reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 2 - CORRECTION AND COMPLETION OF VITAL RECORDS › Section 146-2-9 - ADDITION/DELETION OF FATHER'S NAME ON BIRTH CERTIFICATE

Current through 2024-29, July 17, 2024
A. Paternity Acknowledged
In the case of a child conceived and born out of wedlock, the
				  name of the putative father may be entered on the birth certificate only upon
				  receipt of an acknowledgment of paternity on the form prescribed and furnished
				  by the state registrar and signed by each parent before an official authorized
				  to take oaths.
B. Court
				Determination
Notwithstanding the provisions of subsection A above, if a
				  determination of paternity has been made by a court of competent jurisdiction,
				  either as separate action or as a part of a divorce decree or child protective
				  order, the father's name shall be entered on or deleted from the birth
				  certificate without the consent of either or both parents. The court order or
				  divorce decree is considered to be an acknowledgment of paternity for the
				  purposes of this chapter.
B-1.
				Acknowledgment by Department
Notwithstanding the provisions of subsection A above, if the
				  putative father executes an acknowledgment of paternity with the Department of
				  Human Services, and the putative father is either named in writing by the
				  mother as the father or is presumed to be the father based on the results of
				  blood or tissue-typing tests, the name of the father must be entered on the
				  birth certificate without the father's or the mother's consent.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 2 - CORRECTION AND COMPLETION OF VITAL RECORDS › Section 146-2-10 - LEGAL CHANGE OF NAME

Current through 2024-29, July 17, 2024
A. Application
1. When a person born in this State acquires
				a new name by judicial decree from a court of competent jurisdiction, the clerk
				of the court shall file the appropriate notification form (VS-14) with the
				Office of Vital Statistics upon the written request of the registrant (aged 18
				or older), his or her parents, guardian, or legal representative if under the
				age of 18.
2. If the applicant
				wishes to amend items on his or her birth certificate in addition to the change
				in name, it must be done in accordance with sections 5 and 6 of this
				chapter.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 2 - CORRECTION AND COMPLETION OF VITAL RECORDS › Section 146-2-11 - LEGAL CHANGE OF SEX

Current through 2024-29, July 17, 2024
A. Application
Any person born in the State whose sex has been changed by
				  surgical procedure and whose name has been changed by judicial decree from a
				  court of competent jurisdiction may present a certified copy of the
				  notification form (VS-14), a notarized affidavit by the physician who performed
				  the surgical procedure to the Office of Vital Statistics and a form VS-7
				  requesting that his or her birth certificate be amended accordingly.
B. Recording the Change
A new birth certificate shall be prepared in accordance with
				  section 6, subsection C of this chapter.
C. Annotating the Record
A notation shall be entered on the certificate indicating
				  that the name of the registrant has been changed pursuant to court order. The
				  date of the court action, the name and location of the court, the date surgical
				  procedures were completed, and the day the record was amended shall also be
				  entered on the certificate, in such a way as not to become a part of any copy
				  issued.
D. Amendment Status
Certificates established under this section shall not be
				  regarded as amended.
E. Fee
The fee for processing a legal sex change shall be paid at
				  the time that the request and the surgeon's affidavit are presented to the
				  Office of Vital Statistics. It includes a complimentary certified copy of the
				  new record after amendment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 2 - CORRECTION AND COMPLETION OF VITAL RECORDS › Section 146-2-12 - AMENDMENT OF SAME ITEM MORE THAN ONCE

Current through 2024-29, July 17, 2024
Except as specified below, once an amendment of an item is
				  made on a vital record, that item shall not be amended again except upon
				  receipt of a court order from a court of competent jurisdiction.
A. Addition of Given Names
Additional names may be added to the birth certificate at any
				  time, in accordance with section 8 of this chapter.
B. Legal Changes of Name
Legal name changes may be entered at any time, in accordance
				  with section 10 of this chapter.
C. Medical Examiner Cases
Death certificates in medical examiner cases may be completed
				  or amended at any time in accordance with section 4 of this chapter.
D. Adoptions
1. Items on post-adoption birth certificates
				which were not changed by the adoption decree may be corrected in accordance
				with sections 3 and 5 of this chapter. Any other changes may be made only upon
				receipt of a court order or an amended adoption decree.
2. Annotations on post-adoption birth
				certificates indicating which items were changed by the adoption decree shall
				be deleted upon the request of the adopted person, if 18 years or age or older,
				or the adoptive parents of a minor adopted person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 3 - EVIDENCE OF LEGITIMATION › Section 146-3-1 - Preparation of New Certificate of Birth

