South Dakota Administrative Code

Rule 44:09:01:02 Repealed. 44:09:01:02. Appointment of local registrars.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:01:03 Repealed. 44:09:01:03. Appointment of deputy local registrars.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:01:04 Repealed. 44:09:01:04. Use of vital registration forms.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:01:05 Requirements for preparation of vital records. 44:09:01:05. Requirements for preparation of vital records. Unless otherwise directed by the secretary of health, a vital record is not complete and correct and acceptable for registration unless it is prepared on th…

Rule 44:09:02:01 Repealed. 44:09:02:01. Transmittal of out-of-wedlock birth records.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.

Rule 44:09:02:02 Repealed. 44:09:02:02. Foundling registration.Repealed. Source: SL 1975, ch 16, § 1; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:02:03 Who may request delayed birth certificate. 44:09:02:03. Who may request delayed birth certificate. Any person born in this state whose birth is not recorded or the person's parent, guardian, or legal representative may request the registration of a delayed certif…

Rule 44:09:02:04 Delayed birth certificate form. 44:09:02:04. Delayed birth certificate form. Any birth registered pursuant to SDCL 34-25-42 shall be on a delayed birth certificate form prescribed by the Department of Health. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July …

Rule 44:09:02:05 Facts to be established for delayed birth certificate. 44:09:02:05. Facts to be established for delayed birth certificate. The minimum facts for a delayed birth certificate that must be established by documentary evidence are the following: (1) The full name of t…

Rule 44:09:02:06 Requirements for documents used as evidence for delayed birth certificate. 44:09:02:06. Requirements for documents used as evidence for delayed birth certificate. Any document presented as evidence for a delayed birth certificate, such as census, hospital, church…

Rule 44:09:02:07 Requirements for filing a delayed birth certificate. 44:09:02:07. Requirements for filing a delayed birth certificate. For a delayed birth certificate to be acceptable for filing, the name of the applicant and the date and place of birth must be supported by a ho…

Rule 44:09:02:08 Repealed. 44:09:02:08. Proof of parentage.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 26 SDR 89, effective January 9, 2000.

Rule 44:09:02:09 Insufficient evidence. 44:09:02:09. Insufficient evidence. If an applicant does not submit the minimum documentation required for a delayed registration of birth or if the Department of Health finds reason to question the validity or adequacy of the certificate o…

Rule 44:09:02:10 Certifying to facts on delayed birth certificates. 44:09:02:10. Certifying to facts on delayed birth certificates. Unless the delayed certificate of birth was established by court order, each delayed certificate of birth shall be signed and sworn to before an off…

Rule 44:09:02:11 Dismissal of delayed birth application after one year. 44:09:02:11. Dismissal of delayed birth application after one year. The Department of Health may dismiss any application for a delayed birth certificate that has not been completed within one year from the da…

Rule 44:09:02:12 Late filing of birth certificate. 44:09:02:12. Late filing of birth certificate. A late certificate of birth must be filed on the standard certificate of live birth provided by the Department of Health. Such a certificate may not be marked "Delayed." For a late c…

Rule 44:09:02:13 Out-of-institution birth. 44:09:02:13. Out-of-institution birth. If a birth occurs in this state outside a hospital or institution and the birth certificate is filed within one year after birth, a standard certificate of live birth must be completed at the office…

Rule 44:09:03:01 Repealed. 44:09:03:01. Acceptance of an incomplete death certificate.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January 9, 2000; repealed, 31 SDR 213, effective July 4, 2005.

Rule 44:09:03:02 Delayed registration of death. 44:09:03:02. Delayed registration of death. A death record registered pursuant to SDCL 34-25-42 shall be on a delayed death record form prescribed by the Department of Health. The form shall be completed and filed as follows: (1) If…

Rule 44:09:03:03 Repealed. 44:09:03:03. Permit for removal of a dead body.Repealed. Source: SL 1975, ch 16, § 1; 4 SDR 14, effective September 14, 1977; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:03:04 Disinterment permits. 44:09:03:04. Disinterment permits. Upon issuance of a disinterment permit by the Department of Health, the department shall notify in writing the affected cemetery board of directors or board of county commissioners and, if the permit is in …

Rule 44:09:03:05 Repealed. 44:09:03:05. Disinterment and burial within the same cemetery.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 23 SDR 50, effective October 13, 1996.

Rule 44:09:03:06 Repealed. 44:09:03:06. Fetal death reporting.Repealed. Source: 4 SDR 14, effective September 14, 1977; repealed, 6 SDR 93, effective July 1, 1980.

