Title I, The State and Its Government

I. Birth records prior to 1901 and death, marriage, divorce, legal separation, or civil annulment records prior to 1948 shall be considered public records. II. Local and state registrars shall make vital records available only to persons who have a direct and tangible interest in…

I. For statistical purposes, the state registrar shall, by written agreement, transmit copies of vital event records to offices of vital statistics outside of New Hampshire when such records relate to residents of those jurisdictions or persons who die in those jurisdictions. II.…

I. All requests for vital event records from persons representing the news media shall be made directly to the state registrar in writing, or reduced to writing by the division, and include specific information to identify the record under investigation as described in paragraph …

I. (a) Birth records more than 100 years old and death, marriage, and divorce records more than 50 years old shall be considered part of the public domain. (b) By April 1 of each year, the division shall release public domain records that became public during the previous calenda…

I. Requests made to a clerk of a town or city for records as specified in RSA 5-C:105, I, contained in ledger books may be denied for any of the following reasons: (a) The physical condition of the record, such as being too frail to be photocopied. (b) The location of the record,…

I. Records relative to adoptions shall be handled in accordance with RSA 5-C:33. II. Access to non-certified copies of records involving paternity judgments, affidavits of paternity, legitimation, and change of sex which require the preparation of a new birth certificate shall be…

Vital records data or copies of vital records that directly or indirectly identify individuals shall be made available for health-related research purposes upon receipt of a written application and approval of the state's vital records privacy board for health-related research pu…

Statistics derived from vital records data shall be considered to be aggregate data if published by towns with a populations of or above 5500. Population estimates shall be derived from the most recent decennial census.

I. The registrar shall, upon request and payment of the fee, supply to any applicant having a direct and tangible interest as provided in RSA 5-C:9 and RSA 5-C:102, a decorative heirloom certificate of any birth or marriage registered with him or her. II. The decorative heirloom …

The department shall make available a public use statistical file containing vital record information of all New Hampshire residents. The public use statistical file shall not contain any identifying personal information or information to constructively identify an individual.

If aggrieved by any decision for denial of access to vital records documents under this chapter, an individual may request, within 30 days of the denial, an administrative due process hearing.

Certified copies, certificates of partial facts, verifications, or search of the records may be made for any federal, state, or local governmental agency by special arrangement without regard to the provisions of RSA 5-C:10.

A certified copy issued by a town clerk of a record of a birth, marriage, or death, on file with the town clerk or division, shall be prima facie evidence of the fact, in any judicial proceeding.

I. Any person having knowledge of and a direct and tangible interest in the facts shall furnish such information as he or she may possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the registrar. II. Any person shall be guilty of a class B felony…

There is hereby established a special fund for the improvement and automation of vital records at the state and local levels. The sole purpose of the fund shall be to provide revenues for the improvement of the registration, certification, preservation, and management of the stat…

I. There is established an advisory committee to assist the secretary of state in administering the fund established under RSA 5-C:15. The advisory committee shall also determine the need for improvement and automation of the processing of vital records upon recommendations from …

The department shall file a financial report for the vital records improvement fund for the preceding quarter showing the summary of receipts and expenditures, according to the uniform classifications.

The department shall prepare and file a report on the uses of the vital records improvement fund and shall submit the report to the vital records improvement advisory committee no later than December 31 of each year. The report shall contain the following: I. The gross revenue re…

I. A hospital, institution, birthing center, attendant, or parent shall file with the division a birth record for each live birth which occurs in the state of New Hampshire. II. In the case of a hospital or institution live birth, a completed birth worksheet shall include the fol…

I. There is established within the department of state a division of vital records administration under the supervision of a director of vital records administration. The secretary of state, with the approval of the governor and council, shall appoint the director of vital record…

I. If a child is born in New Hampshire at home or some place other than a facility that regularly prepares birth records and is brought to a New Hampshire hospital or birthing center with the mother within 24 hours of birth, the hospital or birthing center shall complete the birt…

I. The hospital or institution birth registrar shall forward a completed birth record to the division and clerk of the town or city no later than 6 days from the date of birth, and provide to the parents upon discharge from the hospital or institution an exact copy of the informa…

I. Unless the legitimation is by court order, each parent shall complete a legitimation of child form with the following: (a) Information regarding the child, mother, and natural father, including: the name of the child as originally recorded; date and place of birth; maiden name…

I. An application for filing an amended birth record in the case of a legitimation shall be made by a parent on a legitimation of child form pursuant to RSA 5-C:22 and submitted to the clerk of the city or town where the birth occurred. II. Upon receipt of a legitimation of child…

