CHAPTER 34-25
VITAL RECORDS AND BURIAL PERMITS
34-25-1 Department of Health to have charge of registration.
34-25-1.1 Definition of terms.
34-25-2 34-25-2, 34-25-3. Repealed by SL 1972, ch 194, § 45.
34-25-4 Vital registration districts--Establishment, consolidation or subdivision.
34-25-4.1 Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.
34-25-5 34-25-5 to 34-25-7. Repealed by SL 1972, ch 194, § 45.
34-25-8 Birth registration--Certificate of live birth--Time for filing--Availability of records.
34-25-8.1 Birth in moving conveyance.
34-25-8.2 34-25-8.2. Repealed by SL 1989, ch 297, § 2.
34-25-9 Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.
34-25-9.1 Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.
34-25-9.2 Birth certificate signed by parents or informant.
34-25-10 34-25-10 to 34-25-13. Repealed by SL 1972, ch 194, § 45.
34-25-13.1 Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
34-25-13.2 Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.
34-25-13.3 Unmarried mother's surname shown on birth certificate unless paternity acknowledged.
34-25-13.4 Father not named on birth certificate--No other information entered.
34-25-14 Child of unknown parents--Physician to name child and file birth certificate.
34-25-15 Legitimation of child--New birth certificate--Fee.
34-25-16 Adoption information forwarded by clerk of courts.
34-25-16.1 New birth certificate upon adoption of child born in state or foreign nation--Exception.
34-25-16.2 Birth certificate after adoption when birth unrecorded.
34-25-16.3 Adoption information on child born out-of-state forwarded to state of birth.
34-25-16.4 Sealing of original birth certificate and adoption information--Opening of sealed materials.
34-25-16.5 Original birth certificate sealed or forwarded to department after new certificate issued.
34-25-16.6 Copies of birth certificates.
34-25-16.7 Determining mother for birth certificate.
34-25-16.8 New birth certificate for certain crime victims--Sealing.
34-25-17 34-25-17. Repealed by SL 1972, ch 194, § 45.
34-25-18 Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution.
34-25-18.1 Determination of death.
34-25-19 34-25-19, 34-25-20. Repealed by SL 1972, ch 194, § 45.
34-25-21 Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor.
34-25-22 Reference to state's attorney, sheriff, or police of death from other than natural causes.
34-25-22.1 Blood samples taken in violent or accidental death cases--Transmission to laboratory.
34-25-23 34-25-23. Repealed by SL 1972, ch 194, § 45.
34-25-24 Permit required for disposition of dead body or fetus.
34-25-24.1 Notice to funeral director--Communicable disease or condition.
34-25-25 Fact of death record filed by funeral director--Sources of data--Place and time of filing.
34-25-25.1 Place of filing death certificate when place of death unknown or in moving conveyance required.
34-25-26 34-25-26 to 34-25-32. Repealed by SL 1972, ch 194, § 45.
34-25-32.1 Report required of certain fetal deaths other than abortions.
34-25-32.2 Fetal death report filed by physician--Coroner to report unattended deaths.
34-25-32.3 Disposition of remains of embryo or fetus.
34-25-32.4 Medical facility to provide for disposal of aborted fetuses.
34-25-32.5 Failure to comply as public nuisance.
34-25-32.6 Disposition of fetal remains--Method.
34-25-32.7 Fetal organ, tissue donation--Circumstances--Consent required.
34-25-32.8 Definitions related to stillbirth.
34-25-32.9 Notice to parent of means for requesting a certificate of birth resulting in stillbirth.
34-25-32.10 Name of stillborn child on certificate of birth resulting in stillbirth.
34-25-32.11 Fetal death report to be referenced on certificate of birth resulting in stillbirth.
34-25-32.12 Form and content of certificate of birth resulting in stillbirth.
34-25-32.13 Certificate of birth resulting in stillbirth not used to calculate live birth statistics.
34-25-32.14 Fee for certificate of birth resulting in stillbirth.
34-25-32.15 Certificate may be requested without regard to filing date of fetal death report.
34-25-32.16 Certificate may be requested without regard to date of fetal death.
34-25-33 Burial or removal permit filed by funeral director after final disposition.
34-25-34 Burial-transit permit issued out-of-state as authority for final disposition.
34-25-35 34-25-35. Repealed by SL 1972, ch 194, § 45.
34-25-36 Records and monthly report of funeral director.
34-25-37 34-25-37. Repealed by SL 1972, ch 194, § 45.
34-25-38 Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules.
34-25-38.1 Issuance of disinterment permit.
34-25-39 Completion of burial permit when no person in charge of cemetery.
34-25-40 34-25-40, 34-25-41. Repealed by SL 1972, ch 194, § 45.
