Unless otherwise specified as used in this chapter, the term:
(1) "Court" means the Superior Court of the District of Columbia established by § 11-901.
(2) "Day" means calendar day.
(3) "Dead body" means a human body or such parts of such human body from the condition of which it may be reasonably concluded that death recently occurred.
(4) "District" means within the geographical boundaries of the District of Columbia.
(4A) "Domestic partner" shall have the same meaning as provided in § 32- 701(3), but shall exclude a domestic partner who is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child.
(4B) "Domestic partnership" shall have the same meaning as provided in § 32- 701(4), but shall exclude a domestic partnership where a domestic partner is the parent, grandparent, sibling, child, grandchild, niece, nephew, aunt, or uncle of a woman who gives birth to a child.
(4C) "Expected death" means a death from a previously diagnosed illness with a prognosis of death in less than 6 months.
(5) "Fetal death" means death prior to the complete expulsion or extraction from its mother of a product of a human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. The term "fetal death" does not include an induced termination of pregnancy.
(6) "File" means the presentation of a vital record for registration.
(7) "Final disposition" means the burial, interment, cremation, removal from the District, or other authorized disposition of a dead body or fetus.
(7A) "IV-D agency" means the organizational unit of the District government, or any successor organizational unit, that is responsible for administering or supervising the administration of the District's State Plan under title IV, part D, of the Social Security Act, approved January 4, 1975 (88 Stat. 2351; 42 U.S.C. § 651 et seq.), pertaining to parent locator services, paternity establishment, and the establishment, modification, and enforcement of support orders.
(8) "Institution" means any establishment, public or private, which provides inpatient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care, or to which persons are committed by law.
(9) "Live birth" means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.
(10) "Person" means an individual, a trust, an estate, a partnership, a corporation (including associations, joint stock companies, and insurance companies), the District government, or an agency or instrumentality of the District government.
(11) "Physician" means an individual authorized to practice medicine or osteopathy in the District.
(12) "Registrar" means the person appointed by the Director of the Department of Health to administer the system of vital records for the District government under this chapter.
(13) "Registration" or "register" means the acceptance of vital records by the Registrar and the incorporation of vital records provided for in this chapter into his or her official records.
(14) "System of vital records" means the registration, collection, preservation, amendment, and certification of vital records, the collection of other reports required by this chapter, and activities related thereto.
(15) "Vital records" means certificates or reports of birth, death, marriage, divorce, annulment, and data related thereto which is permitted to be gathered under this chapter.
(16) "Vital statistics" means the data derived from certificates and reports of birth, death, fetal death, marriage, divorce, annulment, and related reports.
(Oct. 8, 1981, D.C. Law 4-34, § 2, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180, § 2(a), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269, § 104(a), 48 DCR 1270; Apr. 11, 2003, D.C. Law 14-299, § 2(a), 50 DCR 388; July 18, 2008, D.C. Law 18-33, § 2(a), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-201.
Effect of Amendments
D.C. Law 13-269 added par. (7A).
D.C. Law 14-299, in par. (12), substituted "Department of Health" for "Department of Human Services".
D.C. Law 18-33 redesignated former par. (4A) as (4C); and added pars. (4A) and (4B).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 3(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 103(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 103(a) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Temporary Addition of Section
For temporary (225 day) additions, see §§ 2, 3 of Tobacco Settlement Model Temporary Act of 1999 (D.C. Law 13-45, October 20, 1999, law notification 46 DCR 8865).
Emergency Act Amendments
For temporary amendment of section, see § 3(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 3(a) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 3(a) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 3(a) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 3(a) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 103(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 103(a) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 103(a) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 103(a) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13- 446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 104(a) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
Law 4-34, the "Vital Records Act of 1981," was introduced in Council and assigned Bill No. 4-161, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 16, 1981, and June 30, 1981, respectively. Signed by the Mayor on July 20, 1981, it was assigned Act No. 4-58 and transmitted to both Houses of Congress for its review.
Law 9-180, the "Medical Cause of Death Privacy and Expected Death at Home Vital Records and Kenilworth-Parkside Equitable Water and Sewer Service Relief Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-275, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 7, 1992, and October 6, 1992, respectively. Signed by the Mayor on October 23, 1992, it was assigned Act No. 9-299 and transmitted to both Houses of Congress for its review. D.C. Law 9-180 became effective on March 13, 1993.
Law 13-269, the "Child Support and Welfare Reform Compliance Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-254, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on January 8, 2001, it was assigned Act No. 13-559 and transmitted to both Houses of Congress for its review. D.C. Law 13-269 became effective on April 3, 2001.
Law 14-299, the "Surname Choice Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-715, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on November 7, 2002, and December 3, 2002, respectively. Signed by the Mayor on December 27, 2002, it was assigned Act No. 14-575 and transmitted to both Houses of Congress for its review. D.C. Law 14-299 became effective on April 11, 2003.
Law 18-33, the "Domestic Partnership Judicial Determination of Parentage Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-66, which was referred to the Committee on Public Safety and the Judiciary. The Bill was adopted on first and second readings on April 7, 2009, and May 5, 2009, respectively. Signed by the Mayor on May 21, 2008, it was assigned Act No. 18-66 and transmitted to both Houses of Congress for its review. D.C. Law 18-33 became effective on July 18, 2008.
The Mayor shall establish a vital records system consistent with this chapter for the reporting, maintenance, issuance, and confidentiality of vital records.
(Oct. 8, 1981, D.C. Law 4-34, § 3, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-202.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
The Director of the Department of Health shall appoint the Registrar who shall:
(1) Be in charge of administering the vital records system and be the custodian of its records; and
(2) Develop and distribute forms or other means for transmitting data to carry out the reporting and registration purposes of this chapter.
(Oct. 8, 1981, D.C. Law 4-34, § 4, 28 DCR 3271; Apr. 11, 2003, D.C. Law 14-299, § 2(b), 50 DCR 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-203.