I. In the case of a child born in the state of New Hampshire whose paternity has not been established by means of an affidavit of paternity, the mother or the natural father may initiate a request for an acknowledgment of paternity. II. The affidavit of paternity shall be complet…

I. Parents shall include the following information when completing an affidavit of paternity: (a) Information about the child including: the child's first, middle, and last names; the child's city or town and state of birth; the child's date of birth; the child's name as it appea…

I. Upon receipt of a certified copy of a court order regarding the paternity of a child born in New Hampshire, the clerk of the city or town where the birth occurred shall prepare a new birth record. II. Acceptable documentation for preparing a new birth record shall include a ce…

I. A parent or legal guardian who is a signatory to the affidavit of paternity shall provide information to complete a rescission of paternity form as follows: (a) Information about the child, including the child's first, middle, and last names as they appear on the birth record,…

I. A parent or legal guardian may request to rescind an affidavit of paternity from the clerk of the city or town where the birth occurred within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an …

When it is known that a child has been born to a surrogate mother and it is intended that the child be adopted after birth by the natural father's wife, the preparation of the initial birth record shall be governed by the following: I. If the surrogate mother is a married woman, …

I. The New Hampshire constitution identifies the office of the secretary of state as the keeper of the records of the state. II. The division shall: (a) Provide access to vital records and vital records data while assuring the privacy of all New Hampshire citizens. (b) Outline th…

I. When it is known that the birth of a child is the result of artificial insemination of sperm from a person who is not the mother's husband, the male parentage shall be indicated on the birth record as follows: (a) If the mother is married, the husband's name shall be listed as…

All information on an adoption shall be completed on a form prescribed by the division, in accordance with RSA 170-B:22. A parent or the court shall provide the following information in order to complete the form: I. The child's information taken from a certified copy of the adop…

I. Adoptions shall be recorded pursuant to this section and RSA 170-B:22. II. In accordance with the reporting requirements cited in RSA 170-B:22, the clerk of the county probate court shall send a completed adoption form, as referenced in RSA 5-C:31, for each child adopted in th…

I. When the clerk of the town or city of birth occurrence receives a notice of adoption, a new birth record shall be prepared as specified in RSA 5-C:31. II. The new birth record shall be substituted immediately for the original birth record by the clerk of the town or city. III.…

I. The registrar shall establish a New Hampshire certificate of foreign birth for a person born in a foreign country and for whom a final decree of adoption has been issued by a court of competent jurisdiction in New Hampshire. This certificate of foreign birth shall be establish…

I. Upon receipt of a completed application for certificate of foreign birth, the division shall prepare a certificate of foreign birth for the foreign born child pursuant to RSA 5-C:34. II. A certificate of foreign birth shall include: (a) A unique file locating number assigned b…

The department of health and human services shall record the following information for a "foundling," which shall mean an infant of unknown parentage: the name given to the child, if available; the date and place of filing; the child's sex; the approximate birth date of the child…

Whoever assumes the custody of a foundling shall report such within 6 days to the clerk of the custodian's city or town of residence. The clerk of the town or city shall assist in the completion of the birth record of a foundling, pursuant to RSA 5-C:36, and file the completed bi…

I. When a birth record of a living person in the state of New Hampshire has not been filed within 6 months of birth, or 12 months if the birth occurred in a hospital, the registrant, parent, or legal guardian shall register the birth record with the clerk of the town or city in w…

I. The clerk of the town or city shall type a list on the delayed certificate of birth describing each document submitted to support the facts shown on the application for a delayed certificate of birth. The description required shall include: the title or description of the docu…

I. The state registrar, under the supervision of the secretary of state, shall have charge of the vital records of the state and shall enforce the provisions of law in relation to them. The state registrar shall be responsible for the day-to-day operations of the division and sha…

I. The state registrar shall review each application for a delayed certificate of birth received from a clerk of a town or city to determine that: the application meets the requirements of RSA 5-C:38; no prior birth record is on file at the division for the person whose birth is …

I. There shall be 2 forms for the completion of a marriage registration. The marriage application worksheet, which shall be the form that is used to record marriage intentions, shall be completed by the prospective marriage applicants and the clerk of the town or city and shall c…

I. A marriage performed in the state of New Hampshire shall be registered when the marriage certificate is filed in accordance with this section and RSA 5-C:41, signed by the clerk of the town or city, and forwarded to the division. II. An application for a marriage license may b…

After the clerk of a town or city has forwarded the completed marriage license to the division, the registrar shall give the original to the prospective marriage applicants. A marriage license may be mailed to the marriage applicants if mailed via certified mail with return recei…