26-2-22 - Inspection of vital records.
26-2-22. Inspection of vital records.
(1) (a) The vital records shall be open to inspection, but only in compliance with theprovisions of this chapter, department rules, and Section 78B-6-144.
(b) It is unlawful for any state or local officer or employee to disclose data contained invital records contrary to this chapter or department rule.
(c) A custodian of vital records may permit inspection of a vital record or issue acertified copy of a record or a part of a record when the custodian is satisfied that the applicanthas demonstrated a direct, tangible, and legitimate interest.
(2) A direct, tangible, and legitimate interest in a vital record is present only if:
(a) the request is from:
(i) the subject;
(ii) a member of the subject's immediate family;
(iii) the guardian of the subject;
(iv) a designated legal representative of the subject; or
(v) a person, including a child-placing agency as defined in Section 78B-6-103, withwhom a child has been placed pending finalization of an adoption of the child;
(b) the request involves a personal or property right of the subject of the record;
(c) the request is for official purposes of a state, local, or federal governmental agency;
(d) the request is for a statistical or medical research program and prior consent has beenobtained from the state registrar; or
(e) the request is a certified copy of an order of a court of record specifying the record tobe examined or copied.
(3) For purposes of Subsection (2):
(a) "immediate family member" means a spouse, child, parent, sibling, grandparent, orgrandchild;
(b) a designated legal representative means an attorney, physician, funeral servicedirector, genealogist, or other agent of the subject or the subject's immediate family who has beendelegated the authority to access vital records;
(c) except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent, orthe immediate family member of a parent, who does not have legal or physical custody of orvisitation or parent-time rights for a child because of the termination of parental rights pursuantto Title 78A, Chapter 6, Juvenile Court Act of 1996, or by virtue of consenting to orrelinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act,may not be considered as having a direct, tangible, and legitimate interest; and
(d) a commercial firm or agency requesting names, addresses, or similar information maynot be considered as having a direct, tangible, and legitimate interest.
(4) Upon payment of a fee established in accordance with Section 63J-1-504, thefollowing records shall be available to the public:
(a) except as provided in Subsection 26-2-10(4)(b), a birth record, excluding confidentialinformation collected for medical and health use, if 100 years or more have passed since the dateof birth;
(b) a death record if 50 years or more have passed since the date of death; and
(c) a vital record not subject to Subsection (4)(a) or (b) if 75 years or more have passedsince the date of the event upon which the record is based.
Amended by Chapter 183, 2009 General Session