Current through 2024-29, July 17, 2024
When any person born out of wedlock in Maine is legitimated
				  by the marriage of his natural parents and the acknowledgment of his father,
				  the state registrar shall prepare a new certificate of birth for the
				  legitimated person upon application and presentation of satisfactory evidence
				  of the facts.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 3 - EVIDENCE OF LEGITIMATION › Section 146-3-2 - Evidence of Legitimation

Current through 2024-29, July 17, 2024
Satisfactory evidence oflegitimation for preparing a new
				  birth certificate shall consist of the following:
A. Marriage Certificate. A certified copy of
				the parents' certificate of marriage.
B. Evidence of Paternity. The following shall
				be accepted as evidence of paternity:
1. A
				joint affidavit acknowledging paternity made by both parents if both parents
				Are living and can be located; or
2. An affidavit made by the father if the
				mother is deceased or cannot be located; or
3. An affidavit made by the mother and one of
				the following if the father is deceased or cannot be located:
a. Evidence that a court of competent
				jurisdiction has made a determination of paternity;
b. Evidence that the father gave written
				consent for his name to appear as father on the certificate of birth;
				or
c. If neither of the above are
				available other documents acknowledging paternity signed by the father may be
				accepted at the discretion of the State Registrar.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-2 - RELEASE OF AND ACCESS TO VITAL STATISTICS DATA, REPORTS AND RECORDS

Current through 2024-29, July 17, 2024
A.
Non-restricted vital statistics
				data, reports and records.
Non-restricted vital statistics data, reports
				and records shall be released to applicants who meet the following criteria:
1. Those who present a completed and signed
				application or written request and show identification in accordance with this
				rule; and
2. Upon payment of a fee
				as specified in Section
				5.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-3 - APPLICATION

Current through 2024-29, July 17, 2024
A. An application form shall be prescribed
				and furnished by the Department or a municipal clerk for the purpose of
				determining the applicant's eligibility to receive the restricted vital
				statistics data, reports and vital records; or the State Registrar may
				authorize the verification in other ways when it shall prove in the best
				interest of the Department.
The State Registrar may require, as part of a completed
				  application, a signed confidentiality agreement for vital statistics data
				  requests or, if the applicant is requesting restricted vital records, a signed
				  genealogist disclosure agreement which includes a code of ethics. Agreement
				  forms can be accessed at
				  http://www.maine.gov/dhhs/mecdc/public-health-systems/data-research/vital-records/forms/index.shtml.
B. Written requests may be
				presented in lieu of an application. The written request shall contain at a
				minimum:
1. The applicant's full name, mailing
				address, telephone number and email address, or the name of the organization or
				the official authorized to execute agreements, title, organizational
				affiliation, mailing address, telephone number and email address:
2. Applicant's relationship to the
				registrant, if required by Section
				2;
3. Registrant(s) listed on the record
				requested;
4. Approximate date of
				event or three-year time frame to search;
5. Place (city or town) of event, if
				known;
6. Names of parents of
				registrant listed on the record, if known;
7. The additional application requirements
				specified in Section
				8
				if requesting the release of restricted data for administrative and statistical
				research purposes; and
8. A
				self-addressed, stamped envelope.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-4 - ACCEPTABLE IDENTIFICATION OF APPLICANT

Current through 2024-29, July 17, 2024
A. A
				municipal clerk and the Department shall require the applicant to present
				identification documents at the time of application.
B. The identification documents presented by
				the applicant shall be the original or a copy of a document that has been
				notarized. Such documentation must be acceptable by the municipal clerk or the
				Department and shall include:
1. Government
				issued identification that includes a photograph; or
2. At least two alternate forms of
				identification; or
3. An
				alternative electronic process.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-5 - FEES

Current through 2024-29, July 17, 2024
A.
Vital statistics general
				fees.
All vital statistics data, reports and vital records released in
				response to approved requests shall be subject to set charges in accordance
				with 10-146 CMR chapter 7.
1. Except as
				specified in Sections 5(B) and (C) or as directed by the State Registrar, the
				applicable fees shall be paid in advance
2. Charges for vital statistics data, reports
				and records released in other formats shall include, but not be limited to,
				computer time, materials, photocopying, access to or maintenance of the
				electronic system approved by the State Registrar and any other costs incurred
				in producing the requested data.
3.
				Except as specified in Sections 5(B) and (C), an estimate of charges for such
				requests shall be provided to the applicant and the agreement for payment
				secured prior to preparation of the data for release.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-6 - DIRECT AND LEGITIMATE INTEREST