Rule 44:09:05:01 Records to be marked amended. 44:09:05:01. Records to be marked amended. Any record amended under this chapter shall be marked amended unless otherwise specified by statute or in this chapter. The date of amendment shall be endorsed on the record. Source: SL 1975…

Rule 44:09:05:02 Requirements for amending vital records. 44:09:05:02. Requirements for amending vital records. Unless otherwise provided in this chapter or in statute, the Department of Health shall make all amendments to vital records. The following information is required: (1)…

Rule 44:09:05:03 Documentary evidence required for amending records. 44:09:05:03. Documentary evidence required for amending records. Amendments more than one year after the date of the event except as noted in § 44:09:05:06 shall be supported by one or more items of documentary …

Rule 44:09:05:04 Who may request an amendment. 44:09:05:04. Who may request an amendment. A birth certificate may be amended upon the request of the registrant if of legal age, one of the parents, the guardian, or the individual responsible for filing the certificate. Any item in…

Rule 44:09:05:05 Amendment of given names on birth certificates within the first year. 44:09:05:05. Amendment of given names on birth certificates within the first year. Until the registrant's first birthday, any given name may be amended by an affidavit signed by both parents or…

Rule 44:09:05:06 Addition of given names on birth certificates. 44:09:05:06. Addition of given names on birth certificates. Until the registrant's first birthday, any given name for a child whose birth was recorded without a given name may be added to the certificate by an affida…

Rule 44:09:05:07 Repealed. 44:09:05:07. Acknowledgment of paternity.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 10 SDR 144, effective July 1, 1984.

Rule 44:09:05:08 Amendment of the same item more than once. 44:09:05:08. Amendment of the same item more than once. Once an amendment by affidavit or court order has been made of an item on a vital record, that item shall not be amended again unless a court order is received from…

Rule 44:09:05:09 Method of amending certificates. 44:09:05:09. Method of amending certificates. The Department of Health may amend a vital record in the following manner: (1) Completing the item in any case where the item was left blank on the existing certificate; (2) Drawing a …

Rule 44:09:05:10 Fee for preparing new birth certificate after adoption. 44:09:05:10. Fee for preparing new birth certificate after adoption. The fee for locating an original birth record and preparing a new birth certificate following adoption is $15. Source: 7 SDR 9, effective …

Rule 44:09:05:11 Dismissal of amendment applications after one year. 44:09:05:11. Dismissal of amendment applications after one year. The Department of Health may dismiss any application for amending a vital record that has not been completed within one year from the date of appl…

Rule 44:09:05:12 Amendment of surnames on vital records after one year. 44:09:05:12. Amendment of surnames on vital records after one year. Any amendment to a surname made within the first year after the event occurred may be amended by affidavit unless that surname was placed on…

Rule 44:09:06:01 Repealed. 44:09:06:01. Disclosure of data from out-of-wedlock birth records.Repealed. Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; repealed, 21 SDR 14, effective August 4, 1994.

Rule 44:09:06:02 Fee for search, verification, or certified copy of vital records. 44:09:06:02. Fee for search, verification, or certified copy of vital records. The fees for any copy of a birth, death, fetal death, marriage, or divorce record filed by the system of vital registr…

Rule 44:09:06:02.01 Fee for expedited services. 44:09:06:02.01. Fee for expedited service. The Department of Health or authorized local registrar shall charge an additional fee of five dollars if the request for an informational or certified copy of a vital record is made by tele…

Rule 44:09:06:03 Repealed. 44:09:06:03. Local registrars to transmit a portion of death record fees to state general fund.Repealed. Source: 10 SDR 144, effective July 1, 1984; repealed, 26 SDR 89, effective January 9, 2000.

Rule 44:09:06:04 Application form requirements. 44:09:06:04. Application form requirements. To request a certified or informational copy of a vital record, the applicant shall provide the following information on an application form prescribed by the Department of Health or via a…

Rule 44:09:06:05 Requirements for serving as a designated agent. 44:09:06:05. Requirements for serving as a designated agent. A designated agent is established by a notarized statement, signed by the individual who is to be represented by the designated agent, that describes the …

Rule 44:09:06:06 Application methods and requirements. 44:09:06:06. Application methods and requirements. An applicant for a certified or informational copy of a vital record shall submit an application as provided in § 44:09:06:04 to the Department of Health or authorized local …

Rule 44:09:06:07 Security requirements for certified copies of vital records. 44:09:06:07. Security requirements for certified copies of vital records. Each certified copy of a vital record issued from the vital records system by the Department of Health or an authorized local re…

Rule 44:09:06:08 Security requirements for informational copies of vital records. 44:09:06:08. Security requirements for informational copies of vital records. An informational copy of a vital record issued from the vital records system shall be issued electronically if possible …

Rule 44:09:07:01 Who may request delayed certificate of marriage. 44:09:07:01. Who may request a delayed certificate of marriage. Any person married in South Dakota whose marriage is not recorded, or the person's legal representative, may request the registration of a delayed cer…

Rule 44:09:07:02 Delayed certificate of marriage record. 44:09:07:02. Delayed certificate of marriage record. Any person registering a marriage pursuant to SDCL 34-25-42 shall complete a delayed certificate of marriage form prescribed by the Department of Health. Source: 31 SDR 2…

Rule 44:09:07:03 Facts to be established for a delayed certificate of marriage. 44:09:07:03. Facts to be established for a delayed certificate of marriage. To be acceptable for a delayed for registration, the certificate of marriage must be supported by: (1) A copy of the license…