North Dakota Administrative Code

The minimum facts which must be established by documentary evidence shall be all of the following: 1. The full name of the person at the time of birth. 2. The date of birth and the place of the birth. 3. The full maiden name of the mother. 4. The full name of the father; except t…

When evidence is presented reflecting a legal change of status by adoption, legitimation, paternity determination, or acknowledgment of paternity, a new delayed record may be established to reflect such changes. The existing record and evidence upon which the new record was based…

To be acceptable for filing, the name of the registrant and date and place of birth entered on the delayed record of birth shall be supported by at least: 1. Two pieces of documentary evidence, only one of which may be an affidavit of personal knowledge, if the record is filed wi…

The state registrar may establish a priority of best evidence. All documents submitted in evidence, other than an affidavit of personal knowledge, must have been established at least ten years prior to the date of application and at least one of those documents must have been est…

The state registrar, or the state registrar's designated representative, shall abstract on the delayed record of birth a description of each document submitted to support the facts shown on the delayed birth record. The description shall include: 1. The title or description of th…

The state registrar, or the state registrar's designated representative, shall, by the state registrar's signature, certify: 1. That no prior birth record is on file for the person whose birth is to be recorded. 2. That the state registrar has reviewed the evidence submitted to e…

Applications for delayed records of birth which have not been completed within two years from the date of application may be dismissed at the discretion of the state registrar. History: Amended effective January 1, 2008. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemente…

The registration of a death after the time prescribed by statute and regulations shall be registered on the standard record of death form in the manner prescribed below: 1. If the attending physician or coroner at the time of death and the attending funeral director or person who…

A new record of birth may be prepared by the state registrar for a child born in this state upon receipt of an adoption report or certified copy of an adoption decree made by a court of competent jurisdiction. History: Amended effective January 1, 2008. General Authority: NDCC 23…

If the natural parents marry after the birth of a child, a new record of birth shall be prepared by the state registrar for a child born in this state upon receipt of an acknowledgment of paternity signed by the natural parents of the child or a certified copy of a court determin…

A new record of birth may be prepared by the state registrar for a child born in this state upon receipt of a certified copy of a court determination of paternity, together with a request from the natural mother or person having legal custody of the child that such new record be …

The new certificate of birth shall be on the form in use at the time of its preparation and shall include the following items of information and such other information necessary to complete the certificate: 1. The name of the child. 2. The date and place of birth as transcribed f…

After preparation of a new certificate of birth, the existing certificate and the evidence upon which the new certificate was based are to be placed in a special file. The state registrar may inspect such information for purposes of properly administering the vital records regist…

If the attending physician or coroner is unable to complete the medical certification of cause of death or if the funeral director is unable to obtain the personal information about the deceased within the prescribed period, the funeral director shall file a death record with all…

An associate physician who relieves the attending physician while the attending physician is on vacation or otherwise unavailable may certify to the cause of death in any case where the associate physician has access to the medical history of the case, provided that the associate…

When a death occurs in a hospital or other institution and the death is not under the jurisdiction of the coroner, the person in charge of such institution, or the person's designated representative, may, when the cause of death is known, initiate the preparation of the death rec…

A hospital, by written authorization of the parents, may dispose of a dead fetus of any period of gestation. A burial-transit permit must also be obtained from the state registrar for the disposition of a fetus if the fetus has reached gestation period of twenty completed weeks. …

1. Requirements for removal of body. Before removing a dead body or fetus from the place of death, the funeral director or person acting as such shall: a. Obtain assurances from the attending physician that death is from natural causes and that the physician will assume responsib…

Burial-transit permits must be retained permanently by the county recorder. History: Amended effective January 1, 2008. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemented: NDCC 23-02.1-04

A disinterment permit shall be issued by the state registrar upon receipt of a written application signed by the next of kin and licensed embalmer who is in charge of the disinterment or upon receipt of an order of a court of competent jurisdiction directing such disinterment. Up…

1. When for reasons satisfactory to the state registrar a death or fetal death record cannot be completed within the time period specified by North Dakota Century Code sections 23-02.1-19 and 23-02.1-20, the state registrar may grant an extension. 2. The subregistrar may issue a …

Amendment of obvious errors, transposition of letters in words of common knowledge, or omissions on birth records may be made by the state registrar within the first year after the date of birth either by the state registrar's own observation or query or upon request of an indivi…

1. Evidence and documents required. The birth record of a person born in this state who has undergone a sex conversion operation may be amended as follows: a. Upon written request of the person who has undergone the operation; b. An affidavit by a physician that the physician has…

1. Provisions for other amendments. Unless otherwise provided in this chapter or in the statute, all other amendments to vital records shall be supported by: a. A request setting forth: (1) Information to identify the record. (2) The incorrect data as it is listed on the record. …

