An Act Regarding the Law Governing the Disclosure of Vital Records
Maine Legislature, Session 129, LD 1695
Committee: Health and Human Services
Sponsors: MIRAMANT
Amends: 22 MRSA §2706

Legislative Document
No. 1695
S.P. 560
In Senate, May 7, 2019
An Act Regarding the Law Governing the Disclosure of Vital 
Records
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2706, as amended by PL 2015, c. 393, §1, is further amended 
to read:
§2706.  Disclosure of vital records
Custodians of certificates and records of birth, marriage and death shall permit 
inspection of records, or issue certified or noncertified copies of certificates or records, or 
any parts thereof, when satisfied that the applicant 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 upon request.  
Custodians of certificates and records of birth, marriage and death shall issue certified 
copies of certificates or records, or any parts thereof, to those persons specified in 
subsection 5.
For the purposes of this section, "inspection" includes visual and physical access to 
the original certificate or record when no alternative method of inspection is available.  
The state registrar or municipal clerk shall require that original, paper certificates or 
records be handled in accordance with rules adopted by the department, which are routine 
technical rules pursuant to Title 5, chapter 375, subchapter 2-A, designed to protect the 
physical integrity and condition of the certificates and records.
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 vital 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 
subsections 5 and 7.
5.  Records disclosed.  Certified or noncertified copies of 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, descendant, parent or guardian, 
grandparent, sibling, stepparent, stepchild, aunt, uncle, niece, nephew, mother-in-law, 
father-in-law, personal representative 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'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'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.  Certified or noncertified copies of the death 
certificate of a minor's parent must be made available at any reasonable time upon the 
request of that minor's living parent, as defined in Title 19-A, section 1832, subsection 
13, if the requester's parental rights with respect to that minor have not been terminated 
and the state registrar is satisfied as to the identity of the requester.  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 75 years from the date of birth for birth certificates, after 
years from the date of death for fetal death certificates, after 25 years from the date of 
death for death certificates, after 50 years from the date of marriage for marriage 
certificates and after 50 years from the registration of domestic partnerships, any 
Certificates and records of birth, marriage, intentions to marry, domestic partnerships and 
death, including fetal death, are open to the public without restriction.  Any person may 
obtain inspect and purchase noncertified copies of these vital records in accordance with 
the department's rules.  Certified copies of these records may be purchased only by those 
persons specified in subsection 5.  Certificates and records of birth, marriage, intentions 
to marry and death, including fetal death, created prior to 1892 are open to the public 
without restriction.  All persons may purchase a copy on municipal letterhead or a 
noncertified copy of a vital record created prior to 1892.
8.  Genealogical research.  Custodians of certificates and records of birth, marriage 
and death, including applications regarding notice of intentions to marry, shall 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.
9.  Indices.  Indices to certificates and records of birth, marriage, intentions to marry, 
domestic partnerships and death, including fetal death, at the municipal and state levels 
are open to the public without restriction.
The state registrar shall enter into a long-term nonexclusive contract with a private entity 
experienced in maintaining genealogical research databases to create, maintain and 
update at no direct cost to the State an online index to records of birth, marriage, 
intentions to marry, domestic partnerships and death, including fetal death, in exchange 
for allowing the private entity to also provide that index to its subscribers and customers.  
The online index must include the names of persons appearing on the certificate or 
record, the municipality in which the certificate or record was recorded, the date of the 
event and the certificate number for the certificate or record number for the record.
SUMMARY
This bill makes the following changes to the laws governing vital records.
1.  It provides that certificates and records of birth, marriage, intentions to marry, 
domestic partnerships and death, including fetal death, are open to the public without 
restriction.  It allows any person to inspect and purchase noncertified copies of these vital 
records.  Certified copies of these records may be purchased only by those persons 
specified in law.
2.  It provides that inspection of certificates and records includes visual and physical 
access to the original certificate or record when no alternative method of inspection is 
available, subject to rules designed to protect the physical integrity and condition of the 
certificates and records.
3.  It provides that indices to certificates and records of birth, marriage, intentions to 
marry, domestic partnerships and death, including fetal death, at the municipal and state 
levels are open to the public without restriction.
4.  It directs the State Registrar of Vital Statistics to enter into a long-term 
nonexclusive contract with a private entity experienced in maintaining genealogical 
research databases to create, maintain and update at no direct cost to the State an online 
index to records of birth, marriage, intentions to marry, domestic partnerships and death, 
including fetal death, in exchange for allowing the private entity to also provide that 
index to its subscribers and customers.  The online index must include the names of 
persons appearing on the certificate or record, the municipality in which the certificate or 
record was recorded, the date of the event and the certificate number for the certificate or 
record number for the record.