Effect of Amendments
D.C. Law 14-299 substituted "Department of Health" for "Department of Human Services".
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For Law 14-299, see notes following § 7-201.
(a) Each certificate, record, report, and other document required by this chapter shall be on a form or in a format prescribed by the Registrar.
(b) Each vital record shall contain the date of registration.
(c) Information required in a certificate or report may be filed and registered by photographic, electronic, or other means as prescribed by the Registrar.
(d) Each form may include each item recommended by the federal agency responsible for national vital statistics.
(Oct. 8, 1981, D.C. Law 4-34, § 5, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-204.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) A certificate of birth for each live birth which occurs in the District shall be filed as directed by the Registrar, within 5 days after such birth, and shall be registered if it has been completed and filed in accordance with this chapter.
(b) When a birth occurs in or en route to an institution the person in charge of the institution or his or her designee shall collect the personal data, prepare the certificate, secure the signatures required, and file the certificate. The physician or other person in attendance at or immediately after the birth shall provide the medical information required in the certificate and certify to the facts of birth within 72 hours after the birth. If the physician, or other person in attendance at or immediately after the birth, does not certify to the facts of birth within the 72-hour period, the person in charge of the institution or his or her designee shall certify to the facts of birth and complete the certificate.
(c) When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following persons in the indicated order of priority:
(1) The physician in attendance at the time of birth or in attendance immediately after the birth;
(2) Any other person in attendance at the time of birth or in attendance immediately after the birth; or
(3) The mother, the father, the spouse or domestic partner of the mother, or, in the absence of the father or the spouse or domestic partner of the mother, and the inability of the mother, the person in charge of the premises where the birth occurred.
(d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in the District, the birth shall be registered in the District, and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters, air space, in a foreign country or its air space, and the child is first removed from the conveyance in the District, the birth shall be registered in the District, but the certificate shall show the actual place of birth insofar as can be determined.
(e) For the purposes of preparation and filing a birth certificate the following rules apply:
(1) The certificate shall include the name of the mother of the child;
(2) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the spouse shall be entered on the certificate as a parent of the child, unless parentage has been determined otherwise by the Court pursuant to § 16-909;
(2A) If the mother was in a domestic partnership at the time of either conception or birth, or between conception and birth, the name of the domestic partner of the mother shall be entered on the certificate as a parent of the child, unless parentage has been determined otherwise by the Court pursuant to § 16-909;
(3) If the mother was not married or in a domestic partnership at the time of either conception or birth, or between conception and birth, the name of the other parent shall only be entered on the certificate if:
(A) The parents have signed a voluntary acknowledgment of paternity pursuant to § 16-909.1(a)(1) or pursuant to the laws and procedures of another state in which the voluntary acknowledgment was signed;
(B) The parents have signed a consent to parent a child born by artificial insemination pursuant to § 16-909(e) and paragraph (3A) of this subsection; or
(C) A court or administrative agency of competent jurisdiction has adjudicated as the other parent the person to be named as the other parent on the certificate.
(3A) For the purposes of the certificate, the consent to parent a child born by artificial insemination pursuant to § 16-909(e) shall be on a form prescribed and furnished by the Registrar that:
(A) Acknowledges consent by the mother and the intended parent to the insemination with the intent to be a parent of the child:
(B) Is signed under oath (which may include signature in the presence of a notary);
(C) Includes written notice that legal consequences, rights, and responsibilities as a parent arise from signing the consent; and
(D) Contains the full names, social security numbers, and dates of birth of the parents and child, the addresses of the parents, the birthplace of the child, and a statement indicating that both parents understand the rights, responsibilities, and consequences of signing the affidavit;
(4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; and
(5) The surname of the child shall be the surname of a parent whose name appears on the child's birth certificate, or both surnames recorded in any order or in hyphenated or unhyphenated form, or any surname to which either parent has a familial connection. If the chosen surname is not that of a parent, or a combination of all or part of both surnames, either or both parents shall provide an affidavit stating that the chosen surname was or is the surname of a past or current relative or has some other clearly stated familial connection. Submission of an affidavit containing false information shall be punishable under § 7-225.
(f) Either of the parents of the child, or other informant, shall confirm with his or her signature the accuracy of the personal data entered on the certificate before the certificate is filed.
(Oct. 8, 1981, D.C. Law 4-34, § 6, 28 DCR 3271; Apr. 3, 2001, D.C. Law 13-269, § 104(b), 48 DCR 1270; Apr. 11, 2003, D.C. Law 14-299, § 2(c), 50 DCR 388; July 18, 2008, D.C. Law 18-33, § 2(b), 56 DCR 4269.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-205.
Effect of Amendments
D.C. Law 13-269 rewrote sub par. (e)(3), which formerly read:
"(3) If the mother was not married at the time of either conception or birth or between conception and birth, the name of the father shall only be entered on the certificate with the written consent of the mother and the person to be named as the father, in which case, upon written request to the Registrar by both parents, the surname of the child shall be entered on the certificate as that of the father;"
D.C. Law 14-299, in subsec. (e)(3), substituted "certificate;" for "certificate. In such cases, upon written request to the Registrar by both parents, the surname of the child shall be entered on the certificate as that of the father;"; and added subsec. (e)(5).
D.C. Law 18-33 rewrote subsecs. (c)(3), (e)(3), and (e)(5); in subsec. (e)(2), substituted "spouse" for "husband" and substituted "a parent" for "the father"; and added pars. (e)(2A) and (3A). Prior to amendment, subsecs. (c)(3), (e)(3), and (e)(5) read as follows:
"(3) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred."
