2023 New York Laws › PBH - Public Health › Article 41 - Vital Statistics › Title 7 - Vital Statistics Records › 4174 - Records; Transcripts and Certifications by Commissioner; Fees.

§ 4174. Records; transcripts and certifications by commissioner; fees.
1. The commissioner or any person authorized by him shall:
(a)  upon request, issue to any applicant either a certified copy or a
certified transcript of the record of any  death  registered  under  the
provisions  of  this chapter (1) when a documented medical need has been
demonstrated, (2) when a documented need to establish a legal  right  or
claim  has  been demonstrated, (3) when needed for medical or scientific
research approved by the commissioner, (4) when needed  for  statistical
or  epidemiological  purposes  approved  by  the  commissioner, (5) upon
specific request by municipal, state or federal agencies for statistical
or official purposes, (6) upon specific request  of  the  agent  charged
with  controlling  disposition  of  a  decedent's remains, as designated
pursuant to subdivision three of section four thousand two  hundred  one
of  this  chapter, spouse, domestic partners as defined in paragraph (c)
of subdivision one of section four thousand  two  hundred  one  of  this
chapter,  children,  siblings  or, parents of the deceased or the lawful
representative of such persons, or (7) pursuant to the order of a  court
of competent jurisdiction on a showing of necessity; except no certified
copy  or  certified  transcript  of  a  death record shall be subject to
disclosure under article six of the public officers law;
(b)  issue  certified  copies  or  certified  transcripts   of   birth
certificates  only  (1) upon order of a court of competent jurisdiction,
or (2) upon specific request therefor by the person, if  eighteen  years
of  age  or  more,  or by a parent or other lawful representative of the
person, to  whom  the  record  of  birth  relates  including  authorized
representatives  of a local social services district if the person is in
the care and custody or custody and guardianship of  such  district,  or
(3)  upon  specific  request  therefor by a department of a state or the
federal government of the United States;
(c) upon request, issue a wallet-size certification  of  birth,  in  a
form  and  bearing a design provided by the commissioner. Each applicant
for a wallet-size certification of birth shall remit to the commissioner
with such application, a fee determined by the department;
(d) upon request, issue certification of birth or death unless in  his
judgment  it  does  not  appear to be necessary or required for a proper
purpose;
(e) furnish non-identifiable statistical  information  in  tabular  or
machine  readable  format  for research activities if satisfied that the
same  is  required  for  a  proper  purpose,  and  the  commissioner  is
authorized  to  fix  and  to  require  payment  of  a  fee sufficient to
compensate  the  state  for  the  expense  of  providing  the  requested
information;
(f)  be  deemed  to  have  complied  with the applicable provisions of
paragraphs (a) and  (b)  of  this  subdivision  by  the  issuance  of  a
certified  transcript  of the desired certificate or record instead of a
certified copy thereof except where the requester  shall  show,  to  the
satisfaction  of  the  commissioner  or his authorized representative, a
demonstrated need for such  certified  copy,  or  where  a  court  order
rendered pursuant to the provisions of paragraph (b) of this subdivision
contains  an express recital or direction therein that the issuance of a
certified transcript of  such  certificate  or  record  in  place  of  a
certified  copy  thereof  shall  not  be  considered to be in compliance
therewith;
(g) upon request of a  board  of  elections,  issue  certification  of
death.
2.  Each  applicant for a certification of birth or death, certificate
of birth data or for a certified copy or certified transcript of a birth
or death certificate or certificate of birth data  shall  remit  to  the

commissioner  with  such  application a fee of thirty dollars in payment
for the search of  the  files  and  records  and  the  furnishing  of  a
certification,  certified copy or certified transcript if such record is
found  or  for  a  certification  that a search discloses no record of a
birth or of a death.
3. For any search of the files and records  conducted  for  authorized
genealogical  or  research  purposes,  the  commissioner  or  any person
authorized by him shall be entitled to, and the applicant shall  pay,  a
fee  of  twenty  dollars  for each hour or fractional part of an hour of
time of search, together with a fee of two dollars for each  uncertified
copy  or  abstract  of  such  record requested by the applicant or for a
certification that a search discloses no record.
