An Act Relating to Access to Vital Records
Maine Legislature, Session 125, LD 0258
Committee: Health and Human Services
Sponsors: SANDERSON, HARVELL, MORISSETTE
Amends: 22 MRSA §2706

Legislative Document 
No. 258 
H.P. 211 
House of Representatives, February 1, 2011 
An Act Relating to Access to Vital Records 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Representatives: HARVELL of Farmington, MORISSETTE of Winslow. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2706, as amended by PL 2009, c. 601, §12, is further amended 
to read: 
§2706.  Disclosure of vital records 
Custodians of certificates and records of birth, marriage and death may shall permit 
inspection of records, or issue certified or informational copies of certificates or records, 
or any parts thereof, when satisfied that the applicant therefor has a direct and legitimate 
interest in the matter recorded, the decision of the state registrar or the clerk of a 
municipality being subject to review by the Superior Court, under the limitations of this 
section.  
2.  Statistical research.  The state registrar may permit the use of data contained in 
vital records for purposes of statistical research. Such data may not be used in a manner 
that will identify any individual.  
3.  National statistics.  The national agency responsible for compiling national vital 
statistics may be furnished such copies or data as it may require for national statistics. 
The State must be reimbursed for cost of furnishing such copies or data, and such data 
may not be used in a manner that will identify any individual, except as authorized by the 
state registrar.  
4.  Unlawful disclosure of data.  It is unlawful for any employee of the State or of 
any municipality in the State to disclose data contained in such records, except as 
authorized in this section and except that a clerk of a municipality may cause to be 
printed in the annual town report the births reported within the year covered by the report, 
by number of births and location by city or town where birth occurred, deaths reported 
within the year covered by the report, by date of death, name, age and location by city or 
town where death occurred, and marriages reported within the year covered by the report 
by names of parties and date of marriage. All other details of birth, marriage, divorce or 
death may not be available to the general public, except as specified in department rules. 
5.  Records disclosed.  Vital records of a person must be made available at any 
reasonable time upon that person's request or the request of that person's spouse, 
registered domestic partner, descendants or collateral descendants, parents or guardians, 
grandparents, genealogists or that person's duly designated attorney or agent or attorney 
for an agent designated by that person or by a court having jurisdiction over that person 
whether the request be made in person, by mail, by telephone or otherwise, if the state 
registrar is satisfied as to the identity of the requester and, if an attorney or agent, if the 
state registrar is satisfied as to the attorney attorney's or agent's authority to act as that 
person's agent or attorney.  If the agent or attorney has been appointed by a court of 
competent jurisdiction, or the attorney attorney's or agent's appearance for the person is 
entered therein, the state registrar shall upon request so ascertain by telephone call to the 
register, clerk or recorder of the court, and this must be deemed sufficient justification to 
compel compliance with the request for the record.  The state registrar shall, as soon as 
possible, designate persons in the Office of Data, Research and Vital Statistics who may 
act in the state registrar's absence or, in case of the state registrar's disqualification, to 
carry out the intent of this subsection. A record of birth, death, fetal death, marriage, 
divorce or domestic partner registration may be disclosed as necessary for the department 
to carry out its responsibilities. 
6.  Address Confidentiality Program.  Access to vital records may be further 
restricted within the parties listed in subsection 5 according to procedures of the Address 
Confidentiality Program under Title 5, section 90-B. 
7.  Public records.  After 100 years from the date of birth for birth certificates, after 
years from the date of death for fetal death certificates and death certificates, after 
years from the date of marriage for marriage certificates and after 100 years from the 
registration of domestic partnerships, any person may obtain informational copies of 
these vital records in accordance with the department's rules. Any person may inspect, 
transcribe or abstract birth certificates, fetal death certificates, death certificates, marriage 
certificates and registrations of domestic partnerships created after 1893 in accordance 
with the department’s rules, except as specified in subsection 6. 
8.  Genealogical research.  Custodians of certificates and records of birth, marriage 
and death may permit inspection of records by and issue noncertified copies to 
researchers engaged in genealogical research who hold researcher identification cards, as 
specified by rule adopted by the department.  The department shall adopt rules to 
implement this subsection. Rules adopted by the department pursuant to this subsection 
are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill makes more accessible to the public birth records, marriage records, 
domestic partnership registrations and death records while maintaining safeguards 
regarding certified copies of those records.