Current through 2024-29, July 17, 2024
A.
Applicants who may or may not have a direct and legitimate
				interest.
To protect the integrity of vital records, a municipal clerk
				or the Department shall not permit inspection or disclosure of information
				contained in vital statistics records, or issue a copy of all or part of any
				such record, unless the applicant has a direct and legitimate interest in such
				record in accordance with
				22 MRS
				§2706(5). The following
				applicants may obtain restricted vital statistics data contained in a vital
				reports or records by demonstrating that such information is needed for the
				determination or protection of personal property rights:
1. Registrant or related
				individuals;
2. A surviving parent
				acting on behalf of a child who is a minor shall be entitled to the deceased
				parent(s) death certificate if their parental rights have not been
				terminated.
3. Genealogical
				researchers who hold a valid genealogical researcher identification card from
				the Department as specified in Section 9 of this rule.
4. Others approved by the State Registrar who
				provide supporting documents of eligibility to determine they are qualified to
				receive such data.
Applicants demonstrating a direct and legitimate interest
				  shall present supporting documentation as specified in Section 6(B) for the
				  purposes of determining the applicant's eligibility to receive the requested
				  data or record.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-7 - LINEAGE OF APPLICANT WHEN REQUESTING RESTRICTED VITAL STATISTICS DATA, REPORTS AND VITAL RECORDS

Current through 2024-29, July 17, 2024
A.
Release to
				a relative or representative.
A related individual or the authorized
				representative of a related individual shall present supporting documentation
				to demonstrate lineage or relationship to the registrant at the time of
				application and prior to the issuance or release of vital statistics data,
				reports and vital records.
1.
Primary
				documents demonstrating lineage.
Certified copies of vital records
				presented to demonstrate lineage or relationship are considered the primary
				documents. The registrant who is 18 years of age or older may present a
				notarized report of results of DNA testing as an acceptable primary document to
				obtain a vital record of a parent who is not named on the registrant's birth
				certificate.
2.
Secondary
				documents demonstrating lineage.
In the event the primary documents to
				demonstrate lineage or relationship to the registrant specified above are not
				available, then two documents as specified below shall be presented:
a. A hospital or physician's record of birth
				or death;
b. A baptismal
				record;
c. School enrollment
				records;
d. Military
				records;
e. Court
				records;
f. A U.S. Census
				enumeration record; or
g. Other
				supporting documents approved by the State Registrar.
A municipal clerk or the Department may verify the
				  authenticity of the documents presented in the event they have reasonable cause
				  to question the validity or accuracy of the document
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-8 - RELEASE OF RESTRICTED RECORDS AND DATA

Current through 2024-29, July 17, 2024
A.
Department may limit access.
The Department may impose reasonable
				conditions as to the use and re-disclosure of information and may limit access
				to the minimum necessary to fulfill the administrative or statistical purposes
				for which the data is requested.
B.
Authorized applicants.
At the discretion of the State Registrar,
				restricted vital statistics data, reports and records may be released to the
				following applicants based upon the intended purposes or uses of such
				restricted data:
1. The National Center for
				Health Statistics and other federal agencies upon receipt of a contract,
				purchase order or other agreement, on other than the prescribed application
				form.
2. Other state vital
				statistics offices which have signed the current Inter-Jurisdictional Exchange
				of Vital Records Agreement.
3.
				Applicants who have presented supporting documentation to demonstrate the
				direct and legitimate interest in the data or record in which they are
				requesting as specified in Section
				6.
4. Federal or State agencies, Maine local
				government or Tribal agencies, Maine municipal governments and Maine public
				school districts, any of which may require such vital statistics data for
				statistical or administrative purposes in the conduct of their official
				duties.
5. Those individuals
				conducting health, medical and social research, including those who represent
				governmental agencies, which have potential for reducing morbidity and
				mortality within Maine, for furthering scientific understanding of disease
				processes or for improving health and social services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-9 - REGISTRATION OF GENEALOGICAL RESEARCHER IDENTIFICATION CARD