"(3) If the mother was not married at the time of either conception or birth, or between conception and birth, the name of the father shall only be entered on the certificate if the parents have signed a voluntary acknowledgment of paternity pursuant to § 16-909.1(a)(1) (or pursuant to the laws and procedures of another state in which the voluntary acknowledgment was signed), or a court or administrative agency of competent jurisdiction has adjudicated as the father the person to be named as the father on the certificate;"
"(5) The surname of the child shall be the surname of the mother at the time of birth, the surname of the father at the time of birth, or both, recorded in any order or in hyphenated or unhyphenated form, or any surname to which either the mother or father has a familial connection. If the chosen surname is not that of the mother or father, or a combination of all or part of both surnames, the mother or father shall provide an affidavit stating that the chosen surname was or is the surname of a past of current relative or has some other clearly stated familial connection. Submission of an affidavit containing false information shall be punishable under § 7-225."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 3(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 103(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 103(b) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 3(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 3(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 3(b) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 3(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 3(b) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 103(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 103(b) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 103(b) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 103(b) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13- 446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 104(b) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For D.C. Law 13-269, see notes following § 7-201.
For Law 14-299, see notes following § 7-201.
For Law 18-33, see notes following § 7-201.
(a) A person required to prepare and file a certificate of birth shall provide on a form separate from the certificate of birth, the Social Security account number or numbers of each parent, if the parent has more than 1 Social Security account number. The Social Security account number shall not be recorded on the certificate of birth.
(b) The social security account number shall be collected by the Registrar and made available only to the IV-D agency for the establishment, modification, and enforcement of support orders. A social security account number shall not be available for any other purpose.
(Oct. 8, 1981, D.C. Law 4-34, § 6a, as added July 25, 1990, D.C. Law 8- 150, § 5, 37 DCR 3720; Apr. 3, 2001, D.C. Law 13-269, § 105, 48 DCR 1270.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-205.1.
Effect of Amendments
D.C. Law 13-269 rewrote subsec. (b) which formerly read:
"(b) The Social Security account number shall be collected by the Register of Vital Records and made available only to the Department of Human Services Office of Paternity and Child Support Enforcement, and the Child Support Section of the Civil Division of the Office of the Corporation Counsel for the enforcement of child support orders. A Social Security account number shall not be available for any other purpose."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 4 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 4 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 104 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 104 of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 4 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 4 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 4 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12-439, August 12, 1998, 45 DCR 6110), § 4 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 4 of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 104 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 104 of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 104 of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 104 of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13-446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 105 of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
Law 8-150, the "Child Support Guideline Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-461, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on May 1, 1990, and May 15, 1990, respectively. Signed by the Mayor on May 30, 1990, it was assigned Act No. 8-208 and transmitted to both Houses of Congress for its review.
For D.C. Law 13-269, see notes following § 7-201.
(a) A person who assumes legal custody of a live born infant of unknown parentage shall report the following information to the Registrar, within 5 days after taking custody:
(1) Date and place child was found;
(2) Sex, race, and approximate birth date 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) Any other data required by the Registrar.
(b) The place where the child was found shall be entered as the place of birth.
(c) A report registered under this section shall constitute the certificate of birth for the child.
(d) If the child is identified and a certificate of birth is obtained, the report registered under this section shall be sealed and placed in a special file and shall not be subject to inspection except upon order of the Court (or as provided by regulation).
(Oct. 8, 1981, D.C. Law 4-34, § 7, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-206.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) A certificate of birth may be filed after the 5-day period specified in § 7-205 if the person or institution filing the certificate meets the filing and registration requirements imposed by this section. The Registrar shall prescribe by regulation evidentiary requirements to substantiate facts of birth for those certificates filed and registered after the 5-day period.
(b) A certificate of birth registered 1 year or more after the date of birth shall be marked "delayed" and show the date of the delayed registration on the face of the certificate.
(c) A written summary statement of the evidence submitted in support of the delayed registration shall be made by the Registrar on the certificate. Both the registrant and the Registrar shall sign the certificate and have the signatures notarized.
(d)(1) When an applicant does not submit the minimum documentation required in the regulations for delayed registration or when the 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 Registrar shall not register the delayed certificate of birth. The Registrar shall state in writing to the applicant the reason for this action. Upon the Registrar's refusal to register, the registrant shall have a cause of action in the Court to establish the date and place of birth and the parentage of the person whose birth is to be registered. The Registrar shall give the registrant written notice of this right.
(2) The Registrar may by regulation provide for the dismissal of an application which is not actively pursued.
(Oct. 8, 1981, D.C. Law 4-34, § 8, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-207.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) If a delayed certificate of birth is rejected under § 7-207, a complaint signed and sworn to by the petitioner may be filed with the Court 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. A complaint filed under this section shall be governed by the Rules of the Superior Court of the District of Columbia.
(b) Such petition shall allege:
(1) That the person for whom a delayed certificate of birth is sought was born in the District;
(2) That no certificate of birth of such person can be found in the District government vital records system;
(3) That despite diligent efforts by the petitioner, he or she was unable to obtain the evidence required by this chapter and regulations issued pursuant to this chapter;
(4) That the Registrar has refused to register a delayed certificate of birth; and
(5) Any other information needed to establish the facts of birth.
(c) The petition shall be accompanied by a statement of the Registrar made in accordance with § 7-207 and all documentary evidence which was submitted to the Registrar in support of such registration.
(d) The Court shall issue an order to establish a certificate of birth if the Court finds, that the person for whom a delayed certificate of birth is sought was born in the District. The Court shall make findings as to the place and date of birth, parentage, and such other findings as may be required. The order shall include the birth data to be registered, a description of the evidence presented, and the date of the Court's action.
(e) The Court shall forward a certified copy of such order to the Registrar not later than the 10th day of the month following the month during which it was entered. The certified copy of the order shall cause the Registrar to execute a certificate of birth.
(Oct. 8, 1981, D.C. Law 4-34, § 9, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-208.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) The Court shall cause to be prepared an adoption form for each adoption decreed by the Court. The form shall:
(1) State facts necessary to locate and identify the original certificate of birth of the adoptee;
(2) Provide only such information as is necessary to establish a new certificate of birth for the adoptee;
(3) Identify the adoption order; and
(4) Be certified by the Court.
