34-25-8 Birth registration--Certificate of live birth--Time for filing--Availability of records.
Birth registration--Certificate of live birth--Time for filing--Availability of records.
The birth of every child born in this state shall be registered as provided in this chapter. Within seven
days after the date of each live birth, there shall be filed with the department by electronic means if
a facility has such capabilities, or otherwise if electronic means are not available, a certificate of such
birth. The certificate shall be upon the form prescribed by the department. For certificates of birth
filed after seven days, but within one year from the date of birth, the department may, by rules
promulgated pursuant to chapter 1-26, require additional evidence in support of the facts of birth.
Informational copies of birth records shall be available to any person who can identify the birth
record by providing the name of the person on the birth record, the date of birth, the mother's maiden
name, or additional information required to locate the record. Nothing in this section prohibits the
release of information contained on a birth record which would not identify any person named in the
If one hundred years have elapsed after the date of birth, the records of the birth in the custody
of the department shall become available to the public without restriction. The department shall
promulgate rules, pursuant to chapter 1-26, to provide for the continued safekeeping of these records.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 5; SL
1989, ch 297, § 1; SL 1995, ch 196, § 1; SL 1997, ch 205, § 1; SL 2005, ch 190, § 2.