Current through 2024-29, July 17, 2024
A.
Registration requirements.
Genealogical researchers desiring to obtain a genealogical researcher
				identification card for the purposes of requesting access to and inspection of
				restricted vital statistics data, reports and records, including indexes, shall
				present the Department with the required documents specified below for the
				registration of a genealogical researcher identification card.
1. A completed and signed genealogical
				researcher card application on the form prescribed and furnished by the State
				Registrar;
2. A completed and
				signed genealogical disclosure agreement furnished by the State
				Registrar;
3. Acceptable
				identification as specified in Section
				4;
4. The required registration fee for
				obtaining a genealogical researcher identification card a specified in 10-146
				CMR chapter 7; and
5. Documentation
				of membership in an existing genealogical society in the form of a valid
				membership card or a statement of membership on the genealogical society's
				letterhead. The membership card or statement of membership shall contain the
				genealogical society membership date of expiration.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 4 - RULES FOR PUBLIC ACCESS TO VITAL RECORDS › Section 146-4-10 - VERIFICATIONS

Current through 2024-29, July 17, 2024
A.
Verification of records.
Verification of the facts contained in a record registered by the State
				Registrar may be furnished by the Department to any federal, state or municipal
				government agency, or to any other agency approved by the State Registrar
				representing the interest of the registrant.
1.
Disclosure of data in public
				records.
The Department may verify data contained in non-restricted
				records provided all the conditions specified in Section
				2(A) are met.
2.
Disclosure of data in
				restricted records.
The Department may verify data contained in
				restricted records provided all the conditions specified in Section
				2(B) are met.
3.
National Center for Health
				Statistics (NCHS).
Vital statistics data, reports and records will be
				furnished to the National Center for Health Statistics (NCHS) only upon prior
				agreement of sharing the cost of collecting, processing and transmitting the
				vital statistics data, reports and records.
4.
Inter-jurisdictional exchange of
				vital records agreement.
Notwithstanding paragraph (3) above, vital
				statistics data, reports and records may be furnished to other states under the
				terms of the Inter-Jurisdictional Exchange of Vital Records Agreement without
				charge.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 5 - MEDICAL CERTIFICATION OF CAUSE OF DEATH › Section 146-5-2 - Certificate Required

Current through 2024-29, July 17, 2024
A. A completed
				death certificate which indicates that the physician or medical examiner has
				personally examined the body after death is required, in addition to the other
				permits specified in law and regulation, for any transport, storage, or final
				disposition of a dead body by anyone other than a funeral director.
B. A completed death certificate is not
				required prior to transport, storage, burial, or removal from the State by a
				funeral director, providing that a report of death and the other permits
				specified in law and regulation have been obtained.
C. A completed death certificate is required,
				in addition to the other permits specified in law and regulation, before a body
				can be cremated, buried at sea, or submitted to a facility for use by medical
				science.
D. A completed death
				certificate is required, in addition to the other permits specified in law and
				regulation, before a body can be removed from the State by anyone other than a
				funeral director.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 5 - MEDICAL CERTIFICATION OF CAUSE OF DEATH › Section 146-5-3 - Responsibility of a Funeral Director

Current through 2024-29, July 17, 2024
A.
				Before embalming or making other alterations to the body, the funeral director
				must personally contact the certifying physician and ascertain that he/she can
				and will certify the death and that the cause of death is not such as to bring
				the case under the jurisdiction of the medical examiner system. A report of
				death is evidence of such contact and ascertainment.
B. In medical examiner cases, funeral
				directors may proceed with embalming or other alterations to the body,
				including burial, only after they have personally ascertained from the medical
				examiner or Office of the Chief Medical Examiner that the body is no longer
				needed for further study or that such procedure will not interfere with further
				study.
1. A death certificate completed by
				the medical examiner is evidence that the body is not further needed, unless
				specific instructions have been conveyed to the contrary.
2. A report of death completed by the funeral
				director after personal contact with the medical examiner is evidence of such
				contact and ascertainment.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 5 - MEDICAL CERTIFICATION OF CAUSE OF DEATH › Section 146-5-4 - Certifying Physician

