reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-6.1 - [Repealed] Civil and professional penalties for violations; prerequisites for seeking penalties

Repealed by 2019 Ga. Laws 234,§ 9, eff. 1/1/2020.
Amended by 2012 Ga. Laws 631,§; 4, eff. 1/1/2013.
Amended by 2009 Ga. Laws 243,§; 2, eff. 7/1/2009.
Added by 2007 Ga. Laws 207,§; 6, eff. 7/1/2007.
Permanent injunction barring enforcement of Ga. Laws 234 granted by SisterSong Women of Color Reproductive Justice Collective v. Kemp, 472 F. Supp.3d 1297 (N.D. Ga. 2020).
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-7 - Preservation of patient anonymity in civil proceedings

In any civil proceeding or action relating to this chapter or a breach of duty under this chapter, the court shall rule whether the anonymity of any female upon whom an abortion has been performed shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest, and why no reasonable less restrictive alternative exists. This Code section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
Added by 2005 Ga. Laws 400,§ 6, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9A - WOMAN'S RIGHT TO KNOW ACT (§§ 31-9A-1 — 31-9A-8) › Section 31-9A-8 - Severability

If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this chapter or the application thereof to any person or circumstance is found to be unconstitutional, the same is declared to be severable, and the balance of this chapter shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this chapter and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional.
Added by 2005 Ga. Laws 400,§ 6, eff. 5/10/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9B - DETERMINATION OF GESTATIONAL AGE (§§ 31-9B-1 — 31-9B-3) › Section 31-9B-1 - Definitions

As used in this chapter, the term:
(1)
"Abortion" has the meaning provided by Code Section
31-9A-2
.
(2)
"Medical emergency" has the meaning provided by Code Section
31-9A-2
.
(3)
"Medically futile" means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth.
(4)
"Physician" has the meaning provided by Code Section
31-9A-2
.
(5)
"Probable gestational age of the unborn child" means what will, in reasonable medical judgment and with reasonable probability, be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced, as dated from the time of fertilization of the human ovum.
(6)
"Reasonable medical judgment" means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
(7)
"Unborn child" has the meaning provided by Code Section
31-9A-2
.
Added by 2012 Ga. Laws 631,§ 3, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9B - DETERMINATION OF GESTATIONAL AGE (§§ 31-9B-1 — 31-9B-3) › Section 31-9B-2 - Requirement to determine presence of detectable human heartbeat of unborn child

(a)
Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or attempted to be performed unless the physician performing such procedure has first made a determination of the presence of a detectable human heartbeat, as such term is defined in Code Section
1-2-1
, of an unborn child.
(b)
In addition to any criminal or civil penalties provided by law, failure by any physician to conform to any requirement of this Code section constitutes unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section
43-34-8
relating to medical licensing sanctions.
Amended by 2019 Ga. Laws 234,§ 10, eff. 1/1/2020.
Added by 2012 Ga. Laws 631,§ 3, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 9B - DETERMINATION OF GESTATIONAL AGE (§§ 31-9B-1 — 31-9B-3) › Section 31-9B-3 - Required reporting of physicians and departments; confidentiality; failure to comply

(a)
Any physician who performs or attempts to perform an abortion shall report to the department, in conjunction with the reports required under Code Section
31-9A-6
and in accordance with forms and rules and regulations adopted and promulgated by the department:
(1)
If a detectable human heartbeat, as such term is defined in Code Section
1-2-1
, exists, the probable gestational age, and the method and basis of the determination;
(2)
If a detectable human heartbeat, as such term is defined in Code Section
1-2-1
, exists, the basis of the determination that the pregnant woman had a medically futile pregnancy, that a medical emergency existed, or that the pregnancy was the result of rape or incest; and
(3)
The method used for the abortion.
(b)
By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each such report shall also provide the statistics for all previous calendar years during which this Code section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed.
(c)
The department shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50.
(d)
Any physician who fails to submit a report by the end of the grace period of 30 days following the due date shall be subject to sanctions as specified in subsection (e) of Code Section
31-9A-6
.
(e)
The department shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section.
Amended by 2019 Ga. Laws 234,§ 11, eff. 1/1/2020.
Added by 2012 Ga. Laws 631,§ 3, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-2 - Maintenance and operation of vital records registration system