4. No fee shall be charged for a search,  certification,  certificate,
certified copy or certified transcript of a record to be used for school
entrance,  employment  certificate  or  for purposes of public relief or
when required by the veterans administration to be used  in  determining
the  eligibility  of  any  person  to  participate  in the benefits made
available by the veterans administration or when required by a board  of
elections  for  the  purposes  of  determining voter eligibility or when
requested by the department of corrections and community supervision  or
a  local  correctional  facility  as  defined  in subdivision sixteen of
section two of the  correction  law  for  the  purpose  of  providing  a
certified  copy  or  certified  transcript  of  birth to an incarcerated
individual in anticipation of  such  incarcerated  individual's  release
from   custody  or  to  obtain  a  death  certificate  to  be  used  for
administrative purposes for an  incarcerated  individual  who  has  died
under  custody  or  when  requested by the office of children and family
services or  an  authorized  agency  for  the  purpose  of  providing  a
certified copy or certified transcript of birth to a youth placed in the
care  and  custody or custody and guardianship of the local commissioner
of social services or the care and custody or custody  and  guardianship
of  the  office  of children and family services in anticipation of such
youth's discharge from placement or foster care. Whenever a  request  is
made  by  the  department of corrections and community supervision for a
certified copy  or  certified  transcript  of  birth  on  behalf  of  an
incarcerated  individual  pursuant  to this section, a certified copy of
the sentence and commitment or certificate of conviction shall be deemed
to grant authorization by the incarcerated individual to the  department
to submit such request on their behalf, and no other authorization shall
be required.
5.  (a)  The  United  States social security administration may obtain
information from death certificates  needed  in  the  administration  of
old-age and survivors insurance benefits laws, subject to the provisions
of  any  contract  entered  into  pursuant  to  paragraph  (b)  of  this
subdivision.
(b) In addition, the commissioner or  any  person  authorized  by  the
commissioner  is  authorized  and  directed  to enter into a contract to
furnish the federal secretary of health and human  services  information
concerning individuals with respect to whom death certificates have been
officially  filed with the commissioner. Such contract shall not include
any restriction on the use of information  obtained  by  such  secretary
pursuant  to  such  contract, except that such contract may provide that
such information is only to be used  by  the  secretary  (or  any  other
federal  agency) for purposes of ensuring that federal benefits or other
payments are not erroneously paid to deceased individuals.
6. The federal agency in charge of vital statistics may obtain,  at  a
fee  acceptable  to  the  commissioner, information from birth and death
certificates for use solely as statistical data.
7. Except as herein otherwise provided, the commissioner is authorized
to establish rules and regulations whereby  searches  may  be  made  and
certifications,  certified copies and certified transcripts of birth and
death  certificates  furnished  without  fees  to  federal,  state   and
municipal departments for official purposes.
8.  The  commissioner,  the  commissioner of health of the city of New
York, or any person authorized by the commissioner  having  jurisdiction
shall  immediately  notify  the division of criminal justice services in
the event that a copy of a birth certificate or  information  concerning
the  birth  records  of  any  person whose record is flagged pursuant to
paragraph (i) of subdivision two of section four thousand one hundred of
this article is requested. In  the  event  that  a  copy  of  the  birth
certificate  of  a  person  whose  record  is so flagged is requested in
person, the personnel accepting the request shall immediately notify his
or her supervisor. The person making the request shall complete  a  form
as  prescribed  by  the  commissioner  or,  in the city of New York, the
commissioner of health of the city of New York, which shall include  the
name,  address  and  telephone numbers and social security number of the
person making the request. A motor vehicle  operator's  license,  or  if
such  license  is  not  available,  such  other  identification  as  the
commissioner, or in the city of New York, the commissioner  of  the  New
York  city  department  of health, determines to be satisfactory, of the
person making the request shall be presented, shall be  photocopied  and
returned  to him or her. The person receiving the request shall note the
physical description of the person making the request  and  his  or  her
supervisor  shall immediately notify the local law enforcement authority
as to  the  request  and  the  information  obtained  pursuant  to  this
subsection.  When  a  copy  of  the  birth certificate of a person whose
record has been flagged is requested in  writing,  the  law  enforcement
authority  having  jurisdiction  shall be notified as to the request and
shall be provided with a copy of  the  written  request.  The  registrar
shall retain the original written response.
9. The commissioner may institute an additional fee of fifteen dollars
for   priority  handling  for  each  certification,  certified  copy  or
certified transcript of certificates of birth, death, or dissolution  of
marriage;   or   fifteen   dollars   for   priority  handling  for  each
certification, certified copy or certified transcript of certificate  of
marriage.