2011 House Bill 1151 - Introduced

State of South Dakota  
EIGHTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY, 2011  

942S0536   HOUSE BILL   NO.  1151  

Introduced by:    Representatives Bolin, Blake, Feinstein, Haggar, Kirkeby, Kirschman, Liss, Munsterman, Sly, and Tornow and Senators Buhl, Adelstein, Frerichs, Fryslie, Hundstad, Kraus, Krebs, Lederman, Sutton, and Tieszen
 

        FOR AN ACT ENTITLED, An Act to provide procedures by which adopted persons may obtain their original birth certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 34-25-16.4 be amended to read as follows:
    34-25-16.4. When a new certificate of birth is established pursuant to §§ 34-25-15 to 34-25-16.2, inclusive, the original certificate of birth together with the adoption information or other evidence upon which a new certificate is made shall be sealed, filed, and may be opened only upon order of a court of competent jurisdiction, or by the secretary of health for purposes of properly administering the vital registration system or for purposes of complying with section 2 of this Act.
    Section 2. That chapter 34-25 be amended by adding thereto a NEW SECTION to read as follows:
    Any adopted person who is at least eighteen years of age and who was born in this state, such adopted person's attorney, or if such adopted person is deceased, any descendant of such

adopted person may obtain a copy of that person's original certificate of birth from the Department of Health by filing a written application with, and providing appropriate proof of identification to, the department. Upon receipt of the written application and proof of identification, the department shall issue to the applicant a noncertified copy of the unaltered original certificate of birth. The department may charge the same fee as provided pursuant to § 34-25-52. The Department of Health may promulgate rules, pursuant to chapter 1-26, for the administration of this section.

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