filed with the department and shall be registered if it has been
completed and filed in accordance with this section.
2. The official who issues the marriage license shall prepare the report
on the form prescribed and furnished by the state registrar upon the
basis of information obtained from one of the parties to be married.
3. Each person who performs a marriage shall certify the fact of marriage
and return the license to the official who issued the license within
fifteen days after the ceremony. This license shall be signed by the
witnesses to the ceremony. A marriage certificate shall be given to the
parties.
4. Every official issuing marriage licenses shall complete and forward to
the department on or before the fifteenth day of each calendar month the
reports of marriages returned to such official during the preceding
calendar month. (L. 1984 S.B. 574, A.L. 2001 H.B. 157)
Every officer authorized to issue marriage licenses shall be
paid a recording fee of two dollars for each marriage license filed and
reported by him or her to the state registrar. The recording fee shall be
paid by the applicant for the license and be collected together with the
fee for the license. (L. 1984 S.B. 574)
1. A record of each dissolution of marriage and annulment of
marriage granted by any court in this state shall be filed by the clerk
of the court with the department and shall be registered if it has been
completed and filed in accordance with this section. The record shall be
prepared by the petitioner or such petitioner's legal representative on a
form prescribed and furnished by the state registrar and shall be
presented to the clerk of the court with the petition.
2. The clerk of the court shall complete and forward to the department on
or before the fifteenth day of each calendar month the records of each
dissolution of marriage and annulment of marriage decree granted during
the preceding calendar month. (L. 1984 S.B. 574, A.L. 1996 S.B. 869)
Effective 7-1-97
1. A certificate or report registered pursuant to sections
193.005 to 193.325 may be amended only pursuant to the provisions of
sections 193.005 to 193.325, and regulations adopted by the department.
2. A certificate or report that is amended pursuant to this section shall
be marked "Amended" except as otherwise provided in this section. The
date of amendment and a summary description of the evidence submitted in
support of the amendment shall be endorsed on or made part of the record.
3. Upon receipt of a certified copy of an order of a court of competent
jurisdiction changing the name of a person born in this state and upon
request of such person or such person's parents, guardian, or legal
representative, the state registrar shall amend the certificate of birth
to show the new name. The court order shall include such facts as are
necessary to locate and identify the certificate of birth of the person
whose name is being changed.
4. When an applicant does not submit the minimum documentation required
in the regulations for amending a vital record or when the state
registrar has reasonable cause to question the validity or adequacy of
the applicant's sworn statements or the documentary evidence, and if the
deficiencies are not corrected, the state registrar shall not amend the
vital record and shall advise the applicant of the reason for this action
and the applicant's right of appeal to a court of competent jurisdiction.
5. When a certificate or report is amended pursuant to this section, the
state registrar shall report the amendment to any other custodians of the
vital record and their record shall be amended accordingly.
6. Upon written request of both parents and receipt of a sworn
acknowledgment of paternity notarized and signed by both parents of a
child born out of wedlock, the state registrar shall amend the
certificate of birth to show such paternity. The acknowledgment affidavit
form shall be developed by the state registrar and shall include the
minimum requirements prescribed by the secretary of the Department of
Health and Human Services pursuant to 42 U.S.C. Section 652(a)(7). The
acknowledgment form shall include provisions to allow the parents to
change the surname of the child and such surname shall be changed on the
birth record if the parents elect to change the child's surname. The
signature of the parents shall be notarized or the signature shall be
witnessed by at least two disinterested adults whose signatures and
addresses shall be plainly written thereon. The form shall be accompanied
by oral notice, which may be provided through the use of video or audio
equipment, and written notice to the mother and putative father of:
(1) The alternatives to, the legal consequences of, and the rights and
responsibilities that arise from signing the acknowledgment;
(2) The benefits of having the child's paternity established; and
(3) The availability of paternity establishment and child support
enforcement services.
A rescission of acknowledgment form shall be filed with the bureau of
vital records pursuant to section 210.823, RSMo, to vacate the legal
finding of paternity. The bureau shall file all rescissions and forward a
copy of each to the division of child support enforcement. The birth
record shall only be changed pursuant to this subsection upon an order of
the court or the division of child support enforcement.
7. The department shall offer voluntary paternity establishment services.
8. Upon receipt of a certified copy of an order of a court of competent
jurisdiction changing the name of a person born in this state and upon
request of such person or such person's parents, guardian or legal
representative, the state registrar shall amend the certificate of birth
to show the new name.