Current through 2024-29, July 17, 2024
A. The certifying
				physician, except in a medical examiner case, must be licensed or authorized to
				practice in the State of Maine.
B.
				The certifying physician must have attended the deceased before death, although
				not necessarily for the illness or condition which resulted in death, except
				when the death falls under the jurisdiction of the medical examiner as
				specified in M.R.S.A., Title 22, Sec. 3025.
C. In the absence of said physician or with
				his or her approval, the death certificate may be completed and signed by a
				physician associated with the attending physician in practice or covering for
				him/her during his/her absence, by a physician designated for this purpose by
				the attending physician, or by the chief medical officer of the institution in
				which death occurred or was pronounced, providing such individual has access to
				the recent medical history of the case and death is due to natural causes. If
				other than the attending physician certifies, he/she must note that fact upon
				the death certificate.
D. The cause
				of death certified need not be a condition for which the patient was
				specifically treated by the attending physician, so long as it is reasonable
				and consistent with the general state of health of the patient and
				circumstances surrounding death.
E.
				The certifying physician shall examine the body prior to completing the medical
				certification if the decedent was a resident of a nursing home licensed under
				section 1817 at the time death unless:
1. The
				attending physician or another physician designated by him/her had examined the
				patient within 48 hours prior to death, or
2. The attending physician or another
				physician designated by him/her had examined the patient within two weeks prior
				to death in the case of a terminally ill patient.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 5 - MEDICAL CERTIFICATION OF CAUSE OF DEATH › Section 146-5-5 - Registration of Deaths

Current through 2024-29, July 17, 2024
A. The funeral
				director or authorized person shall ensure that a completed death certificate
				is registered, by filing with the clerk of the municipality where death
				occurred, within five days after the day on which death occurred unless there
				are unusual extenuating circumstances.
B. Certificates originating with the funeral
				director or other authorized person: The certifying physician must complete the
				certificate and present or mail it to the funeral director or other authorized
				person within 24 hours after receipt.
C. Certificates originating with the
				physician: The physician may originate the certificate. Such certificates must
				be completed, signed, and presented or mailed to the funeral director or other
				authorized person within 48 hours after death.
D. Certified copies of a death certificate
				may be made only from records for which the registration process is
				complete.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 5 - MEDICAL CERTIFICATION OF CAUSE OF DEATH › Section 146-5-6 - Incomplete Certification

Current through 2024-29, July 17, 2024
A. If the
				certifying physician cannot adequately determine the cause of death until
				laboratory or autopsy studies, or referral to records not immediately
				available, have been made, and if such information is not available within the
				time prescribed for filing of the certificate, the death shall be reported to
				the Office of the Chief Medical Examiner. Deaths due to natural causes may be
				referred back to the attending physician by the Chief Medical Examiner for
				medical certification as provided in M.R.S.A., Title 22, Sec. 3025, sub-Sec.
				4.
B. Not withstanding subsection A
				above, if the certifying physician is certain that the cause, whatever it might
				be, is not one requiring the intervention of the medical examiner, the death
				need not be reported to the Office of the Chief Medical Examiner.
C. When the cause of death is not immediately
				known, the certifying physician shall enter "Pending" adding "laboratory
				studies", "autopsy" or "research of records" as appropriate, sign the
				certificate, and present it to the funeral director for filing within the time
				prescribed in section 5. The certificate shall not be held incomplete while
				pending matters are finalized unless there are unusual extenuating
				circumstances.
D. Such "pending"
				certificates shall be finalized by means of a supplemental cause of death
				report furnished by the state registrar. This form will be sent to the
				certifying physician whenever the cause of death has been left "pending" and no
				supplement filed in a reasonable time.
1. The
				supplement shall be completed and signed by the certifier upon receipt and
				returned as directed or an explanation given as to why the matter is still not
				resolved.
2. Certificates completed
				under this subsection shall not be regarded as amended.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 6 - MARRIAGE LICENSE AND REGISTRATION › Section 146-6-2 - Intentions

Current through 2024-29, July 17, 2024
A. Certification Signed
1. Each individual intending to be joined in
				marriage within the State of Maine shall file written notice of these
				intentions with the clerk of the municipality specified in subsection B. All of
				the information specified on the intentions form shall be provided by the
				applicant. The intentions shall include a signed certification that the
				information recorded on the intentions notice is correct and that the applicant
				is free to marry according to the laws of Maine.
2. If intentions are filed in person, the
				intentions of marriage notice application form shall be used and the
				certification statement shall be witnessed by the municipal clerk.
3. If intentions are filed by mail, the
				intentions of marriage notice application/worksheet form shall be used. The
				applicant's signature on the certification statement shall be witnessed by an
				official authorized to take oaths.
4. The intentions shall not be considered as
				filed until the required certification statement has been signed as specified
				in this subsection.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 6 - MARRIAGE LICENSE AND REGISTRATION › Section 146-6-3 - License

