New Jersey Statutes 26:6-7. Contents of death certificate
Terms Used In New Jersey Statutes 26:6-7
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- NJ-EDRS: is a n electronic registration system for completing a certification of death or fetal death record that is authorized, designed and maintained by the State registrar. See New Jersey Statutes 26:6-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
(1) name of the decedent;
(2) county or municipality in which the death occurred;
(3) date of death;
(4) sex of the decedent, as provided for in subsection b. of this section;
(5) date of birth; and
(6) date of issuance and manner of death, provided this information is available.
b. The sex of the decedent shall be recorded to reflect the decedent’s gender identity, as reported by the person or persons with the right to control the funeral and disposition as established by section 22 of P.L.2003, c.261 (C. 45:27-22), unless the person completing the death certificate is presented with a document that memorializes the decedent’s gender transition. In the event that these sources provide conflicting information concerning the sex of the decedent, the death certificate shall be based on documentation that memorializes the decedent’s gender transition. If documentation is not available, it shall be based on information provided by the person or persons with the right to control the funeral and disposition as established by section 22 of P.L.2003, c.261 (C. 45:27-22). Documents that may memorialize a gender transition may include, but shall not be limited to: written instructions from the decedent; a court order approving a name or gender change; an advance health care directive; proof of clinical treatment for gender transition; or documentation of a change to the gender marker on a birth certificate or a state or federally issued identification card.
c. If a document specified in subsection b. of this section is not present and the person named executor of the decedent’s will does not agree with the gender identity of the decedent as reported by the person or persons with the rights to control the funeral and disposition, that person may file a petition in the Superior Court naming as a party to the action the person or persons with the rights to control the funeral and disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
d. A person or persons with the right to control the funeral and disposition and the responsibility to provide the funeral director with the decedent’s gender identity warrants the truth of the facts stated and of their authority to provide the funeral director with the necessary information to complete the death certificate. A funeral director shall not be liable for any damages or costs arising from a claim related to a decedent’s gender identity or expression on the death certificate unless the funeral director had reasonable notice that the representations were untrue or notice that the person or persons providing the decedent’s gender identity lacked the right to control disposition.
amended 1945, c.253; 1951, c.84, s.1; 1965, c.78, s.5; 1983, c.308, s.1; 2003, c.221,s.4; 2018, c.59.