9. Upon receipt of a certified copy of an order of a court of competent
jurisdiction indicating the sex of an individual born in this state has
been changed by surgical procedure and that such individual's name has
been changed, the certificate of birth of such individual shall be
amended. (L. 1984 S.B. 574, A.L. 1994 H.B. 1491 & 1134 merged with H.B.
1547 & 961 merged with S.B. 508, A.L. 1997 S.B. 361, A.L. 1998 S.B. 910)
To preserve vital records, the state registrar is authorized to
prepare typewritten, photographic, electronic, or other reproductions of
vital statistics certificates or reports. Such reproducing material shall
be of durable material and the device used to reproduce the records shall
be as to accurately reproduce and perpetuate the original records in all
details ensuring their proper retention and integrity in accordance with
standards established by the state records commission. Such reproductions
when certified by the state registrar shall be accepted as the original
records. Death records over fifty years old from which permanent
reproductions have been made and verified shall be transferred to the
Missouri state archives. (L. 1984 S.B. 574, A.L. 2004 H.B. 1634)
The probative value of a delayed or altered certificate shall be
determined by the judicial or administrative body or official before whom
the certificate is offered as evidence. (L. 1984 S.B. 574)
It shall be unlawful for any person to permit inspection of, or
to disclose information contained in, vital records or to copy or issue a
copy of all or part of any such record except as authorized by this law
and by regulation or by order of a court of competent jurisdiction or in
the following situations:
(1) A listing of persons who are born or who die on a particular date may
be disclosed upon request, but no information from the record other than
the name and the date of such birth or death shall be disclosed;
(2) The department may authorize the disclosure of information contained
in vital records for legitimate research purposes;
(3) To a qualified applicant as provided in section 193.255;
(4) Copies of death records over fifty years old may be disclosed upon
request. (L. 1984 S.B. 574, A.L. 1992 H.B. 894, A.L. 2004 H.B. 1634)
1. The state registrar and other custodians of vital records
authorized by the state registrar to issue certified copies of vital
records upon receipt of application shall issue a certified copy of any
vital record in his custody or a part thereof to any applicant having a
direct and tangible interest in the vital record. Each copy issued shall
show the date of registration, and copies issued from records marked
"Delayed" or "Amended" shall be similarly marked and show the effective
date. The documentary evidence used to establish a delayed certificate
shall be shown on all copies issued. All forms and procedures used in the
issuance of certified copies of vital records in the state shall be
provided or approved by the state registrar.
2. A certified copy of a vital record or any part thereof, issued in
accordance with subsection 1 of this section, shall be considered for all
purposes the same as the original and shall be prima facie evidence of
the facts stated therein, provided that the evidentiary value of a
certificate or record filed more than one year after the event, or a
record which has been amended, shall be determined by the judicial or
administrative body or official before whom the certificate is offered as
evidence.
3. The federal agency responsible for national vital statistics may be
furnished such copies or data from the system of vital statistics as it
may require for national statistics, provided such federal agency share
in the cost of collecting, processing, and transmitting such data, and
provided further that such data shall not be used for other than
statistical purposes by the federal agency unless so authorized by the
state registrar.
4. Federal, state, local and other public or private agencies may, upon
request, be furnished copies or data of any other vital statistics not
obtainable under subsection 1 of this section for statistical or
administrative purposes upon such terms or conditions as may be
prescribed by regulation, provided that such copies or data shall not be
used for purposes other than those for which they were requested unless
so authorized by the state registrar.
5. The state registrar may, by agreement, transmit copies of records and
other reports required by sections 193.005 to 193.325 to offices of vital
statistics outside this state when such records or other reports relate
to residents of those jurisdictions or persons born in those
jurisdictions. This agreement shall require that the copies be used for
statistical and administrative purposes only, and the agreement shall
further provide for the retention and disposition of such copies. Copies
received by the department from offices of vital statistics in other
states shall be handled in the same manner as prescribed in this section.
6. No person shall prepare or issue any certificate which purports to be
an original, certified copy, or copy of a vital record except as
authorized herein or by regulations adopted hereunder.
7. Upon application from either parent, or if both parents are deceased,
the sibling of the stillborn child, pursuant to subsection 7 of section
193.165, the state registrar or other custodians of vital records shall
issue to such applicant a certificate of birth resulting in stillbirth.