There is hereby established within the department the State Office of Vital Records which shall maintain and operate the state's official vital records registration system. The system shall be in effect in all areas of the state, and the State Office of Vital Records shall provide for proper administration of the system and preservation of its records.
Amended by 2004 Ga. Laws 522, § 2, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-3 - Rules and regulations

The department is authorized to adopt, amend, and repeal rules and regulations for the purpose of carrying out the provisions of this chapter.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-4 - Appointment of state registrar of vital records

The commissioner shall appoint the state registrar of vital records, hereinafter referred to as "state registrar," subject to the rules and regulations of the State Personnel Board, classified service.
Amended by 2012 Ga. Laws 630,§ 2-41, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 2, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-5 - Duties and powers of state registrar; delegation of functions and duties

(a)
The state registrar shall:
(1)
Administer and enforce the provisions of this chapter and the rules and regulations issued under this chapter and issue instructions for the efficient administration of the State Office of Vital Records;
(2)
Direct and supervise the State Office of Vital Records and be custodian of its records;
(3)
Direct, supervise, and control the activities of all persons when they are engaged in activities pertaining to the operation of the State Office of Vital Records;
(4)
Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the State Office of Vital Records;
(5)
Prescribe, furnish, and distribute such forms as are required by this chapter and the rules and regulations issued under this chapter or prescribe such other means for transmission of data as will accomplish the purpose of complete and accurate reporting and registration;
(6)
Prepare and publish in print or electronically reports of vital statistics of this state and such other reports as may be required by the department; and
(7)
Provide to local health agencies copies of or data derived from certificates and reports required under this chapter, as the state registrar shall determine are necessary for local health planning and program activities. The state registrar shall establish a schedule with each local health agency for transmittal of the copies or data. The 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.
(b)
The state registrar may establish or designate offices in the state to aid in the efficient administration of the State Office of Vital Records.
(c)
The state registrar may delegate such functions and duties vested in the state registrar to employees of the State Office of Vital Records and to employees of any office established or designated under subsection (b) of this Code section.
Amended by 2010 Ga. Laws 615,§ 10, eff. 6/3/2010.
Amended by 2004 Ga. Laws 522, § 3, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-6 - Local registrars, local custodians, special abstracting agents, and deputies; appointment; duties

(a)
The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. The state registrar may appoint local deputy registrars as necessary. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks of records.
(b)
Local registrars shall collect and receive vital records, review them for accuracy and completeness, and keep and submit other reports as may be required by the department.
(c)
Local custodians shall file, record, and preserve copies of vital records and issue certified copies provided for by law.
(d)
Special abstracting agents shall examine evidence, abstract evidence onto prescribed forms, and submit such completed forms to the State Office of Vital Records for the filing of delayed certificates of birth or the amendment of certificates of live birth.
Amended by 2004 Ga. Laws 522, § 4, eff. 7/1/2004.
Amended by 2004 Ga. Laws 522, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-7 - Form of certificates and reports; date received for registration required; filing or registration of information by photographic, electronic, or other means

(a)
In order to promote and maintain nation-wide uniformity in the system of vital records, the forms of certificates and reports required by this chapter, or by regulations adopted under this chapter, shall include as a minimum the items recommended by the federal agency responsible for national vital records and statistics.
(b)
Each certificate, report, and other document required by this chapter shall be on a form or in a format prescribed by the state registrar.
(c)
All vital records shall contain the date received for registration.
(d)
Information required in certificates or reports authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the state registrar.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-8 - Certification to county treasurers of birth and death certificates and spontaneous fetal death reports filed; fees

(a)
The local registrar shall certify to the treasurer of the county each month the number of birth and death certificates and spontaneous fetal death reports filed with the State Office of Vital Records with respect to the treasurer's county and the amount due. Upon certification, any fees due shall be paid by the county treasurer out of the general fund of the county.
(b)
Each local registrar shall receive from the county treasurer the sum of $2.00 for each complete certificate of birth, death, or spontaneous fetal death report which occurred in that local registrar's county and is personally signed by that local registrar within the time prescribed by this chapter. A fee of 50¢ shall be paid for certificates or reports filed after the limits shown in this chapter except as noted by regulations adopted by the department.
(c)
The local custodian of vital records shall be paid a fee of $1.00 for each birth and death certificate properly recorded and indexed. Said fee shall be paid from county funds by the county treasurer.
(d)
Special abstractors shall be paid a fee of $2.00 for the complete filing of an abstract of evidence for a delayed certificate of birth or an amendment to a certificate of live birth which originates in the abstractor's county. Said fee shall be paid from county funds by the county treasurer.
(e)
Notwithstanding any other provision of this Code section, in counties where the local registrar or local custodian of vital records or special abstracting agent are employees of the county board of health, fees payable under this subsection shall be paid to the county health department monthly.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-9.1 - Social security account information of parents

