Utah Code 26B-8-125. Inspection of vital records
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(1) As used in this section:
Terms Used In Utah Code 26B-8-125
- Adoption document: means an adoption-related document filed with the office, a petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted in support of a supplementary birth certificate. See Utah Code 26B-8-101
- Funeral service director: means the same as that term is defined in Section 58-9-102. See Utah Code 26B-8-101
- Office: means the Office of Vital Records and Statistics within the department. See Utah Code 26B-8-101
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Physician: means a person licensed to practice as a physician or osteopath in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 26B-8-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public health authority: means an agency or authority of the United States, a state, a territory, a political subdivision of a state or territory, an Indian tribe, or a person acting under a grant of authority from or a contract with such an agency, that is responsible for public health matters as part of the agency or authority's official mandate. See Utah Code 26B-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State registrar: means the state registrar of vital records appointed under Section 26B-8-102. See Utah Code 26B-8-101
- Vital records: means :
(26)(a) registered certificates or reports of birth, death, fetal death, marriage, divorce, dissolution of marriage, or annulment;(26)(b) amendments to any of the registered certificates or reports described in Subsection (26)(a);(26)(c) an adoption document; and(26)(d) other similar documents. See Utah Code 26B-8-101(1)(a) “Designated legal representative” means an attorney, physician, funeral service director, genealogist, or other agent of the subject, or an immediate family member of the subject, who has been delegated the authority to access vital records.(1)(b) “Drug use intervention or suicide prevention effort” means a program that studies or promotes the prevention of drug overdose deaths or suicides in the state.(1)(c) “Immediate family member” means a spouse, child, parent, sibling, grandparent, or grandchild.(2)(2)(a) The vital records shall be open to inspection, but only in compliance with the provisions of this part, department rules, and Sections 78B-6-141 and 78B-6-144.(2)(b) It is unlawful for any state or local officer or employee to disclose data contained in vital records contrary to this part, department rule, Section 78B-6-141, or Section 78B-6-144.(2)(c)(2)(c)(i) An adoption document is open to inspection as provided in Section 78B-6-141 or Section 78B-6-144.(2)(c)(ii) A birth parent may not access an adoption document under Subsection 78B-6-141(3).(2)(d) A custodian of vital records may permit inspection of a vital record or issue a certified copy of a record or a part of a record when the custodian is satisfied that the applicant has demonstrated a direct, tangible, and legitimate interest.(3) Except as provided in Subsection (4), a direct, tangible, and legitimate interest in a vital record is present only if:(3)(a) the request is from:(3)(a)(i) the subject;(3)(a)(ii) an immediate family member of the subject;(3)(a)(iii) the guardian of the subject;(3)(a)(iv) a designated legal representative of the subject; or(3)(a)(v) a person, including a child-placing agency as defined in Section 78B-6-103, with whom a child has been placed pending finalization of an adoption of the child;(3)(b) the request involves a personal or property right of the subject of the record;(3)(c) the request is for official purposes of a public health authority or a state, local, or federal governmental agency;(3)(d) the request is for a drug use intervention or suicide prevention effort or a statistical or medical research program and prior consent has been obtained from the state registrar; or(3)(e) the request is a certified copy of an order of a court of record specifying the record to be examined or copied.(4)(4)(a) Except as provided in Title 78B, Chapter 6, Part 1, Utah Adoption Act, a parent, or an immediate family member of a parent, who does not have legal or physical custody of or visitation or parent-time rights for a child because of the termination of parental rights under Title 80, Chapter 4, Termination and Restoration of Parental Rights, or by virtue of consenting to or relinquishing a child for adoption pursuant to Title 78B, Chapter 6, Part 1, Utah Adoption Act, may not be considered as having a direct, tangible, and legitimate interest under this section.(4)(b) Except as provided in Subsection (2)(d), a commercial firm or agency requesting names, addresses, or similar information may not be considered as having a direct, tangible, and legitimate interest under this section.(5) Upon payment of a fee established in accordance with Section 63J-1-504, the office shall make the following records available to the public:(5)(a) except as provided in Subsection 26B-8-110(4)(b), a birth record, excluding confidential information collected for medical and health use, if 100 years or more have passed since the date of birth;(5)(b) a death record if 50 years or more have passed since the date of death; and(5)(c) a vital record not subject to Subsection (5)(a) or (b) if 75 years or more have passed since the date of the event upon which the record is based.(6) Upon payment of a fee established in accordance with Section 63J-1-504, the office shall make an adoption document available as provided in Sections 78B-6-141 and 78B-6-144.(7) The office shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing procedures and the content of forms as follows:(7)(a) for the inspection of adoption documents under Subsection 78B-6-141(4);(7)(b) for a birth parent’s election to permit identifying information about the birth parent to be made available, under Section 78B-6-141;(7)(c) for the release of information by the mutual-consent, voluntary adoption registry, under Section 78B-6-144;(7)(d) for collecting fees and donations under Section 78B-6-144.5; and(7)(e) for the review and approval of a request described in Subsection (3)(d).