The certificate shall be based upon the information available from the
spontaneous fetal death report filed pursuant to section 193.165. Any
certificate of birth resulting in stillbirth issued shall conspicuously
include, in no smaller than twelve-point type, the statement "This is not
proof of a live birth.". No certificate of birth resulting in stillbirth
shall be issued to any person other than a parent, or if both parents are
deceased, the sibling of the stillborn child who files an application
pursuant to section 193.165. The state registrar or other custodians of
vital records are* authorized to charge a minimal fee to such applicant
to cover the actual costs of providing the certificate pursuant to this
section.
8. Any parent, or if both parents are deceased, any sibling of the
stillborn child may file an application for a certificate of birth
resulting in stillbirth for a birth that resulted in stillbirth prior to
August 28, 2004. (L. 1984 S.B. 574, A.L. 2004 H.B. 1136)
*Word "is" appears in original rolls.
1. For the issuance of a certification or copy of a death
record, the applicant shall pay a fee of thirteen dollars for the first
certification or copy and a fee of ten dollars for each additional copy
ordered at that time. For the issuance of a certification or copy of a
birth, marriage, divorce, or fetal death record, the applicant shall pay
a fee of fifteen dollars. All fees shall be deposited to the state
department of revenue. Beginning August 28, 2004, for each vital records
fee collected, the director of revenue shall credit four dollars to the
general revenue fund, five dollars to the children's trust fund, one
dollar shall be credited to the endowed care cemetery audit fund, and
three dollars for the first copy of death records and five dollars for
birth, marriage, divorce, and fetal death records shall be credited to
the Missouri public services health fund established in section 192.900,
RSMo. Money in the endowed care cemetery audit fund shall be available by
appropriation to the division of professional registration to pay its
expenses in administering sections 214.270 to 214.410, RSMo. All interest
earned on money deposited in the endowed care cemetery audit fund shall
be credited to the endowed care cemetery fund. Notwithstanding the
provisions of section 33.080, RSMo, to the contrary, money placed in the
endowed care cemetery audit fund shall not be transferred and placed to
the credit of general revenue until the amount in the fund at the end of
the biennium exceeds three times the amount of the appropriation from the
endowed care cemetery audit fund for the preceding fiscal year. The money
deposited in the public health services fund under this section shall be
deposited in a separate account in the fund, and moneys in such account,
upon appropriation, shall be used to automate and improve the state vital
records system, and develop and maintain an electronic birth and death
registration system which shall be implemented no later than December 31,
2009. For any search of the files and records, when no record is found,
the state shall be entitled to a fee equal to the amount for a
certification of a vital record for a five-year search to be paid by the
applicant. For the processing of each legitimation, adoption, court order
or recording after the registrant's twelfth birthday, the state shall be
entitled to a fee equal to the amount for a certification of a vital
record. Except whenever a certified copy or copies of a vital record is
required to perfect any claim of any person on relief, or any dependent
of any person who was on relief for any claim upon the government of the
state or United States, the state registrar shall, upon request, furnish
a certified copy or so many certified copies as are necessary, without
any fee or compensation therefor.
2. For the issuance of a certification of a death record by the local
registrar, the applicant shall pay a fee of thirteen dollars for the
first certification or copy and a fee of ten dollars for each additional
copy ordered at that time. For the issuance of a certification or copy of
a birth, marriage, divorce, or fetal death record, the applicant shall
pay a fee of fifteen dollars. All fees shall be deposited to the official
city or county health agency. A certified copy of a death record by the
local registrar can only be issued within twenty-four hours of receipt of
the record by the local registrar. Computer-generated certifications of
death records may be issued by the local registrar after twenty-four
hours of receipt of the records. The fees paid to the official county
health agency shall be retained by the local agency for local public
health purposes. (L. 1984 S.B. 574, A.L. 1985 S.B. 263, A.L. 1990 H.B.
1079, A.L. 1992 H.B. 894, A.L. 1999 H.B. 343, A.L. 2004 H.B. 795, et al.)
1. Every person in charge of an institution shall keep a record
of data concerning each person admitted or confined to such institution
as may be required for the filing of a certificate of birth and death or
report of spontaneous fetal death which occurs in the institution. The
record shall be made from information provided by the person being
admitted or confined, but when it cannot be so obtained, the information
shall be obtained from relatives or other persons acquainted with the
facts. The name and address of the person providing the information shall
be a part of the record.