(a)
Social security account information of the mother and father, if paternity is acknowledged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section
31-10-9
.
(b)
The state registrar shall make available the records of an individual's name and social security number to the entity within the Department of Human Services authorized to enforce support orders for its use in the establishment of paternity or the enforcement of child support orders.
(c)
Information obtained pursuant to this Code section by the entity within the Department of Human Services authorized to enforce support orders may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation.
Amended by 2017 Ga. Laws 242,§ 2-4, eff. 7/1/2017.
Amended by 2009 Ga. Laws 102,§ 2-2, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-9.2 - Abuse or neglect reports; establishment of policies and procedures

(a)
The state registrar shall provide to the Division of Family and Children Services of the Department of Human Services copies of or data derived from certificates and reports filed with the state registrar upon notification by the Division of Family and Children Services of receipt of a report of abuse or neglect concerning a child or his or her parents or siblings pursuant to Code Section
19-7-5
. Such reports or data shall include records related to birth or death, fetal death, and putative father registry of this state concerning a child or his or her parents or siblings.
(b)
The Department of Public Health, through the state registrar and the Division of Family and Children Services, shall jointly establish policies, procedures, and schedules regarding the transmittal of copies of records or data as jointly deemed necessary. The Department of Public Health and the Division of Family and Children Services shall enter into agreements as necessary to effectuate the provisions of this Code section and to ensure compliance with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as amended.
Added by 2020 Ga. Laws 410,§ 5, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-10 - Registration of live born infants of unknown parentage

(a)
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 ten days to the State Office of Vital Records the following information:
(1)
The date and place of finding;
(2)
Sex, color or race, and approximate birth date or age 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; and
(5)
Other data required by the state registrar.
(b)
The place where the child was found shall be entered as the place of birth.
(c)
A report registered under this Code section shall constitute the certificate of birth for the child.
(d)
If the child is subsequently identified and a certificate of birth is found or obtained, the report registered under this Code 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.
Amended by 2004 Ga. Laws 522, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-11 - Registration of delayed certificate of birth

(a)
When a certificate of birth of a person born in this state has not been filed before that person's first birthday, a delayed certificate of birth may be filed in accordance with regulations of the department. The certificate shall be registered subject to such evidentiary requirements as the department shall by regulation prescribe to substantiate the alleged facts of birth.
(b)
Delayed certificates of birth filed after the first birthday shall be made on forms prescribed by the state registrar, marked "Delayed," and shall show on their face the date of the delayed registration.
(c)
A summary statement of the evidence submitted in support of the delayed registration shall be endorsed on the delayed certificate of birth.
(d)
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 in writing of the reasons for this action and shall further advise the applicant of the applicant's right of judicial appeal.
(e)
The department may by regulation provide for the dismissal of an application which is not actively prosecuted.
(f)
No delayed certificate of birth shall be registered for a deceased person.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-12 - Judicial procedure to establish facts of birth

(a)
If a delayed certificate of birth is rejected under the provisions of Code Section
31-10-11
, a petition signed and sworn to by the petitioner may be filed in either the superior court or the probate court in the county of residence of the person for whom a delayed certificate of birth is sought 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 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 files of the State Office of Vital Records or the office of any local custodian of vital records;
(3)
That diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Code Section
31-10-11
and regulations adopted pursuant thereto;
(4)
That the state registrar has refused to register a delayed certificate of birth; and
(5)
Such other allegations as may be required.
(b)
The petition shall be accompanied by a statement of the state registrar made in accordance with Code Section
31-10-11
and all documentary evidence which was submitted to the state registrar in support of such registration.
(c)
The superior court or probate court, as the case may be, shall fix a time and place for hearing the petition and shall give the state registrar not less than ten days' notice of said hearing. The state registrar or his authorized representative may appear and testify in the proceeding.
(d)
If the superior court or probate court finds, from the evidence presented, that the person from 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 and furnished by the state registrar, to establish a delayed certificate of birth. This order shall include the birth data to be registered, a description of the evidence presented as prescribed by Code Section
31-10-11
, and the date of the court's action.
(e)
The clerk of superior court or the probate court, as the case may be, 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 from which certified copies may be issued in accordance with this chapter.
Amended by 2008 Ga. Laws 410,§ 1, eff. 7/1/2008.
Amended by 2004 Ga. Laws 522, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-13.1 - Certified copies of orders and registration of legitimations and paternity orders

