An Act Regarding the Filing of Birth, Death and Marriage Data
Maine Legislature, Session 125, LD 1627
Committee: Health and Human Services
Sponsors: McCORMICK, STRANG BURGESS
Amends: 19-A MRSA §651, 22 MRSA §2702, 22 MRSA §2703, 22 MRSA §2704, 22 MRSA §2763, 22 MRSA §2764

Legislative Document 
No. 1627 
S.P. 537 
In Senate, December 20, 2011 
An Act Regarding the Filing of Birth, Death and Marriage Data 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2011.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator McCORMICK of Kennebec. 
Cosponsored by Representative STRANG BURGESS of Cumberland. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §651, sub-§2, as amended by PL 1997, c. 537, §12 and 
affected by §62, is further amended to read: 
2.  Application.  The parties wishing to record notice of their intentions of marriage 
shall submit an application for recording notice of their intentions of marriage.  The 
application must include a signed certification that the information recorded on the 
application is correct and that the applicant is free to marry according to the laws of this 
State.  The applicant's signature must be acknowledged before an official authorized to 
take oaths.  Applications recording notice of intentions to marry must be open for public 
inspection in the office of the clerk are confidential and are not open for public inspection 
for 50 years from the date of the application, except that the names of the persons for 
whom intentions to marry are filed and the intended date of marriage are public records 
and open for public inspection.  When the application is submitted, the applicant shall 
provide the clerk with the social security numbers of the parties.  The application must 
include a statement that the social security numbers of the parties have been provided to 
the clerk.  The clerk shall record the social security numbers provided by each applicant.  
The record of the social security numbers is confidential and is not open for public 
inspection. 
Sec. 2.  22 MRSA §2702, sub-§3, as amended by PL 2009, c. 601, §6, is further 
amended to read: 
3.  Transmittal of certificates to other municipalities.  Except as authorized by the 
state registrar or except if the birth is registered or will be registered on the electronic 
birth registration system implemented by the state registrar, when the parents of any child 
born are residents of any other municipality in this State, the clerk of the municipality 
where that live birth occurred shall transmit a copy of the certificate of the live birth to 
the clerk of the municipality where the parents reside. 
Sec. 3.  22 MRSA §2703, as amended by PL 2009, c. 601, §8, is further amended 
to read: 
§2703.  Birth in unincorporated place 
When a birth occurs in an unincorporated place, it must be reported to the a 
municipal clerk in the municipality that is nearest to the place at which the birth took 
place as specified by the state registrar and must be recorded, or registered in the 
electronic birth registration system, by the municipal clerk to whom the report is made.  
All such reports and records must be made and recorded and returned forwarded to the 
state registrar. 
Sec. 4.  22 MRSA §2704, as amended by PL 2009, c. 601, §9, is further amended 
to read: 
§2704.  Registration of births and deaths at Togus 
Certificates of live births, deaths and fetal deaths occurring at the United States 
Department of Veterans Affairs at federal facility known as Togus must be filed directly 
with the state registrar. The state registrar shall forward copies of all such certificates of 
live birth, death and fetal death to the clerk of the municipality where the parents of the 
child reside. 
Sec. 5.  22 MRSA §2763, first ¶ is amended to read: 
Whoever assumes the custody of a child of unknown parentage shall immediately 
report to the local town or city clerk Office of Data, Research and Vital Statistics in 
writing:  
Sec. 6.  22 MRSA §2764, sub-§§1 and 2 are amended to read: 
1.  Certificate of live birth.  A certificate of live birth on the prescribed form shall 
must be filed with the clerk of the municipality where birth occurred Office of Data, 
Research and Vital Statistics if the date of filing is more than 7 days but not more than 7 
years one year after the date of birth. The state registrar may prescribe the evidence of the 
facts of birth to be presented in the event none of the persons specified in section 2761 
are available to sign the certificate. 
2.  Delayed registration of birth.  When the birth occurred more than 7 years one 
year prior to the date of filing, it shall must be registered on a form entitled "Delayed 
Registration of Birth." The form shall must provide for the following information and 
such other data as may be required by the department:  
A.  A statement by the applicant including the name and sex of the person whose 
birth is to be registered, the place and date of birth, the name and birthplace of the 
father, and the maiden name and birthplace of the mother;  
B.  The signature of the registrant, or a parent or guardian if the registrant is under 15 
years of age or is mentally incompetent;  
C.  The signature of the registrant shall must be acknowledged before an official 
authorized to take oaths;  
D.  A description of each document submitted in support of the delayed birth 
registration; and  
E.  The date of filing.  
Sec. 7.  22 MRSA §2764, sub-§3, ¶A is amended to read: 
A.  If the birth occurred more than 7 one year but less than 15 years prior to the date 
of filing, the facts of birth stated by the applicant shall must be supported by at least 2 
documents, only one of which may be an affidavit of personal knowledge; or  
Sec. 8.  22 MRSA §2764, sub-§5 is amended to read: 
5.  Attested copy to municipality.  After the delayed birth registration has been 
accepted, the state registrar shall forward a certified an attested copy to the clerk of the 
municipality where the birth occurred or, in case of a birth in an unincorporated place, to 
the municipal clerk specified by the state registrar. 
SUMMARY 
This bill expedites electronic filing of vital records and protects persons named in 
vital records from identity theft and fraud by closing to public inspection filed notices of 
intentions to marry for the same time frame that marriage certificates are closed, except 
for the names of the persons who intend to marry and the intended date of marriage.  The 
bill helps align state law regarding the delayed filing of records with the requirements of 
the Federal Government.