34-25-42 Delayed registration of birth, death, or marriage--Fee.
34-25-43 Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required.
34-25-44 Blank forms supplied by local registrar--Examination of permit for disposition on presentation.
34-25-45 Legibility of records and certificates--Incomplete or illegible certificates not filed.
34-25-46 Signing, dating, and numbering of permits for disposition by local registrar.
34-25-47 34-25-47 to 34-25-50. Repealed by SL 1972, ch 194, § 45.
34-25-51 Amendment of vital record--Fee for delayed amendment.
34-25-52 Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees.
34-25-52.1 Copies or data supplied to public or private agencies.
34-25-52.2 Additional fee for copy of birth record--Disposition.
34-25-52.3 Free birth certificate with head start enrollment form.
34-25-52.4 Uniform forms and procedures for issuance of copies of records--Rules.
34-25-52.5 Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility.
34-25-52.6 Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.
34-25-52.7 Free birth certificate upon proof of homelessness.
34-25-53 34-25-53. Repealed by SL 1972, ch 194, § 45.
34-25-54 Certified copies supplied free for military or veterans' claims--Minors participating in sports programs.
34-25-55 34-25-55, 34-25-56. Repealed by SL 1972, ch 194, § 45.
34-25-57 Violation of requirements as misdemeanor.
34-25-57.1 34-25-57.1. Repealed by SL 1977, ch 190, § 67.
34-25-57.2 Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.
34-25-58 Enforcement and supervisory powers of department--Investigations by secretary.
34-25-59 34-25-59, 34-25-60. Repealed by SL 1972, ch 194, § 45.
34-25-61 Severability of provisions.
34-25-62 Electronic list of persons married in South Dakota.
34-25-1. Department of Health to have charge of registration.
The State Department of Health shall have charge of the registration of births, deaths, fetal deaths, burials, marriages, and divorces.
Source: SL 1931, ch 267, § 1; SDC 1939, § 27.0201; SL 1941, ch 124, § 1; SL 1945, ch 103, § 1; SL 1972, ch 194, § 1; SL 1978, ch 255, § 1; SL 1980, ch 238, § 24.
34-25-1.1. Definition of terms.
Terms as used in this chapter mean:
(1) "Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family;
(1A) "Autopsy," the post mortem dissection and examination of a dead body, including fetal tissue older than twenty-four weeks;
(2) "Certified copy," a vital record or part thereof issued and sealed by the state registrar and other entities as authorized by the department;
(3) "Dead body," a lifeless human body or parts thereof from the state of which it may reasonably be concluded that death recently occurred;
(4) "Death certificate," a record by means of which both the fact of death record and the medical certificate have been completed and filed as required by the department;
(5) "Demographic information," the information required by the state registrar to describe characteristics of a registrant, the family of a registrant, and geographic locations pertinent to a registrant;
(6) "Department," the Department of Health;
(7) "Fact of death information," the information required by the state registrar to record the time and place a death occurs and to identify the person who is deceased. The term does not include information regarding cause and manner of death;
(8) "Fact of death record," the portion of the death certificate that contains the fact of death information and demographic information;
(9) "Fetal death," death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;
(10) "Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;
(11) "Final disposition," the burial, interment, cremation, or other disposition of a dead body or fetus;
(12) "Institution," any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law;
(13) "Live birth," the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;
(14) "Medical certificate," the portion of the death certificate that contains the information regarding the cause and manner of death.
(15) "System of vital registration," the process by which vital records are collected, completed, amended, certified, filed, preserved, and incorporated into the official records of the office of vital records, and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records;
(16) "Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data related thereto as entered on forms prescribed by the department.
Source: SL 1972, ch 194, § 2; SL 1993, ch 253, § 1; SL 2000, ch 171, § 2; SL 2003, ch 186, § 1; SL 2004, ch 235, § 1; SL 2005, ch 190, § 1.
34-25-4. Vital registration districts--Establishment, consolidation or subdivision.
The department shall establish vital registration districts throughout the state. The department may consolidate or subdivide such districts to facilitate registration.
Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SL 1972, ch 194, § 3.
34-25-4.1. Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.
The register of deeds shall be the local registrar of vital records for each registration district in this state. If there is no register of deeds, the department shall designate the local registrar who shall assume the responsibilities of local registrar of vital records. No fee shall be charged by a local registrar for filing an original or amended birth record or a death or burial record or for certified copies to persons entitled thereto under § 34-25-54.
Each local registrar shall appoint a deputy whose duty it shall be to act in his stead in case of the absence or disability of such local registrar.
Source: SL 1931, ch 267, § 3; SDC 1939, § 27.0203; SDCL, § 34-25-4; SL 1972, ch 194, § 4; SL 1974, ch 55, § 33.