(a)
For each legitimation, annulment of legitimation, and amendment of an order of legitimation decreed by a court of competent jurisdiction in this state, the clerk of the court shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of legitimation, annulment of legitimation, and amendment of an order of legitimation which was entered in the preceding month. Each order of legitimation, annulment of legitimation, and amendment of an order of legitimation shall comply with paragraph (2) of subsection (c) of Code Section
31-10-23
.
(b)
When the state registrar receives a certified copy of the order of legitimation, annulment of legitimation, or amendment of an order of legitimation of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state of birth.
Added by 2004 Ga. Laws 660, § 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-13.2 - Provision of copies of legitimation and paternity orders to state registrar

(a)
In each case in which an order declaring paternity is entered by a court of competent jurisdiction in this state or by the Office of State Administrative Hearings, the clerk of the court or the Office of State Administrative Hearings shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of paternity, annulment of paternity, and amendment of an order of paternity which was entered in the preceding month. The order of paternity, annulment of paternity, and amendment of an order of paternity shall comply with paragraph (2) of subsection (c) of Code Section
31-10-23
.
(b)
When the state registrar receives a certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state of birth.
Added by 2004 Ga. Laws 660, § 2, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-16 - Criteria for pronouncing death; immunity from liability

(a)
A person may be pronounced dead by a qualified physician, by a registered professional nurse or nurse practitioner authorized to make a pronouncement of death under Code Section
31-7-16
or
31-7-176.1
, by an advanced practice registered nurse authorized to make a pronouncement of death under subsection (o) of Code Section
43-34-25
, or by a physician assistant authorized to make a pronouncement of death under Code Section
31-7-16
or
31-7-176.1
or subsection (j) of Code Section
43-34-103
, if it is determined that the individual has sustained either (1) irreversible cessation of circulatory and respiratory function or (2) irreversible cessation of all functions of the entire brain, including the brain stem.
(b)
A person who acts in good faith in accordance with the provisions of subsection (a) of this Code section shall not be liable for damages in any civil action or subject to prosecution in any criminal proceeding for such act.
(c)
The criteria for determining death authorized in subsection (a) of this Code section shall be cumulative to and shall not prohibit the use of other medically recognized criteria for determining death.
Amended by 2017 Ga. Laws 236,§ 3, eff. 7/1/2017.
Amended by 2009 Ga. Laws 243,§ 9, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-17 - State registration of death certificates; certified copies; certificates of record

(a)
When a death certificate is filed with a local registrar, it shall be transmitted to the State Office of Vital Records for state registration immediately upon receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian.
(b)
After a death certificate is filed with a local registrar, but before the death certificate has been registered by the State Office of Vital Records, the local custodian shall be authorized to issue copies of the death certificate to be known as a "certificate of record." Each certificate of record shall have printed thereon the following: "This is an exact copy of the death certificate received for filing in __________________ County." Such certificate of record shall be signed by the local custodian and have the correct seal affixed thereto.
Amended by 2004 Ga. Laws 522, § 7, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-18 - Registration of spontaneous fetal deaths

(a)
A report of spontaneous fetal death for each spontaneous fetal death which occurs in this state shall be filed with the local registrar of the county in which the delivery occurred within 72 hours after such delivery in accordance with this Code section unless the place of fetal death is unknown, in which case a fetal death certificate shall be filed in the county in which the dead fetus was found within 72 hours after such occurrence. All induced terminations of pregnancy shall be reported in the manner prescribed in Code Section
31-10-19
. Preparation and filing of reports of spontaneous fetal death shall be as follows:
(1)
When a dead fetus is delivered in an institution, the person in charge of the institution or that person's designated representative shall prepare and file the report;
(2)
When a dead fetus is delivered outside an institution, the physician in attendance at or immediately after delivery shall prepare and file the report;
(3)
When a spontaneous fetal death required to be reported by this Code section occurs without medical attendance at or immediately after the delivery or when inquiry is required by Article 2 of Chapter 16 of Title 45, the "Georgia Death Investigation Act," the proper investigating official shall investigate the cause of fetal death and shall prepare and file the report within 30 days; and
(4)
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 fetal death is unknown, the 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 fetal death.
(b)
The medical certification portion of the fetal death report shall be completed and signed within 48 hours after delivery by the physician in attendance at or after delivery except when inquiry or investigation is required by Article 2 of Chapter 16 of Title 45, the "Georgia Death Investigation Act."
(c)
The name of the father shall be entered on the spontaneous fetal death report in accordance with the provisions of Code Section
31-10-9
.
Amended by 2005 Ga. Laws 19,§ 31, eff. 4/7/2005.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-19 - Reporting of induced termination of pregnancy

Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation or weight, shall be reported directly to the department within ten days by the person in charge of the institution or clinic, or designated representative, in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution or clinic, the attending physician shall prepare and file the report within the time specified by this Code section.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-20 - Permits for disposition, disinterment, and reinterment

(a)
The funeral director or person acting as such or other person who first assumes custody of a dead body or fetus shall obtain a disposition permit for cremation or removal from the state. A disposition permit may be required within the state by local authorities.
(b)
Such disposition permit shall be made available by the local registrar of the county where the death or fetal death occurred, or body or fetus was found, 24 hours a day, seven days a week. The registrar will issue a disposition permit immediately upon request from the licensed funeral director or his agent in charge of the body or fetus. The request for a disposition permit may be received by the registrar either orally or in writing. The registrar may respond to the request by any means utilized in the normal course of transacting business including, but not limited to, transmission by facsimile machine.
(c)
A disposition permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be authority for final disposition of the body or fetus in this state.
(d)
Prior to final disposition of a dead fetus, irrespective of the duration of pregnancy, the funeral director or person acting as such, the person in charge of the institution, or other person assuming responsibility for final disposition of the fetus shall obtain from the parent(s) authorization for final disposition.
(e)
Disposition permits shall not be required where disposition of fetal remains is within the institution of occurrence and a registry of such events is maintained by the institution.
(f)
Authorization for disinterment and reinterment shall be required prior to disinterment of a dead body or fetus. Such authorization shall be issued by the local registrar to a licensed funeral director or other person acting as such, upon proper application, in the county in which the dead body or dead fetus was originally interred and a local registrar who issues such authorization shall not be civilly or criminally liable therefor if it is issued in good faith. A permit shall not be required when disinterment and reinterment are in the same cemetery.
(g)
The department shall prescribe rules and regulations so that the local registrars may permit hospitals, funeral homes, or others in their respective counties to issue disposition permits.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-21 - Record of marriage licenses

(a)
A record 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 Code section.
(b)
The official who issues the marriage license shall cause to be prepared the record on the application supplement-marriage report form, including at a minimum the information set out in subsection (b) of Code Section
19-3-33
, upon the basis of information obtained from both of the parties to be married.
(c)
A person who performs a marriage shall certify the fact of marriage and return the license to the official who issued the license within ten days after the ceremony. The license shall be completed as prescribed by regulations of the department.
(d)
Every official issuing marriage licenses shall complete and forward to the department on or before the tenth day of each calendar month an application supplement-marriage report form for each marriage license returned to such official during the preceding calendar month. Such forms may be transmitted in the form of paper or electronically.
(e)
The official issuing a marriage license shall keep the original of the application and license for the county records from which the official may issue certified copies but need not retain the prepared application supplement-marriage report forms except to the extent necessary for transmission of such forms to the registrar and confirmation of transmission or receipt.
(f)
In addition to the fee provided by Code Section
15-9-60
, the official shall be entitled to a filing fee of $1.00 to be paid by the applicant upon application for the marriage license.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-22 - Record of divorces, dissolutions, and annulments

(a)
A record of each divorce, dissolution of marriage, or annulment granted by any court of competent jurisdiction 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 Code section. The record shall be prepared by the petitioner or the 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. In all cases, the completed record shall be a prerequisite to the granting of the final decree.
(b)
The clerk of the superior court shall complete and forward to the department on or before the tenth day of each calendar month the records of each divorce, dissolution of marriage, or annulment decree granted during the preceding calendar month.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-24 - Preservation or disposition of vital records; certified reproductions; preserved originals and authorized reproductions as property of department