(b) The petitioner for adoption or his or her attorney shall supply the information required by the Court to prepare an adoption form in format prescribed and furnished by the Registrar. The Department of Health or any person having knowledge of the facts shall supply the Court with any additional information necessary to complete the adoption form.
(c) The Court shall prepare an adoption form whenever an adoption decree is amended or invalidated. The adoption form shall identify the original adoption form and shall include any additional facts in the adoption decree necessary to properly amend the birth record.
(d) The Court shall forward to the Registrar adoption forms concerning decrees of adoption, invalidation of adoption, and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the Registrar may require no later than the final day of each calendar month.
(e) The Registrar shall forward any adoption form and certified copy of a Court decree concerning any invalidation of adoption or amendment of a decree of adoption for persons born outside the District that he or she receives to the Registrar in the state of the person's birth. If the birth occurred in a foreign country, the adoption form and decree shall be returned to the attorney or agency handling the adoption for submission to the appropriate federal agency.
(Oct. 8, 1981, D.C. Law 4-34, § 10, 28 DCR 3271; Apr. 11, 2003, D.C. Law 14-299, § 2(d), 50 DCR 388.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-209.
Effect of Amendments
D.C. Law 14-299, in subsec. (b), substituted "Department of Health" for "Department of Human Services".
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For Law 14-299, see notes following § 7-201.
(a) The Registrar shall establish a new certificate of birth for a person born in the District, upon receipt of one of the following documents:
(1) An adoption form prepared according to § 7-209;
(2) An adoption form prepared and filed according to the laws of a state or foreign country;
(3) A certified copy of an order issued by the Court determining the parentage of such a person; or
(4) A written acknowledgement of parentage of the person, pursuant to § 16- 2345.
(a-1)(1) The Registrar shall establish a new certificate of birth for an adoptee born outside of the United States upon receipt of a request of the adoptive parent or the adoptee, if the adoptee is 18 years of age or older, and receipt of either:
(A) An adoption form prepared according to § 7-209; or
(B)(i) A copy of the foreign adoption decree;
(ii) A certified translation of the foreign adoption decree; or if birth information is not already included in the foreign adoption decree, evidence as to the child's birth date and birthplace, which may be evidenced by:
(I) An original birth certificate;
(II) A post-adoption birth certificate issued by the foreign jurisdiction, including a certified copy, extract, or translation; or
(III) Other equivalent document, such as a record of the U.S. Citizenship and Immigration Services or the U.S. Department of State; and
(iii) Evidence of IR-3 immigrant visa status, or successor immigrant visa status, for the child by the U.S. Citizenship and Immigration Services.
(2) Following review by the Registrar, all adoption documents issued by the foreign jurisdiction shall be returned to the adoptive parent or adoptee, whichever is applicable.
(3) Subsections (f) and (g) of this section shall not apply to this subsection.
(b) The Registrar shall not establish a new certificate of birth if so requested by the adoptive parents pursuant to § 16-314 (a).
(c) The actual place and date of birth shall be shown on a new certificate of birth. The new certificate shall be substituted for the original certificate of birth in the files. The new certificate shall nowhere on its face show that parentage has been established by judicial process or by acknowledgement. The original certificate of birth and the evidence of adoption, parentage determination, or parentage acknowledgement shall not be subject to inspection; except, that:
(1) By the Registrar only for the purpose of properly administering the vital statistics program under this chapter; or
(2) Upon order of the Court.
(d) A certificate of birth shall be amended upon receipt of an adoption form concerning an amended decree of adoption. The Registrar shall issue regulations to govern amendment of certificates of birth.
(e) The Registrar shall restore the original certificate of birth to its place in the files upon receipt of the report or decree of invalidation of adoption. The new certificate and evidence shall not be subject to inspection except upon order of the Court or as provided by regulations implementing this chapter.
(f) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section, and the date and place of birth have not been determined in the adoption or parentage proceedings, a delayed certificate of birth shall be filed with the Registrar under § 7-207 or § 7-208 before a new certificate of birth is established. The new birth certificate shall be prepared on the delayed birth certificate form.
(g) Each copy of the original certificate of birth shall be sealed from inspection when a new certificate of birth is established.
(Oct. 8, 1981, D.C. Law 4-34, § 11, 28 DCR 3271; May 21, 1992, D.C. Law 9-101, § 3, 39 DCR 2146; Mar. 2, 2007, D.C. Law 16-191, § 32, 53 DCR 6794; Sept. 24, 2010, D.C. Law 18-230, § 602, 57 DCR 6951.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-210.
Effect of Amendments
D.C. Law 16-191, in subsec. (a)(4), deleted "or § 46-720" from the end.
D.C. Law 18-230 rewrote subsec. (a-1), which had read as follows:
"(a-1) The Registrar shall establish a new certificate of birth for an adoptee born outside of the United States, upon receipt of a request from the adopting parents, or the adoptee if 18 years of age or older, and receipt of one of the following documents:
"(1) An adoption form prepared according to § 7-209; or
"(2) An adoption decree and the original certificate of birth, or evidence as to the date and place of birth of the adoptee from sources determined by the Court to be reliable, prepared according to the laws of the country where the birth occurred."
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Law 9-101, the "Vital Records Adoptive Birth Registration Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-192, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on February 4, 1992, and March 3, 1992, respectively. Signed by the Mayor on March 23, 1992, it was assigned Act No. 9-173 and transmitted to both Houses of Congress for its review. D.C. Law 9-101 became effective on May 21, 1992.
For Law 16-191, see notes following § 7-103.
Law 18-230, the "Adoption Reform Act of 2010", was introduced in Council and assigned Bill No. 18-547, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 1, 2010, and June 15, 2010, respectively. Signed by the Mayor on July 12, 2010, it was assigned Act No. 18-547 and transmitted to both Houses of Congress for its review. D.C. Law 18-230 became effective on September 24, 2010.