2. When a dead body or dead fetus is released or disposed of by an
institution, the person in charge of the institution shall keep a record
showing the name of the decedent, date of death, name and address of the
person to whom the body or fetus is released, and the date of removal
from the institution. If final disposition is made by the institution,
the date, place, and manner of disposition shall also be recorded.
3. A funeral director, embalmer, sexton, or other person who removes from
the place of death, transports, or makes final disposition of a dead body
or fetus, in addition to filing any certificate or other report required
by sections 193.005 to 193.325, or regulations promulgated hereunder,
shall keep a record which shall identify the body, and such information
pertaining to his receipt, removal, delivery, burial, or cremation of
such body as may be required by regulations adopted by the department.
4. Records maintained under this section shall be retained for a period
of not less than five years and shall be made available for inspection by
the state registrar or his designee upon demand.
5. Any person having knowledge of the facts shall furnish such
information as he may possess regarding any birth, death, spontaneous
fetal death, marriage, or dissolution of marriage upon demand of the
state registrar. (L. 1984 S.B. 574)
Local registrars shall transmit all certificates and reports
filed with them to the state registrar in accordance with regulations of
the department. (L. 1984 S.B. 574)
1. Each local registrar shall be paid the sum of two dollars for
each complete birth, death, spontaneous fetal death certificate
transmitted by him or her to the state registrar in accordance with the
regulations of the department. In case no birth, death or spontaneous
fetal death was registered during any calendar month, the local registrar
shall so report.
2. In cities or counties having a population of one hundred thousand or
over, where health officers are conducting effective registration of
births and deaths under local ordinances in accordance with this law,
such officers being continued as registrars in and for such cities or
counties as provided in this law, and being paid by such cities or
counties salaries for their official services, said officers shall not be
entitled to nor have power to collect any fee provided for in this
section, but such salaries shall be in full compensation also for their
services as registrars; provided that such cities or counties shall
provide the office accommodations, clerical help, office furnishings and
supplies necessary to enable such officer to properly perform the duties
of registrar. (L. 1984 S.B. 574)
Upon certification by the state registrar to the commissioner of
administration, the fees of local registrars shall be paid by the
commissioner of administration out of funds appropriated to him for that
purpose. (L. 1984 S.B. 574)
1. Any person who knowingly makes any false statement in a
certificate, record, or report required by sections 193.005 to 193.325 or
in an application for an amendment thereof, or in an application for a
certified copy of a vital record, or who knowingly supplies false
information intending that such information be used in the preparation of
any such report, record, or certificate, or amendment thereof shall be
guilty of a class D felony.
2. Any person who, without lawful authority and with the intent to
deceive, makes, counterfeits, alters, amends, or mutilates any
certificate, record, or report required by sections 193.005 to 193.325,
certified copy of such certificate, record, or report shall be guilty of
a class D felony.
3. Any person who knowingly obtains, possesses, uses, sells, furnishes or
attempts to obtain, possess, use, sell, or furnish to another, for any
purpose of deception, any certificate, record, or report required by
sections 193.005 to 193.325 or certified copy thereof so made,
counterfeited, altered, amended, or mutilated, or which is false in whole
or in part or which relates to the birth of another person, whether
living or deceased, shall be guilty of a class D felony.
4. Any employee of the department or involved with the system of vital
statistics who knowingly furnishes or processes a certificate of birth,
or certified copy of a certificate of birth, with the knowledge or
intention that it be used for the purposes of deception shall be guilty
of a class D felony.
5. Any person who without lawful authority possesses any certificate,
record, or report, required by sections 193.005 to 193.325 or a copy or
certified copy of such certificate, record, or report knowing same to
have been stolen, or otherwise unlawfully obtained, shall be guilty of a
class D felony.
6. Any person who knowingly refuses to provide information required by
sections 193.005 to 193.325, or regulations adopted hereunder, shall be
guilty of a class A misdemeanor.
7. Any person who knowingly neglects or violates any of the provisions of
sections 193.005 to 193.325 or refuses to perform any of the duties
imposed upon him by sections 193.005 to 193.325 shall be guilty of a
class A misdemeanor. (L. 1984 S.B. 574)
The provisions of sections 193.005 to 193.325 apply to all
certificates of birth, death, marriage and reports of dissolution of
marriage and spontaneous fetal death received by the department and in
the custody of the state registrar or any other custodian of vital
records prior to August 13, 1984. (L. 1984 S.B. 574, A.L. 1993 S.B. 52)
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