(a)
The department is responsible for the preservation or disposition of all vital records at state or county offices. To preserve vital records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports in the State Office of Vital Records. Such reproductions when certified by the state registrar or the local custodian shall be accepted as the original records for all purposes. The documents from which permanent reproductions have been made and verified may be preserved or disposed of as provided by regulation.
(b)
All preserved original or authorized reproductions by the state and local custodians remain the property of the department. Such original or authorized reproductions shall be surrendered to the department when so ordered.
Amended by 2004 Ga. Laws 522, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-25 - Disclosure of information contained in vital records; transfer of records to State Archives

(a)
To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, 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 chapter, Code Section
19-7-46.1
, and regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law.
(b)
The department shall authorize by regulation the disclosure of information contained in vital records for research purposes.
(c)
Appeals from decisions of custodians of vital records, as designated under authority of Code Section
31-10-6
, who refuse to disclose information or to permit inspection or copying of records as prescribed by this Code section and regulations issued under this Code section shall be made to the state registrar whose decisions shall be binding upon such custodians.
(d)
Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as authorized by this chapter, Code Section
19-7-46.1
, and regulation or by order of a court of competent jurisdiction.
(e)
When 125 years have elapsed after the date of birth or 100 years have elapsed after the date of death or application for marriage, or divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar shall be transferred to the State Archives and such information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.
(f)
Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. While in the temporary custody of the probate court before transmission to the state registrar or confirmation of transmission or receipt, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law.
Amended by 2020 Ga. Laws 388,§ 5, eff. 7/1/2020.
Amended by 2016 Ga. Laws 404,§ 16, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-27 - Fees for copies or services

(a)
The department shall prescribe uniform fees to be paid to the State Office of Vital Records, local registrars, and local custodians for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or for other services. The fee for each search or service, certified copy, or record shall be determined by the board.
(b)
Fees collected by the department under this Code section shall be deposited in the general funds of the state.
(c)
Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department.
Amended by 2004 Ga. Laws 522, § 10, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-28 - Institutions to keep vital records

(a)
Every person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to such institution. This record shall include such information as required for the certificates of birth and death and the reports of spontaneous fetal death and induced termination of pregnancy required by this chapter. The record shall be made at the time of admission 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.
(b)
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 or parents of the fetus, 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.
(c)
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 this chapter or regulations promulgated hereunder, shall keep a record which shall identify the body and such information pertaining to receipt, removal, delivery, burial, or cremation of such body as may be required by regulations adopted by the department.
(d)
Records maintained under this Code section shall be retained for a period of not less than three years and shall be made available for inspection by the state registrar or the state registrar's representative upon demand.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-29 - Privileged nature of disclosures; notification of local registrar of institutional deaths and fetal deaths; notification of board of voting registrars of adult deaths

(a)
Any person having knowledge or facts concerning any birth, death, spontaneous fetal death, marriage, induced termination of pregnancy, divorce, dissolution of marriage, or annulment may disclose such facts to the state registrar, and such disclosure shall be absolutely privileged and no cause or action may be brought or maintained against such person for such disclosure.
(b)
Not later than the tenth day of the month following the month of occurrence, the administrator of each institution or that administrator's designated representative shall send to the local vital records registrar a list showing all deaths and fetal deaths occurring in that institution during the preceding month.
(c)
Upon receipt of a death certificate by any local vital records registrar of any person 18 years of age or older, the local registrar shall notify the board of voting registrars in the county of the decedent's residence of the name and address of such decedent. If the records of the local registrar reflect that the decedent was a resident of another or other counties within the five years preceding the decedent's death, the local registrar shall also send such information to the board of voting registrars of such county or counties.
2023 CODE OF GEORGIA › Title 31 - HEALTH (§§ 31-1-1 — 31-54-4) › Chapter 10 - VITAL RECORDS (§§ 31-10-1 — 31-10-33) › Section 31-10-30 - Posting facts of death to birth certificates

(a)
To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state registrar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked.
(b)
When a death occurs in this state for which a death certificate must be filed in accordance with Code Section
31-10-15
, and the decedent's birth certificate is on file at the State Office of Vital Records, the state registrar shall mark that deceased person's birth certificate with the word "Deceased." The state registrar shall notify the custodian of vital records of the county where the decedent was born that the deceased individual's birth certificate has been marked "Deceased."