(a) The funeral director or person acting as such who first takes custody of the dead body shall file a certificate of death. He or she shall obtain the personal data from the next of kin or the best qualified person or source available and obtain the medical certificate required under this section.
(b) A certificate of death for each death which occurs in the District shall be filed as directed by the Registrar within 5 days after death and before final disposition. The certificate shall be registered if it has been completed and filed according to this chapter.
(c) If the place of death is unknown but the dead body is found in the District, the certificate of death shall be completed and filed in the District. The place where the body is found shall be shown as the place of death. If the date of death is unknown, it shall be determined by approximation.
(d) When death occurs on a moving conveyance in the United States and the body is first removed from the conveyance in the District, the death shall be registered in the District and the place where it is first removed shall be considered the place of death. When a death occurs on a moving conveyance while in international waters or air space, or in a foreign country or its air space and the body is first removed from the conveyance in the District, the death shall be registered in the District, but the certificate shall show the actual place of death insofar as can be determined.
(e) Within 48 hours after death, the physician in charge of a patient's care for the condition which resulted in death shall complete, sign, and return the medical certification portion of the death certificate to the funeral director, except when inquiry is required by the Office of the Chief Medical Examiner. In the absence of such physician or with his or her authorization, the certificate may be completed and signed by his or her associate physician, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, if that individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes.
(f) When an inquiry is conducted by the Office of the Chief Medical Examiner, the Medical Examiner shall determine the cause of death, and complete, sign, and return the medical certification portion of the death certificate to the funeral director within 48 hours after taking charge of the case.
(g) If the cause of death cannot be determined within 48 hours after death, the medical certification shall be completed as provided by regulation. The physician completing the medical certification or Medical Examiner shall give the funeral director or person acting as the funeral director, notice of the reason of the delay. Final disposition of the body shall not be made until authorized by the physician completing the medical certification or the Medical Examiner.
(h) When a death is presumed to have occurred within the District, but the body cannot be located, a death certificate shall be prepared by the Registrar upon receipt of an order of the Court pursuant to § 14-701. The Court order shall include a finding of facts necessary for completion of the death certificate. The death certificate shall be marked "presumptive", show on its face the date of registration, identify the Court, and state the date of the decree.
(i) Each death certificate shall contain a pronouncement of death section, a medical certification of cause of death section, and the social security number of the deceased. For the purposes of this subsection, the pronouncement of death section shall include all facts required to be reported in this section, except for those facts relating to the medical cause or causes of death reported pursuant to subsections (e) and (f) of this section.
(j) In the case of an expected death at a decedent's place of residence at the time of death, attended by a treating physician or a registered nurse working in general collaboration with the treating physician, the attending registered nurse may sign the pronouncement of death section of the death certificate promptly following death.
(Oct. 8, 1981, D.C. Law 4-34, § 12, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180, § 2(b), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269, § 104(c), 48 DCR 1270.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-211.
Effect of Amendments
D.C. Law 13-269 rewrote the first sentence of subsec. (i), which previously read "Each death certificate shall contain a pronouncement of death section and a medical certification of cause of death section."
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 3(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 103(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 103(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 3(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 3(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 3(c) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 3(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 3(c) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 103(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 103(c) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 103(c) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 103(c) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13- 446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 104(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For legislative history of D.C. Law 9-180, see Historical and Statutory Notes following § 7-201.
For D.C. Law 13-269, see notes following § 7-201.
(a) A delayed certificate of death may be filed in accordance with regulations issued by the Registrar, when a death occurring in the District has not been registered within the time period specified in § 7-211. Any delayed certificate shall be registered subject to such evidentiary requirements as the Registrar shall prescribe by regulation in order to substantiate the alleged facts of death.
(b) A certificate of death registered 1 year or more after the date of death shall be marked "delayed" and shall show on its face the date of the delayed registration.
(Oct. 8, 1981, D.C. Law 4-34, § 13, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-212.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) Each fetal death of 20 completed weeks gestation or more, calculated from the date that the last normal menstrual period began to the date of delivery, or a weight of 500 grams or more, which occurs in the District shall be reported as directed by the Registrar within 5 days after occurrence. For purposes of preparing and filing a fetal death report the following rules apply:
(1) When such fetal death occurs in an institution, the person in charge of the institution or his or her designee shall prepare and file the report required by this section;
(2) When such fetal death occurs outside an institution, the physician in attendance at the delivery or immediately after delivery shall prepare and file the report required by this section;
(3) When a fetal death required to be reported under this section occurs without medical attendance at or immediately after the delivery, the Medical Examiner shall prepare and file the fetal death report;
(4) When such fetal death occurs on a moving conveyance and the fetus is first removed from the conveyance in the District, the fetal death shall be reported in the District. The place where the fetus was first removed from the conveyance shall be considered the place of fetal death;
(5) When a dead fetus is found in the District and the place of fetal death is unknown, the fetal death shall be reported in the District and the place where the dead fetus is found shall be considered the place of fetal death.
(b) The name of the mother and the father shall be entered on each fetal death report in accordance with the provisions of § 7-205.
(c) Each report required in this section is a statistical report to be used only for medical and health purposes and shall not be incorporated into the permanent official records of the system of vital records. A schedule for the disposition of these reports shall be provided for by regulation.
(Oct. 8, 1981, D.C. Law 4-34, § 14, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-213.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) The funeral director or person acting as such or person who first assumes custody of a dead body, before he or she may dispose of the body, must have: (1) Authorization for final disposition of the body from the next of kin; and (2) a death certificate. If the body is to be cremated, authorization for cremation must also be obtained from the Medical Examiner.
(b) Before final disposition of a dead fetus, regardless of the duration of pregnancy, the funeral director, the person in charge of the institution, or other person responsible for final disposition of the fetus, shall get authorization from the next of kin for final disposition.