Current through 2024-29, July 17, 2024
A. License required
1. A valid Maine marriage license is required
				for a marriage to be solemnized in Maine.
2. A marriage license issued in Maine is void
				if not used within 90 days from the date intentions are filed in the office(s)
				of the municipal clerk(s).
3. If
				both parties to the intended marriage are non-residents, the license is valid
				only for the municipality in which it is issued.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 6 - MARRIAGE LICENSE AND REGISTRATION › Section 146-6-4 - Ceremony

Current through 2024-29, July 17, 2024
A. Valid License
Completed, valid license(s), bearing the authorization(s)
				  signed by the municipal clerk(s), as specified in sections 2.B and 3.D, shall
				  be presented to the person who will solemnize the marriage.
B. Solemnization
1. The marriage shall be solemnized in the
				presence of at least two witnesses other than theofficiant.
2. Upon completion of the solemnization
				ceremony, the date, place of marriage, and names of the two witnesses shall be
				recorded and theofficiant and the two witnesses shall each sign the original
				license or licenses and the place of marriage copies, if applicable.
3. Pursuant to 4 M.R.S.A. §954-A,
				notaries may not performnotarial acts, including marriage ceremonies, for
				relatives. However, the Department allows relatives to perform the actual
				marriage ceremony, providing a qualifiedofficiant is present at the ceremony
				and signs the license or licenses asofficiant and carries out theofficiant's
				responsibilities as specified in section 5.A below.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 6 - MARRIAGE LICENSE AND REGISTRATION › Section 146-6-5 - Registration

Current through 2024-29, July 17, 2024
A. Responsibility ofOfficiant
1. Before beginning to solemnize a marriage,
				theofficiant shall insure that the license or licenses have not expired, that
				each license has been signed by both parties, and that the clerk(s) of the
				municipality or municipalities involved have signed the license or licenses
				authorizing the marriage to take place.
2. After the ceremony or solemnization has
				been completed, theofficiant shall ensure that the "ceremony" section of each
				original marriage certificate, and the place of marriage copies if applicable,
				is completed by entering all of the required information:
a. date and place of marriage
b. typed or printed name and title
				ofofficiant
c. dateofficiant was
				ordained or authorized by a religious faith to perform marriages, the date a
				notary public's commission expires, or the date a lawyer was admitted to the
				Maine Bar
d. residence and mailing
				address ofofficiant
e. typed or
				printed names of the two witnesses
f. original signatures of theofficiant and
				each witness.
3. The
				original copy of the marriage certificates, or of each marriage certificate if
				two are required, shall bear the original signatures of each party to the
				marriage, the clerk(s) who issued the license(s), theofficiant, and each of the
				two witnesses.
4. The officiant
				shall return each completed original certificate(s) to the issuing clerk(s)
				within 7 days following the solemnization.
5. If the marriage was solemnized in a
				municipality other than the place or places where the parties to the marriage
				reside, theofficiant shall file a copy or copies of the marriage certificate(s)
				with the clerk of that municipality within 7 days following the
				solemnization.
6. The officiant
				shall make and keep a personal record of every marriage he or she
				solemnizes.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 7 - VITAL RECORDS FEES › Section 146-7-I - DEFINITIONS

Current through 2024-29, July 17, 2024
For the purposes of Chapter 7, the following terms shall have
				  the meanings set forth below:
A.
Vital Records Unit
means a unit within the Office ofData, Research
				and Vital Statistics (formerly Office of Health, Data and Program
				Management).
B.
Vital
				Records
means records, certificates or reports that create the vital
				statistics system housed in the Vital Records Unit such as birth, death,
				marriage, domestic partnership, and divorce.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 7 - VITAL RECORDS FEES › Section 146-7-II - FEES

Current through 2024-29, July 17, 2024
Under the authority of
				   22-A M.R.S.A.
				  §210, the Office of Vital Records shall
				  collect the following fees for copies of vital records and for services
				  performed in the processing and preparation of vital records. All fees are
				  non-refundable.
A. $15.00 - Fee for
				record search of files for a time period of 1 year before and 1 year after the
				stated date of the event and one certified copy of the record if located. This
				fee is for each search conducted regardless of whether or not the record is
				located.
B. $6.00 - Fee for each
				additional certified copy of the same record requested at the time a search is
				made.
C. $25.00 - Fee for
				verification of facts pertaining to a vital record, payment must accompany
				request for verification.
D. Free -
				One certified copy of any vital record for use in determining eligibility for
				Veterans Administration benefits.
E. $60.00 - Fee for preparation and one
				certified copy of a:
1. Delayed birth
				certificate; or a
2. Legitimation -
				includes attested copy of Legitimation application at the time of legitimation
				of the registrant; or a
3.
				Court-ordered legal name change; or an
4. Amendment/correction or completion of a
				vital record; or
5. Adding a
				putative father's name to a birth certificate upon receipt of an acknowledgment
				of paternity; court-ordered judgment of paternity; certified divorce decree or
				child protective order.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-1 - Definitions