1. To amend a birth record, application may be made by one of the parents, the guardian, or the registrant if at least eighteen years of age. 2. To amend a death or fetal death record, application may be made by the next of kin or the funeral director or an individual acting as s…

Until the registrant's first birthday, given names may be amended upon written request of any of the following: 1. Both parents. 2. The mother, in the case of a child born out of wedlock. 3. The father, in the case of the death or incapacity of the mother. 4. The mother, in the c…

1. After the first birthday. After the registrant's first birthday, given names, for a child whose birth was recorded without given names, may be added to the record upon written request of any of the following: a. Both parents. b. The mother, in the case of a child born out of w…

All items in the medical certification or of a medical nature may be amended only upon receipt of a signed statement from those individuals responsible for the completion of such items. The state registrar may require documentary evidence to substantiate the requested amendment. …

Once an amendment of an item is made on a vital record, that item shall not be amended again unless a court order is received from a court of competent jurisdiction. General Authority: NDCC 23-02.1-04, 28-32-02 Law Implemented: NDCC 23-02.1-04

1. Procedures utilized in amending records. Records of birth, death, and fetal death may be amended by the state registrar in the following manner: a. Preparing a new record showing the correct information when the state registrar deems that the nature of the amendment so require…

1. "Guardian" means a person who has been appointed as legal guardian through some judicial process. 2. "Relative" means a person's current or surviving spouse, a parent or legal guardian, a child, a grandparent, or a grandchild. The state registrar may require proof of the relat…

1. In order to protect vital records from loss, mutilation, or destruction and to prevent improper disclosure of confidential information, a person may not be allowed direct physical access to the original vital records in the custody and care of the state registrars. Every perso…

Whenever it is deemed necessary to establish an applicant's right to confidential information from vital records, the state registrar may require written application, identification of the applicant, or a sworn notarized statement. The state registrar may furnish information, at …

1. Full or short form certified copies of vital records may be made by mechanical, electronic, or other reproductive processes, except that information contained in the "confidential information for medical and health use only" section of vital records on birth and fetal death re…

No certified copies shall be issued or a search for a record can be started until the fee for such copy (and filing fee for delayed records of birth) or search has been received unless specific approval has been obtained from the state registrar or otherwise provided by statute o…

1. For the issuance of the first full certified copy, short form, or certification of a birth record, the initial fee per request is fifteen dollars. The filing fee for a delayed record of birth is fifteen dollars. The fee for amendments to vital records is fifteen dollars per re…

Each subregistrar shall keep a record containing as a minimum, the following information about each dead body or fetus the subregistrar handles: 1. The date, place, and time of receipt. 2. The date, place, and manner of disposition. 3. If the dead body or fetus is delivered to an…

1. A burial-transit permit, issued by the proper death registration authority, shall be required for each body transported by common carrier, and in all cases when transported by automobile, airplane, or any other conveyance, in lieu of a common carrier, and in every case when re…

No person, except a licensed funeral practitioner, after having obtained a permit from the state registrar of vital statistics, shall disinter the body of a deceased person, providing the authorities in charge of a cemetery may transfer bodies buried therein from one part of such…

The opening of hermetically sealed caskets containing disinterred remains of persons dead from any cause and shipped for burial in North Dakota is hereby forbidden except when so ordered by a court of competent jurisdiction. General Authority: NDCC 23-01-03 Law Implemented: NDCC …

1. No dead human body shall be interred in a public burial ground unless the distance from the top of the box containing the casket shall be at least three and one-half feet [106.68 centimeters] from the natural surface of the ground. 2. If the casket is placed in an approved met…

1. All cemeteries must be registered with the state department of health on forms provided by the department. 2. All cemeteries must be surveyed by a registered land surveyor prior to filing a plat of the cemetery with the recorder in the county in which the cemetery is located, …

The cremation of a dead human body shall be considered the final disposition of that body. General Authority: NDCC 23-01-03 Law Implemented: NDCC 23-01-03 3

For purposes of this chapter, the term "post-mortem communicable disease" shall include the following: 1. Viral hepatitis (any etiology). 2. Tuberculosis. 3. Acquired immune deficiency syndrome (AIDS). 4. Plague. 5. Creutzfeldt-Jakob. 6. Rabies. 7. Meningococcal meningitis. Histo…

When any person dies who has been diagnosed or suspected as having a post-mortem communicable disease, a written notice stating "BLOOD AND BODY FLUIDS PRECAUTIONS SHOULD BE OBSERVED" must be securely attached to the body in a prominent location thereon so it can be easily seen wh…

Any notifications required to be made pursuant to section 33-05-02-02 are privileged and confidential and may be disclosed only if one of the following applies: 1. Disclosure is required by any state or federal law. 2. Disclosure is made by a physician pursuant to a state or fede…

Any person practicing an occupation, trade, or profession for which the license, permit, certificate, or registration is required from any state agency, board, commission, or department who willfully violates any provision of this chapter must be reported to such agency, board, c…