34-25-8. 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 record.
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.
34-25-8.1. Birth in moving conveyance.
If a birth occurs in a moving conveyance, a birth certificate shall designate the county in which the child was first removed from the conveyance.
Source: SL 1972, ch 194, § 6; SL 1995, ch 196, § 2.
34-25-9. Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.
If a birth occurs in an institution, the physician in attendance at the birth or the physician's designee shall, within five days after the birth, obtain the personal data and the medical information required by the certificate and provide it to the person designated by the institution to file the certificate.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 8; SL 1995, ch 196, § 3.
34-25-9.1. Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.
If a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician in attendance at or immediately after the birth, or in the absence of such a person;
(2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;
(3) The father or mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
The department shall promulgate rules, pursuant to chapter 1-26, to establish the evidence necessary to establish the facts of birth.
Any person required to prepare and file a birth certificate pursuant to this section who fails to do so within one year of the birth is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 27.0207; SL 1945, ch 104; SL 1947, ch 121, § 1; SDCL § 34-25-9; SL 1972, ch 194, § 9; SL 1997, ch 205, § 2; SL 2019, ch 153, § 1.
34-25-9.2. Birth certificate signed by parents or informant.
Either of the parents of the child shall sign a document attesting to the accuracy of the personal data entered on it. If the parents are unable to sign, the document shall be signed by the informant.
Source: SL 1972, ch 194, § 10; SL 1995, ch 196, § 4.
34-25-13.1. Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.
If the mother was married at the time of conception or birth, or at any time between conception and birth, the name of the husband shall be entered on the certificate as the father of the child unless:
(1) Paternity has otherwise been determined by a court of competent jurisdiction, in which case the name of the father as determined by the court shall be entered;
(2) The mother and the mother's husband execute joint or separate affidavits attesting that the husband is not the father of the child, in which case information about the father shall be omitted from the certificate; or
(3) The mother executes an affidavit attesting that her husband is not the biological father and providing the name of the alleged biological father, the husband executes an affidavit attesting that he is not the biological father, and the alleged biological father executes an affidavit attesting that he is the biological father, then the attesting biological father shall be shown as the father on the certificate.
Affidavits may be joint or individual, and each signature shall be individually notarized.
Source: SL 1972, ch 194, § 11; SL 1993, ch 253, § 2; SL 1997, ch 205, § 3.
34-25-13.2. Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.
If the mother was not married at the time of conception or birth, or at any time between conception and birth, the name of the father may not be entered on the certificate of birth without the written consent of the mother and the person to be named as the father unless a judicial determination has been made, in which case the name of the father as determined by the court shall be entered.
Source: SL 1972, ch 194, § 12; SL 1993, ch 253, § 3.
34-25-13.3. Unmarried mother's surname shown on birth certificate unless paternity acknowledged.
If the mother was not married at the time of conception or birth, or at any time between conception and birth, the mother's surname shall be shown on the birth certificate as the legal surname of the child at the time of birth unless an affidavit of acknowledgment of paternity signed by both parents is received.
Source: SL 1972, ch 194, § 13; SL 1993, ch 253, § 4.
34-25-13.4. Father not named on birth certificate--No other information entered.
If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
Source: SL 1972, ch 194, § 14.
34-25-14. Child of unknown parents--Physician to name child and file birth certificate.
In the case of a neglected or abandoned child, whose parents are unknown, such child shall be examined immediately by a licensed physician who shall assign a given name to the child, and, within seven days, file directly with the State Department of Health a certificate, in form and manner prescribed by the department.
Source: SDC 1939, § 27.0207 as added by SL 1945, ch 104; SL 1947, ch 121, § 1; SL 1972, ch 194, § 15.
34-25-15. Legitimation of child--New birth certificate--Fee.
In cases of legitimation, the department, upon receipt of proof of the marriage of the parents after the birth of the child together with an affidavit of paternity signed by both parents of the child, shall prepare a new certificate of birth in the new name of the legitimated child.
Within ten days after the filing of an affidavit of acknowledgment of paternity, signed by both putative parents who are not married, the department shall add the name of the father to the certificate of birth if paternity is not shown on the record. Upon request of the parents, the surname of the child may be changed to that of the father or a combination of mother's and father's surnames, in which case the department shall prepare a new birth certificate. A change in paternity, which is already shown on a birth certificate, may be made only upon receipt of a court order determining paternity.
Upon receipt of a court order or affidavits determining the paternity of a child pursuant to § 34-25-13.1, the department shall prepare a new certificate of birth. Each applicant for a new birth record shall submit a five dollar fee to the department for the preparation and filing of the record.