(c) A dead body shall be removed from the place of death for the purpose of being prepared for final disposition only under the following conditions:
(1) Upon the consent of the medical examiner or the treating physician who certifies the cause of death; or
(2) In the case of an expected death at a decedent's place of residence, at the time of death upon the consent of a treating physician or a registered nurse working in general collaboration with the treating physician who signs the pronouncement of death section of the death certificate in accordance with § 7-211.
(d) Authorization for final disposition of a dead body or fetus brought into the District, issued by another state and accompanying the dead body or fetus, is sufficient authority for final disposition in the District.
(e) A sexton or person in charge of a place for interment or other disposition of dead bodies may not inter or allow interment or other disposition of a dead body or fetus unless it is accompanied by authorization for final disposition.
(f) Each person in charge of a place for final disposition shall include the date of disposition in the authorization and shall sign and return the authorization to the funeral director or person acting as the funeral director, within 10 days after the date of disposition. Where there is no person in charge of the place for final disposition, the funeral director or his or her designee shall endorse the authorization. At the close of each calendar month the funeral director or the person acting as the funeral director shall transmit to the Mayor all endorsed authorizations received during the month.
(g) Authorization for disinterment and reinterment is required before disinterment of a dead body or fetus. The authorization may be issued by the Registrar to a licensed funeral director or person acting as such, upon proper application.
(Oct. 8, 1981, D.C. Law 4-34, § 15, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180, § 2(c), 39 DCR 8078.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-214.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For legislative history of D.C. Law 9-180, see Historical and Statutory Notes following § 7-201.
(a) Each completed application and completed license for each marriage performed in the District on or after the effective date of this chapter shall be filed with the Registrar and shall be registered if it has been completed and filed in accordance with this chapter.
(b) The Court shall complete and forward to the Registrar on or before the 30th day of each calendar month the completed applications and completed licenses returned to the Court during the preceding calendar month.
(c) A marriage record not filed within the required time may be registered according to regulations issued by the Registrar.
(Oct. 8, 1981, D.C. Law 4-34, § 16, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-215.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) A record of each divorce and annulment granted by the Court shall be filed with the Registrar and shall be registered if it has been completed and filed in accordance with this section. The record shall be prepared by the plaintiff or his or her legal representative and shall be presented to the Clerk of the Court with the complaint for divorce or annulment in accordance with the Rules of the Superior Court of the District of Columbia.
(b) The Court shall complete and forward to the Registrar on or before the 20th day of each calendar month the records of each divorce or annulment decree granted during the preceding calendar month.
(c) The social security number of each individual who is subject to the divorce or annulment decree shall be included in the records of the Superior Court and Registrar concerning the divorce or annulment.
(Oct. 8, 1981, D.C. Law 4-34, § 17, 28 DCR 3271; Apr. 3, 2001, D.C. Law 13-269, § 104(d), 48 DCR 1270.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-216.
Effect of Amendments
D.C. Law 13-269 added subsec. (c).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 3(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 103(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 103(d) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 3(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 3(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 3(d) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 3(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 3(d) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 103(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 103(d) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 103(d) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 103(d) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13- 446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 104(d) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For D.C. Law 13-269, see notes following § 7-201.
(a) The Registrar shall issue regulations governing amendment of vital records, which shall protect the integrity and accuracy of the vital records. A certificate, or report registered under this chapter may be amended only in accordance with this chapter and regulations issued under this chapter.
(b) Except as otherwise provided in this section, a certificate or report that is amended under this section shall be marked "amended". The date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the records. The Registrar shall issue regulations which prescribe the conditions under which additions or minor corrections may be made to certificates, or reports, within 1 year after the date of the event without the certificate or record being marked "amended".
(c) Upon receipt of a certified copy of an order of a court of competent jurisdiction changing the name of a person born in the District and upon request of such person, his or her guardian or legal representative, or, in the case of a minor, his or her parents, the Registrar shall amend the certificate of birth to show the new name.
(d) Upon receipt of a certified copy of an order of the Court indicating that the sex of an individual born in the District has changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation.
(e) The Registrar shall not amend the vital record if: (1) an applicant does not submit the minimum documentation required in the regulations for amending a vital record; or (2) when the Registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, and the deficiencies are not corrected. The Registrar shall state in writing the reason for this action. Upon the Registrar's refusal to amend the vital record, the applicant shall have a cause of action in the Court to amend the vital record. The Registrar shall give the applicant written notice of this right.
(Oct. 8, 1981, D.C. Law 4-34, § 18, 28 DCR 3271; Mar. 14, 1985, D.C. Law 5-159, § 18, 32 DCR 30.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-217.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Law 5-159, the "End of Session Technical Amendments Act of 1984," was introduced in Council and assigned Bill No. 5-540, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 20, 1984, and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-224 and transmitted to both Houses of Congress for its review.
The Registrar may prepare typewritten, photographic, electronic, or other reproductions of certificates or reports in order to preserve the vital records. Such reproductions shall be accepted as the original records when certified by the Registrar. The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.
(Oct. 8, 1981, D.C. Law 4-34, § 19, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-218.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) No person may permit inspection of, disclose information contained in, or copy or issue a copy of any part of a vital record except as authorized by this chapter, regulations issued under and consistent with this chapter, or by order of the Court. Regulations issued under this section shall provide for adequate standards of security and confidentiality of vital records.
(b) The Registrar may authorize the disclosure of information contained in vital records for research purposes, and shall issue regulations governing such use of the records.
(c) Except for certificates, reports, or other documents which are sealed or confidential by statute, 100 years after the date of birth, and 50 years after the date of death, marriage, divorce or annulment, records in the custody of the Registrar become public records. The Registrar shall issue regulations to provide for continued safekeeping of these records and to allow information in these records to be made available to the public.
(d) Notwithstanding the provisions of this section, the Registrar shall provide reports of deaths of children 18 years of age or younger who either received or were eligible to receive certificates of live birth, as defined by § 7- 201(9), to the Child Fatality Review Committee pursuant to § 4-1317.12.