Current through 2024-29, July 17, 2024
A. Affiant. "Affiant" means a person who has
				made an affidavit.
B. Affidavit.
				"Affidavit" means a statement made before a notary or other official qualified
				to take oaths.
C. Applicant.
				"Applicant" means a person 15 years of age or older who is the registrant; a
				parent or guardian if the registrant is under 15 years of age or is mentally
				incompetent; or a registrant who is under the age of 15 but has been designated
				an emancipated minor.
D.
				Application. "Application" means the application for a delayed registration of
				birth (VS-6 or other appropriate form), as prescribed and furnished by the
				state registrar.
E. Birth Facts.
				"Birth facts" means the registrant's full name, sex, date of birth (month, day,
				year) and place of birth (town, state).
F. Certificate of Live Birth. "Certificate of
				live birth" means the form in general use for registering births which occur in
				Maine.
G. Delayed Birth
				Registration. "Delayed birth registration" means the form prescribed and
				furnished by the state registrar for this purpose.
H. Office of Vital Statistics. "Office of
				Vital Statistics" means the Office of Data, Research, and Vital
				Statistics.
I. Parentage.
				"Parentage" means the full maiden name of the mother and the full name of the
				father.
J. Registrant. "Registrant"
				means the person whose birth is to be registered.
K. Registration. "Registration" means the
				filing of a record with the Office of Vital Statistics as required by law.
				Registration is complete when the Office of Vital Statistics enters the date of
				filing and signs the certificate.
L.
				State Registrar. "State registrar" means the State Registrar , Deputy State
				Registrar or other designated employee of the Office of Vital
				Statistics.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-2 - Responsibilities

Current through 2024-29, July 17, 2024
A. State Registrar
1. A delayed registration of birth may be
				made only in the manner prescribed in this chapter, except as authorized by the
				state registrar.
2. The Office of
				Vital Statistics shall provide a certified statement with a seal that no record
				of the birth can be found in its files or at the municipality where the birth
				occurred.
3. Applications and all
				documents shall be submitted to the Office of Vital Statistics for review and
				action.
4. The state registrar
				shall evaluate all applications and evidence submitted in support of the
				delayed registration and shall approve and file the request when supported by
				appropriate evidence.
5. Upon
				determination that a record of the delayed birth registration should be filed,
				the Office of Vital Statistics shall send appropriate documentation and
				instructions to the clerk of the municipality where the birth
				occurred.
6. When an applicant does
				not submit the minimum documentation specified in this chapter for the delayed
				registration of a birth or when the state registrar has reasonable cause to
				question the validity or adequacy of the applicant's sworn statements or the
				documentary evidence, the Office of Vital Statistics shall not file the delayed
				registration. The application shall be advised of the reason for this action,
				and the application, fee and all documents shall be returned to the applicant
				until such time as adequate and acceptable documentation is
				submitted.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-3 - Conditions for Delayed Registration

Current through 2024-29, July 17, 2024
Any person born in this state whose birth is not recorded in
				  the files of either the Office of Vital Statistics or the clerk of the
				  municipality where the birth occurred may request a delayed registration of
				  birth.
If the person whose birth is to be registered is under the
				  age of 15 or is mentally incompetent, the application for delayed registration
				  of birth must be made by the person who attended the birth, the person in
				  charge of the facility where birth occurred, the parent(s) or guardian.
An emancipated minor may apply directly for delayed
				  registration of his or her birth.
A delayed registration of birth more than seven years after
				  the birth occurred shall not be established for a person who has died except
				  upon order by a court of competent jurisdiction.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-4 - Registration at Age Seven Years and Under