Source: SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1972, ch 194, § 16; SL 1981, ch 262; SL 1982, ch 265, § 1; SL 1991, ch 279, § 1; SL 1997, ch 205, § 4; SL 1999, ch 175, § 1.
34-25-16. Adoption information forwarded by clerk of courts.
Within ten days after the filing of every original, amended, or annulled decree of adoption, the clerk of courts shall forward to the department such information necessary to establish a new certificate of birth on a form prepared by the department.
Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SL 1972, ch 194, § 17.
34-25-16.1. New birth certificate upon adoption of child born in state or foreign nation--Exception.
If the birth occurred in South Dakota, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. However, a new certificate of birth may not be prepared if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person.
If the birth occurred in a foreign nation and the adoption decree is entered in a court of this state, the Department of Health shall issue a new certificate of birth in the new name of the child and with the name of the adopting person. The birth certificate shall be prepared in accord with the facts as found and entered by the court. If the birth occurred in a foreign nation and the adoption was finalized in a foreign nation, any circuit court of this state may issue an order, ex parte and without hearing, directing that a new certificate of birth be issued upon filing the following documentation:
(1) A certified copy of the adoption order from the foreign nation;
(2) A certified translation of the adoption order if necessary;
(3) Proof of the date and place of the child's birth;
(4) Proof of IR-3 immigration status; and
(5) Proof that each adopting person is a resident of this state.
The Department of Health shall issue a new certificate of birth in the new name of the child and the name of each adopting person upon receipt from the clerk of courts such information necessary to establish a new certificate of birth on a form prepared by the department.
The issuance of certificates pursuant to this section is conditioned upon the receipt of a fee based upon administrative cost as established by the department pursuant to chapter 1-26.
Source: SL 1939, ch 168, § 12; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL § 34-25-16; SL 1972, ch 194, § 18; SL 1976, ch 221; SL 1978, ch 255, § 2; SL 1980, ch 238, § 25; SL 2007, ch 157, § 2; SL 2010, ch 176, § 1.
34-25-16.2. Birth certificate after adoption when birth unrecorded.
A new certificate of birth following adoption may be prepared for a person born in this state whose birth was not previously recorded, if the date and place of birth have been established in the adoption proceedings.
Source: SL 1972, ch 194, § 19.
34-25-16.3. Adoption information on child born out-of-state forwarded to state of birth.
When adoption information is received for a child born in another state, such information shall be forwarded to the appropriate registration authority in the state of birth.
Source: SL 1972, ch 194, § 20.
34-25-16.4. Sealing of original birth certificate and adoption information--Opening of sealed materials.
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 must be sealed, filed, and may not be opened except by the secretary of health for purposes of properly administering the vital registration system, by the child or adoptee upon reaching age eighteen, or upon order of a court of competent jurisdiction.
Source: SL 1939, ch 168, § 12; SDC 1939, § 27.0218 as added by SL 1947, ch 121, § 2; SL 1947, ch 121, § 3; SDC Supp 1960, § 55.3717; SDCL, §§ 34-25-15, 34-25-16; SL 1972, ch 194, § 21; SL 2023, ch 83, § 2.
34-25-16.5. Original birth certificate sealed or forwarded to department after new certificate issued.
When a new certificate of birth is established by the State Department of Health, all copies of the original certificate of birth in the custody of any local registrar in this state shall be sealed from inspection or forwarded to the State Department of Health, as directed.
Source: SL 1972, ch 194, § 22.
34-25-16.6. Copies of birth certificates.
County registers of deeds may issue, by computer generation, certified copies of birth certificates.
Source: SL 1993, ch 253, § 5.
34-25-16.7. Determining mother for birth certificate.
For the purposes of birth registration, the mother is deemed to be the woman who gives birth to the child, unless otherwise determined by a court of law prior to the filing of the birth certificate.
Source: SL 1993, ch 253, § 10.
34-25-16.8. New birth certificate for certain crime victims--Sealing.
If a person obtains a court order for a name change under § 21-37-5.2 and requests a new certificate of birth, the person shall present a certified copy of the court order and the department shall issue a new certificate of birth. The original certificate, and any other evidence upon which a new certificate is made, must be sealed in accordance with the court order. The new certificate must not contain any evidence of a name change. The sealed records may only be opened by a court order based upon showing good cause or at the person's request.
Source: SL 2022, ch 59, § 2.
34-25-18. Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution.
The licensed physician, physician assistant, or certified nurse practitioner, if any, last in attendance on any person whose death occurs in this state, shall complete, sign, and file a medical certificate with the department within five days of the date of death except in cases where the secretary of health has provided for longer periods by rules adopted pursuant to chapter 1-26.
Source: SDC 1939, § 27.0208; SL 1972, ch 194, § 23; SL 1991, ch 198, § 3; SL 2003, ch 186, § 2; SL 2017, ch 171, § 50.