(Oct. 8, 1981, D.C. Law 4-34, § 20, 28 DCR 3271; Oct. 3, 2001, D.C. Law 14-28, § 4615, 48 DCR 6981.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-219.
Effect of Amendments
D.C. Law 14-28 added subsec. (d).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 15 of Child Fatality Review Committee Establishment Temporary Act of 2001 (D.C. Law 14-20, September 6, 2001, law notification 48 DCR 9090).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 15 of Child Fatality Review Committee Establishment Emergency Act of 2001 (D.C. Act 14-40, April 25, 2001, 48 DCR 5917).
For temporary (90 day) amendment of section, see § 15 of Child Fatality Review Committee Establishment Legislative Review Emergency Act of 2001 (D.C. Act 14- 82, July 9, 2001, 48 DCR 6355).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Law 14-28, the "Fiscal Year 2002 Budget Support Act of 2001", was introduced in Council and assigned Bill No. 14-144, which was referred to the Committee Of the Whole. The Bill was adopted on first and second readings on May 1, 2001, and June 5, 2001, respectively. Signed by the Mayor on June 29, 2001, it was assigned Act No. 14-85 and transmitted to both Houses of Congress for its review. D.C. Law 14-28 became effective on October 3, 2001.
(a) Upon receipt of a written application the Registrar shall issue a certified copy of all or part of a vital record in his or her custody to any applicant having a direct and tangible interest in the vital record. Each copy issued shall show the date of registration. A copy issued from records marked "delayed" or "amended" shall show the date of registration and the effective date. The documentary evidence used to establish a delayed certificate shall be shown on each copy issued. For purposes of this subsection the following rules apply:
(1) The registrant, a member of his or her immediate family, his or her guardian, or their respective legal representatives shall be considered to have a direct and tangible interest. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right;
(2) The term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the registrant or his or her family;
(3) The natural parents of adopted children, when neither has custody, and commercial firms or agencies requesting listings of names and addresses shall not be considered to have a direct and tangible interest;
(4) A certified copy provided under this subsection shall be restricted to the information contained in the pronouncement of death section and shall not include the facts of the medical cause or causes of death reported under § 7-211(e) and (f) unless a qualified applicant having a direct and tangible interest in the death certificate makes a specific request for a certified copy of the medical certification of cause of death section, in which case the Registrar shall provide a separate certified copy of the medical certification of the cause of death section.
(b) A certified copy of all or part of a vital record, issued in accordance with subsection (a) of this section, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated in the record. The evidentiary value of a certificate or record filed more than 1 year after the event or a record which has been amended shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
(c) The Registrar may supply copies or data from the system of vital records to the federal agency responsible for national vital statistics, as that agency may require for national statistics purposes, if the federal agency shares in the cost of collecting, processing, and transmitting such data. The data shall not be used for other than statistical purposes by the federal agency without authorization from the Registrar.
(d) Federal, state, District, and other public or private agencies may upon request be furnished copies or data from the system of vital records for statistical or administrative purposes upon such terms or conditions as may be prescribed by regulation. The copies or data shall not be used for purposes other than those for which they were requested.
(e) The Registrar may, by agreement, transmit copies of records and other reports required by this chapter to offices of vital records outside the District, when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. The agreement shall require that the copies be used for statistical and administrative purposes only and provide for the retention and disposition of such copies. Copies received by the Registrar from offices of vital records in the states shall be handled in the same manner as prescribed in this section.
(f) No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized in this chapter or regulations issued under this chapter.
(g) Nothing in this chapter shall be construed to prevent the Registrar from providing:
(1) Information or data from the pronouncement of death and the medical certification of cause of death sections of the death certificate in accordance with §§ 7-219(b) and 7-220(c), (d), and (e); or
(2) A certified copy of the complete death certificate, including the pronouncement of death and the medical certification of cause of death sections, to an insurer, who has a direct and tangible interest in the death certificate, and who has issued a policy to or on behalf of the deceased which provides financial or monetary benefits payable upon the death of the deceased.
(h) The Registrar shall disclose information contained in vital records, or copies of vital records, to the IV-D agency upon request, for purposes directly related to paternity establishment or the establishment, modification, or enforcement of a support order.
(Oct. 8, 1981, D.C. Law 4-34, § 21, 28 DCR 3271; Mar. 13, 1992, D.C. Law 9-180, § 2(d), (e), 39 DCR 8078; Apr. 3, 2001, D.C. Law 13-269, § 104(e), 48 DCR 1270.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-220.
Effect of Amendments
D.C. Law 13-269 added subsec. (h).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-103, May 8, 1998, law notification 45 DCR 3254).
For temporary (225 day) amendment of section, see § 3(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1998 (D.C. Law 12-210, April 13, 1999, law notification 46 DCR 3832).
For temporary (225 day) amendment of section, see § 103(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 1999 (D.C. Law 13-57, March 7, 2000, law notification 47 DCR 1979).
For temporary (225 day) amendment of section, see § 103(e) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238).
Emergency Act Amendments
For temporary amendment of section, see § 3(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1997 (D.C. Act 12-222, December 23, 1997, 44 DCR 114).
For temporary amendment of section, see § 3(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-309, March 20, 1998, 45 DCR 1923), § 3(e) of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110), § 3(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-503, October 27, 1998, 45 DCR 8495), and § 3(e) of the Child Support and Welfare Reform Compliance Second Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-600, January 20, 1999, 46 DCR 1239).
For temporary repeal of D.C. Law 12-103, see § 13 of the Child Support and Welfare Reform Compliance Second Emergency Amendment Act of 1998 (D.C. Act 12- 439, August 12, 1998, 45 DCR 6110).
For temporary (90-day) amendment of section, see § 103(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 1999 (D.C. Act 13-126, August 4, 1999, 46 DCR 6606).