Current through 2024-29, July 17, 2024
A.
				Form
Certificates of birth filed after the period specified in 22
				  MRSA §2761 but not more than seven years after the date of birth shall be
				  filed with the clerk of the municipality where birth occurred on the
				  certificate of live birth. The certificate shall not be marked
				  "delayed".
B. Who May Apply
The person currently in charge of the hospital or institution
				  where the birth occurred, the physician or other person who attended the birth,
				  or a parent shall file the certificate of live birth. In the event that none of
				  those persons are available, the registrant's guardian shall file the
				  certificate.
C. Evidence
1. If the certificate is filed by the person
				currently in charge of the hospital or institution where birth occurred, an
				affidavit referencing the hospital records which document the birth shall be
				attached.
2. The completed
				certificate of live birth signed by the attendant or the parent is sufficient
				evidence of the facts of birth and parentage.
3. If the certificate is filed by the
				registrant's guardian, an affidavit setting forth the reasontherefor and at
				least one document supporting the facts of birth and parentage must be attached
				to the certificate. The document(s) provided may not be an affidavit of
				personal knowledge; it must meet the standards of acceptability specified in
				section 5, subsection E except that it need be established only one year prior
				to the date of application.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-5 - Registration at Ages Eight Years and Older

Current through 2024-29, July 17, 2024
A.
				Form
1. Births registered eight or more years
				after the date of birth shall be recorded on the delayed birth registration
				form and filed with the Office of Vital Statistics. The form shall be signed
				and sworn to before an official authorized to take oaths, by the person
				applying for the delayed registration.
2. Any certified copy of a delayed birth
				registration shall be made by photocopying the original or by transferring the
				information it contains onto the "copy of a delayed birth registration"
				form.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 9 - DELAYED BIRTH REGISTRATION › Section 146-9-6 - Legal Change of Status

Current through 2024-29, July 17, 2024
When evidence is presented reflecting a legal change of
				  status by adoption,legitimation, paternity determination, or acknowledgment of
				  paternity, a new delayed birth registration may be established to reflect such
				  change.
The existing delayed registration form and the evidence upon
				  which the new registration was based shall be placed in a special file. Such
				  file shall not be subject to inspection except upon order of a court of
				  competent jurisdiction or by the state registrar for purposes of properly
				  administering the vital statistics program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 10 - BIRTH REGISTRATION › Section 146-10-2 - Parentage

Current through 2024-29, July 17, 2024
For the purposes of birth registration, the mother is deemed
				  to be the woman who gives birth to the child, unless otherwise determined by a
				  court of competent jurisdiction prior to the filing of the birth certificate.
				  If the mother was married at the time of either conception or birth, or at any
				  time between conception and birth, the name of the husband must be entered on
				  the birth certificate as the father of the child, unless paternity has been
				  determined otherwise by a court of competent jurisdiction.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 10 - BIRTH REGISTRATION › Section 146-10-3 - Births in an Institution

Current through 2024-29, July 17, 2024
A. Responsibilities
1. Responsibility of Institution
All births occurring in an institution or en route to an
				  institution, or attended in an institution immediately following the birth,
				  must be registered in accordance with this section.
2. Responsibility of Person in Charge
The person in charge of the institution shall designate one
				  or more individuals to be responsible for obtaining the personal and medical
				  information required for the birth certificate, preparing it and filing it with
				  the state registrar and municipal clerk as specified in this section.
3. Responsibility of Physician or
				Attendant
The physician or other person in attendance at the birth
				  shall provide the medical information for the certificate to the person
				  responsible for filing within 24 hours after the birth.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 10 - BIRTH REGISTRATION › Section 146-10-4 - Births Outside an Institution

Current through 2024-29, July 17, 2024
A.
				Certificate
1. When a birth occurs outside an
				institution, it must be registered with the clerk of the municipality in which
				it occurred on the "Certificate of Live Birth" form prescribed and furnished by
				the state registrar for this purpose except as specified below.
2. When a birth occurs en route to an
				institution or is attended in an institution immediately following the birth,
				it shall be registered as specified in section 3, above. The place of birth for
				a birth which occurs in a moving conveyance is determined as specified in
				section 5, below.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 146 - OFFICE OF DATA, RESEARCH AND VITAL STATISTICS › Chapter 10 - BIRTH REGISTRATION › Section 146-10-5 - Birth in Moving Conveyance

Current through 2024-29, July 17, 2024
A. Within the
				United States
When a birth occurs in a moving conveyance within the United
				  States and the child is first removed from the conveyance in Maine, the birth
				  shall be registered in Maine and the place where it is first removed shall be
				  considered the place of birth.
B. Outside the United States
When a birth occurs in a moving conveyance while in
				  international waters or air space or in a foreign country or its air space and
				  the child is first removed from the conveyance in Maine, the birth shall be
				  registered in Maine. The certificate shall show the actual place of birth
				  insofar as can be determined. A certificate registered under this subsection is
				  not evidence of United States citizenship.