34-25-18.1. Determination of death.
Any individual who has sustained either irreversible cessation of circulatory and respiratory functions or irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
Source: SL 1990, ch 273.
34-25-21. Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor.
If a death occurs without the attendance of a licensed physician, physician assistant, or certified nurse practitioner, the person in charge of the body shall notify the county coroner and sheriff of the death. Upon notification, the county coroner shall complete the medical certificate from the statement of relatives or other persons having adequate knowledge of the facts. The coroner, or deputy coroner in the absence of the coroner, shall complete, sign, and file the medical certificate with the department within five days of the date of death, unless an autopsy or investigation is pending, in which case the pending autopsy or investigation shall be noted on the medical certificate. In the absence of a coroner or deputy coroner, or if the coroner is unable to act, and only in such case, the local registrar shall prepare the medical certificate from the statement of relatives or other person having knowledge of the facts.
Unless good cause is shown, a person in charge of a body who fails to notify the county coroner and sheriff of the death no later than twenty-four hours following the death is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 27.0209; SL 1968, ch 113; SL 1974, ch 55, § 34; SL 1985, ch 280; SL 1993, ch 253, § 6; SL 2003, ch 186, § 3; SL 2017, ch 171, § 50; SL 2019, ch 153, § 2.
34-25-22. Reference to state's attorney, sheriff, or police of death from other than natural causes.
If the county coroner has reason to believe that the death may have been due to other than natural causes, he shall then refer the case to the state's attorney, sheriff, or police for further investigation.
Source: SL 1931, ch 267, § 7; SDC 1939, § 27.0209; SL 1968, ch 113.
34-25-22.1. Blood samples taken in violent or accidental death cases--Transmission to laboratory.
The county coroner of each county shall take or cause to be taken blood samples of any person who has died from apparent violence, fire, suicide, or motor vehicle, agricultural, or industrial accident. The samples shall be taken as soon as practicable after the death has been discovered and forthwith transmitted to a laboratory certified to examine the sample for toxicology levels.
Source: SL 1973, ch 228; SL 1983, ch 256; SL 2004, ch 236, § 1.
34-25-24. Permit required for disposition of dead body or fetus.
No body of any person whose death occurs in this state or which is found in this state or of a fetus after a gestational age of not less than twenty completed weeks may be interred, deposited in a vault or tomb, cremated, or otherwise disposed of, or removed from the state unless, prior to the disposition, a permit for disposition is obtained electronically from the department or on paper from the registrar of the registration district in which the death, or fetal death occurred or the body was found.
Source: SDC 1939, § 27.0211; SL 1972, ch 194, § 24; SL 1993, ch 253, § 7; SL 2003, ch 186, § 4; SL 2007, ch 195, § 10.
34-25-24.1. Notice to funeral director--Communicable disease or condition.
For deaths occurring in a health care facility licensed under chapter 34-12, the health care facility shall notify the funeral director, or person acting as such who first assumes custody of the dead body, if the body at the time of death had a communicable disease or condition that is the subject of a declared public health emergency pursuant to § 34-22-42 or the subject of a declaration of the Governor pursuant to chapter 34-48A.
Source: SL 2021, ch 153, § 1.
34-25-25. Fact of death record filed by funeral director--Sources of data--Place and time of filing.
The funeral director, or person acting as such, who first assumes custody of a dead body shall file a fact of death record. The funeral director shall obtain the personal data from the next of kin or the best qualified person or source available.
A fact of death record for each death which occurs in this state shall be filed with the department within five days after such death.
Source: SDC 1939, § 27.0210; SL 1941, ch 124, § 2; SL 1972, ch 194, § 25; SL 1978, ch 254; SL 2003, ch 186, § 5.
34-25-25.1. Place of filing death certificate when place of death unknown or in moving conveyance required.
If the place of death is unknown, a death certificate shall indicate the place of death as the location in which a dead body is found. If death occurs in a moving conveyance, a death certificate shall indicate the place of death as the location where the body was first removed from the conveyance.
Source: SL 1972, ch 194, § 26; SL 2003, ch 186, § 6.
34-25-32.1. Report required of certain fetal deaths other than abortions.
A fetal death report for the death of each fetus which has attained a gestational age of not less than twenty completed weeks and which is not an abortion and reportable as such under chapter 34-23A which occurs in this state shall be filed with the Department of Health, in accordance with rules of the secretary of health promulgated pursuant to chapter 1-26. However, the gestational age specified by this section may not be considered a factor in determining when life begins.
Source: SL 1972, ch 194, § 27; SL 1977, ch 285, § 1; SL 1993, ch 253, § 8; SL 2007, ch 195, § 11.