For temporary (90-day) amendment of section, see § 103(e) of the Child Support and Welfare Reform Compliance Legislative Review Emergency Amendment Act of 1999 (D.C. Act 13-177, November 2, 1999, 46 DCR 9678).
For temporary (90-day) amendment of section, see § 103(e) of the Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-241, January 11, 2000, 47 DCR 581).
For temporary (90 day) amendment of section, see § 103(e) of the Child Support and Welfare Reform Compliance Emergency Amendment Act of 2000 (D.C. Act 13- 446, November 7, 2000, 47 DCR 9213).
For temporary (90 day) amendment of section, see § 104(e) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
For legislative history of D.C. Law 9-180, see Historical and Statutory Notes following § 7-201.
For D.C. Law 13-269, see notes following § 7-201.
(a) The Mayor shall issue regulations that prescribe the fee to be paid for:
(1) An amendment or correction to a vital record that is not the fault of the Mayor or a District government agency;
(2) A certified copy of a certificate or record;
(3) A search of a file or record if no copy is made;
(4) A copy or information provided for research, statistical, or administrative purposes;
(5) The processing of adoptions; or
(6) Issuance of a new certificate of birth.
(b) The fee collected shall be deposited into the General Fund of the District government.
(Oct. 8, 1981, D.C. Law 4-34, § 22, 28 DCR 3271; Sept. 26, 1990, D.C. Law 8-168, § 2, 37 DCR 4833.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-221.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Law 8-168, the "Vital Records Act of 1981 Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-450, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on June 12, 1990, and June 26, 1990, respectively. Signed by the Mayor on July 12, 1990, it was assigned Act No. 8-233 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Delegation of Authority Pursuant to the Vital Records Act of 1981, see Mayor's Order 2002-13, February 1, 2002 (49 DCR 930).
(a) A person in charge of an institution shall keep a record of personal data concerning each person admitted or confined to their institution. This record shall only include such information as required under this chapter for completion of certificates of birth and death and the reports of fetal death. The person being admitted or confined shall provide the information at the time of admission. If that person is unable to provide the necessary information, a relative or other person familiar with the pertinent facts shall supply the information. The record shall include the name and address of the person providing the information.
(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, 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, shall keep a record that identifies the body, and includes information pertaining to his or her receipt, removal, delivery, burial, or cremation of such body as may be required by regulations. This requirement supplements any other filing or reporting requirement imposed by this chapter or regulations.
(d) Records maintained under this section shall be retained for not less than 5 years and shall be made available for inspection by the Registrar according to regulation.
(Oct. 8, 1981, D.C. Law 4-34, § 23, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-222.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) A person with information needed to complete a certificate or report required under this chapter regarding any birth, death, fetal death, marriage, divorce, or annulment shall give such information to the Registrar upon request.
(b) Not later than the 10th day of the month following the month of occurrence, the administrator of each institution shall send to the vital records section a list showing each birth and death occurring in that institution during the preceding month.
(c) Not later than the 10th day of the month following the month of occurrence, each funeral director shall send to the Registrar a list showing each dead body embalmed or otherwise prepared for final disposition or finally disposed of by the funeral director during the preceding month.
(Oct. 8, 1981, D.C. Law 4-34, § 24, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-223.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
The Registrar is authorized to match birth and death certificates in accordance with written regulations issued by the Mayor to prove beyond a reasonable doubt the fact of death, and to post the facts of death to the appropriate birth certificate. Copies issued from birth certificates marked deceased shall be similarly marked.
(Oct. 8, 1981, D.C. Law 4-34, § 25, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-224.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) A fine of not more than $200 or imprisonment of not more than 90 days, or both, shall be imposed on:
(1) Any person who willfully and knowingly violates any of the provisions of this chapter or refuses to perform any of the duties imposed upon him or her by this chapter or regulations issued under this chapter; or
(2) Any person who willfully or negligently makes a false certification in any document required by this chapter.
(b) Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or the rules issued under authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2.
(Oct. 8, 1981, D.C. Law 4-34, § 26, 28 DCR 3271; June 5, 2003, D.C. Law 14-307, § 502, 49 DCR 11664.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-225.
Effect of Amendments
D.C. Law 14-307 designated the existing text as subsection (a); and added subsec. (b).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) amendment of section, see § 502 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 502 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Law 14-307, the "Fiscal Year 2003 Budget Support Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-892, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on October 1, 2002, and November 7, 2002, respectively. Signed by the Mayor on December 4, 2002, it was assigned Act No. 14-543 and transmitted to both Houses of Congress for its review. D.C. Law 14-307 became effective on June 5, 2003.
The Registrar may issue regulations as necessary to carry out the purposes of this chapter. The regulations shall be issued according to subchapter I of Chapter 5 of Title 2.
(Oct. 8, 1981, D.C. Law 4-34, § 27, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-226.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
If any provision of this chapter or its application to a particular person or circumstance is held invalid, such invalidity does not affect other provisions or applications.
(Oct. 8, 1981, D.C. Law 4-34, § 28, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-227.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
(a) Sections 7-202, 7-203, and 7-226 (including the authority to issue regulations to implement the entire chapter) shall take effect after a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto) as provided in § 1-206.02(c)(1).
(b) All other sections of this chapter shall take effect 60 days after the date provided in subsection (a) of this section.
(Oct. 8, 1981, D.C. Law 4-34, § 31, 28 DCR 3271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-228.
Legislative History of Laws
For legislative history of D.C. Law 4-34, see Historical and Statutory Notes following § 7-201.
Refs & Annos
HISTORICAL AND STATUTORY NOTES
Miscellaneous Notes
Revision of chapter: D.C. Law 4-34 repealed former Chapter 2, containing §§ 6- 201 to 6-204 [1981 Ed.], and enacted present Chapter 2 of former Title 6, containing §§ 7-201 to 7-228 [2001 Edition], in lieu thereof.