34-25-32.2. Fetal death report filed by physician--Coroner to report unattended deaths.
The physician or other person in attendance at or after the delivery shall file the report of fetal death to the Department of Health within seven days of delivery.
If a fetal death occurs without medical attendance upon the mother at or after delivery, the coroner shall complete the report within twenty-four hours after taking charge of the case.
Source: SL 1972, ch 194, § 28; SL 1977, ch 285, § 2; SL 1993, ch 253, § 9.
34-25-32.3. Disposition of remains of embryo or fetus.
Remains of a human embryo or fetus resulting from an abortion or miscarriage, induced or occurring accidentally or spontaneously at a hospital, clinic, or medical facility shall be disposed of in the manner provided by §§ 34-25-32.3 to 34-25-32.7, inclusive.
Source: SL 1998, ch 208, § 1.
34-25-32.4. Medical facility to provide for disposal of aborted fetuses.
Any hospital, clinic, or medical facility in which abortions are induced or occur spontaneously or accidentally or any laboratory to which the remains of human embryos or fetuses are delivered shall arrange for the disposal of the remains by cremation, interment by burial, or by incineration in a medical waste incinerator approved by the Department of Agriculture and Natural Resources. If incineration is used, the remains of the human embryo or fetus shall be incinerated separately from other medical waste. The hospital, clinic, medical facility, or laboratory may perform any laboratory tests necessary for the health of the woman or her future offspring, or for the purposes of a criminal investigation, or for determination of parentage prior to disposing of the remains.
Source: SL 1998, ch 208, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.
34-25-32.5. Failure to comply as public nuisance.
Any failure to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7, inclusive, constitutes a public nuisance. Any person, firm, or corporation failing to comply with the provisions of §§ 34-25-32.3 to 34-25-32.7, inclusive, is guilty of a Class 1 misdemeanor.
Source: SL 1998, ch 208, § 3.
34-25-32.6. Disposition of fetal remains--Method.
No religious service or ceremony is required as part of the disposition of the remains of a human embryo or fetus. The hospital, clinic, or medical facility shall discuss or disclose the method of disposition with the woman who had the miscarriage.
Source: SL 1998, ch 208, § 4.
34-25-32.7. Fetal organ, tissue donation--Circumstances--Consent required.
Tissue and organ donation may occur in cases of spontaneous abortions if the consent of the mother is obtained.
Source: SL 1998, ch 208, § 5.
34-25-32.8. Definitions related to stillbirth.
Terms used in §§ 34-25-32.8 to 34-25-32.16, inclusive, mean:
(1) "Stillbirth," any intrauterine fetal death occurring in this state after a gestational age of not less than twenty completed weeks; and
(2) "Certificate of birth resulting in stillbirth," a certificate issued to record the birth of a stillborn child.
Source: SL 2007, ch 195, § 1.
34-25-32.9. Notice to parent of means for requesting a certificate of birth resulting in stillbirth.
Any person who is required to file a fetal death report pursuant to § 34-25-32.2 shall advise the parent or parents of a stillborn child:
(1) That a parent may, but is not required to, request a certificate of birth resulting in stillbirth by contacting the Department of Health to request the certificate and paying the required fee; and
(2) The means by which a parent may contact the Department of Health to request the certificate.
Source: SL 2007, ch 195, § 2.
34-25-32.10. Name of stillborn child on certificate of birth resulting in stillbirth.
Any parent may provide a name for a stillborn child on the request for a certificate of birth resulting in stillbirth. If the requesting parent does not wish to provide a name, the Department of Health shall fill in the certificate with the name "baby boy" or "baby girl" and the last name of the parent.
Source: SL 2007, ch 195, § 3.
34-25-32.11. Fetal death report to be referenced on certificate of birth resulting in stillbirth.
Any certificate of birth resulting in stillbirth shall include information referencing the corresponding fetal death report.
Source: SL 2007, ch 195, § 4.
34-25-32.12. Form and content of certificate of birth resulting in stillbirth.
The Department of Health shall prescribe the form and content of a certificate of birth resulting in stillbirth and shall specify the information necessary to prepare the certificate.
Source: SL 2007, ch 195, § 5.
34-25-32.13. Certificate of birth resulting in stillbirth not used to calculate live birth statistics.
The Department of Health may not use a certificate of birth resulting in stillbirth to calculate live birth statistics.
Source: SL 2007, ch 195, § 6.
34-25-32.14. Fee for certificate of birth resulting in stillbirth.
Each applicant for a certificate of birth resulting in stillbirth shall submit a ten dollar fee to the Department of Health for the preparation and filing of the record.
Source: SL 2007, ch 195, § 7.
34-25-32.15. Certificate may be requested without regard to filing date of fetal death report.
Any parent may request the Department of Health to issue a certificate of birth resulting in stillbirth without regard to the date on which the fetal death report was filed.
Source: SL 2007, ch 195, § 8.
34-25-32.16. Certificate may be requested without regard to date of fetal death.
Any parent may request the Department of Health to prepare and issue a certificate of birth resulting in stillbirth without regard to whether the fetal death occurred on, before, or after July 1, 2007.
Source: SL 2007, ch 195, § 9.
34-25-33. Burial or removal permit filed by funeral director after final disposition.
The funeral director or person acting as such shall, within ten days after final disposition, file or transmit the original burial or removal permit to the local registrar of the district in which final disposition was made.
Source: SDC 1939, § 27.0210 as added by SL 1941, ch 124, § 2; SL 1972, ch 194, § 29.
34-25-34. Burial-transit permit issued out-of-state as authority for final disposition.
A burial-transit permit issued under the law of another state which accompanies a dead body or fetus brought into this state shall be the authority for final disposition of the body or fetus in this state.
Source: SL 1931, ch 267, § 5; SDC 1939, § 27.0211; SL 1972, ch 194, § 30.
34-25-36. Records and monthly report of funeral director.
A funeral director, embalmer, or other person who removes from the place of death or transports or finally disposes of a dead body or fetus, in addition to filing any certificate or other form required by this chapter, shall keep a record which shall identify the body, and shall on or before the fifth day of each month report to the department all human bodies handled during the preceding month on a form provided for that purpose. If no death occurs in any given month which requires a funeral director to keep a record pursuant to this section, the funeral director shall report that fact on a form provided for that purpose.
Source: SDC 1939, § 27.0213; SL 1972, ch 194, § 31; SL 1999, ch 175, § 2.
34-25-38. Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules.
No person in charge of any premises in which interments are made, shall inter, or permit the interment, disinterment, or other disposition of any body, unless it is accompanied by a burial, removal, disinterment, or transit permit. The Department of Health shall promulgate rules pursuant to chapter 1-26 governing the issuance of permits for disinterment or reinterment of a dead body or fetus.
Source: SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (2); SL 1972, ch 194, § 32; SL 1996, ch 215, § 1.
34-25-38.1. Issuance of disinterment permit.
A disinterment permit shall be issued by the department upon receipt of a written or electronic application from a person licensed by the State Board of Funeral Service or upon receipt of an order of a court of competent jurisdiction directing the disinterment. If the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit without the written consent of the surviving spouse, or in the case of a spouse's absence, death, or incapacity, the next of kin within the same degree of kinship. In the case of a minor, if the disinterment is not directed pursuant to a court order, the department may not issue a disinterment permit for the minor without the written consent of the surviving parents. The Department of Health may promulgate rules pursuant to chapter 1-26 to establish the process for issuing a disinterment permit that is not directed pursuant to a court order. The disinterment permit becomes effective as provided in this section. Unless the disinterment permit was issued as the result of a court order, the department shall, upon issuance of the disinterment permit, notify the affected cemetery board of directors appointed pursuant to § 7-26-7 or 9-12-18 or the board of county commissioners of the county in which the disinterment is to occur, or in the case of a disinterment for an enrolled tribal member, the tribal chairperson on the issuance of the permit. The cemetery board of directors, the board of county commissioners, or the tribal chairperson may request the circuit court to prevent the disinterment. The disinterment permit shall take effect within fifteen days after its issuance unless the circuit court has ordered otherwise. The disinterment permit authorizes disinterment, transportation, and reinterment of a dead body or fetus. Authorities in charge of a cemetery may not transfer bodies buried in one part of the cemetery to another part without the authority of a disinterment permit.
Source: SL 1996, ch 215, § 2; SL 2003, ch 186, § 7; SL 2009, ch 168, § 1; SL 2018, ch 206, § 1.
34-25-39. Completion of burial permit when no person in charge of cemetery.
The funeral director, or person acting as such, when burying a body in a cemetery or burial ground, having no person in charge, shall complete the burial or removal permit.
Source: SL 1931, ch 267, § 10; SDC 1939, § 27.0214; SL 1941, ch 124, § 4; SDC Supp 1960, § 27.0214 (3); SL 1972, ch 194, § 33.
34-25-42. Delayed registration of birth, death, or marriage--Fee.
If a birth, death, or marriage occurring in this state has not been registered within one year from the date of occurrence, a certificate may be filed in accordance with regulations of the secretary of health, and shall be marked "delayed" on the face of the certificate. Each applicant for a delayed birth, death, or marriage certificate shall submit a fifteen dollar fee to the Department of Health for the preparation and filing of the delayed record.
Source: SL 1931, ch 267, § 16; SDC 1939, § 27.0216; SL 1941, ch 124, § 5; SL 1972, ch 194, § 34; SL 1978, ch 255, § 3; SL 1991, ch 279, § 2; SL 2005, ch 191, § 1.
34-25-43. Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required.
The department shall prepare, print, and supply to all registrars, all software, blanks and forms used in registering, recording, and preserving the vital records, or in otherwise carrying out the purposes of this chapter. No blanks or forms may be used other than those supplied by the department or exact electronic replicas approved by the department.
Source: SDC 1939, § 27.0202; SL 1972, ch 194, § 35; SL 1999, ch 175, § 3; SL 2003, ch 186, § 8.
34-25-44. Blank forms supplied by local registrar--Examination of permit for disposition on presentation.
Each local registrar shall supply blank forms of certificates to such persons as require them. When a permit for disposition is presented for filing, the local registrar shall carefully examine each permit for disposition, to ascertain whether or not it has been completed in accordance with the provisions of this chapter and any rules promulgated pursuant to this chapter.
Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1972, ch 194, § 36; SL 2003, ch 186, § 9.
34-25-45. Legibility of records and certificates--Incomplete or illegible certificates not filed.
All records and certificates required by this chapter shall be completed electronically, typewritten, or written legibly in permanent black ink. In case any certificate is not complete or not legible, the department may not file the same, but shall require the person responsible for the record to prepare a new record that is complete and legible.
Source: SDC 1939, § 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 105; SL 1959, ch 129; SL 1972, ch 194, § 37; SL 2003, ch 186, § 10.
34-25-46. Signing, dating, and numbering of permits for disposition by local registrar.
The local registrar shall sign, date, and number consecutively the permits for disposition filed at the county office.
Source: SDC 1939, §§ 27.0206, 27.0217; SL 1941, ch 124, § 6; SL 1945, ch 103, § 2; SL 1945, ch 105; SL 1963, ch 149, § 1; SDCL, §§ 34-25-17, 34-25-46; SL 1972, ch 194, § 38; SL 1974, ch 55, § 35; SL 1977, ch 285, § 3; SL 1999, ch 175, § 4; SL 2003, ch 186, § 11.
34-25-51. Amendment of vital record--Fee for delayed amendment.
A vital record may be amended in accordance with rules promulgated by the department pursuant to chapter 1-26. Each request for amending a birth, death, or marriage certificate, after one year from the event, shall be accompanied by an eight dollar fee to the department for amending the record and filing the affidavit.
Source: SDC 1939, § 27.0218; SL 1945, ch 103, § 3; SL 1947, ch 121, § 2; SL 1972, ch 194, § 39; SL 1978, ch 255, § 4; SL 1991, ch 279, § 3; SL 2001, ch 129, § 2; SL 2005, ch 191, § 2.
34-25-52. Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees.
The department or authorized local registrars shall, upon receipt of an application, issue a certified copy of a vital record to the registrant or the registrant's spouse, children, parents, guardian, next of kin, or authorized representative. The department may authorize others to obtain certified copies in response to a demonstration that the record is needed for the determination or protection of a personal or property right. The department or authorized local registrars shall upon receipt of an application, issue informational copies to any applicant of any vital record. The department or authorized local registrar may withhold the immediate issuance of any certified copy for a period of no longer than three days. The department shall be entitled to a fee based upon administrative cost as established by the department pursuant to chapter 1-26 for each search of the files and records. The fee shall be paid in advance by the applicant and shall not be in addition to the fee hereinbefore provided for the making and certification of the record but shall be applied in payment thereof if the record is found.
Source: SL 1905, ch 63, § 30; RC 1919, § 9912; SL 1931, ch 267, §§ 17, 20; SL 1937, ch 261; SDC 1939, §§ 27.0215, 27.0220; SL 1943, ch 101; SL 1945, ch 103, § 4; SL 1953, ch 124, § 2; SL 1959, ch 29, § 2; SDCL, § 34-25-41; SL 1968, ch 115; SL 1972, ch 194, § 40; SL 1980, ch 238, § 26; SL 2005, ch 190, § 3.
34-25-52.1. Copies or data supplied to public or private agencies.
Federal, state, local, and other public or private agencies may, upon request, be furnished copies or data upon such terms or conditions as may be prescribed by the secretary of health.
Source: SL 1972, ch 194, § 41.
34-25-52.2. Additional fee for copy of birth record--Disposition.
In addition to the fee charged an applicant by the Department of Health for supplying a certified copy of the record of any birth, there shall be levied an additional charge of two dollars for the first copy requested and two dollars for each additional copy requested. The money collected shall be submitted by the collecting agency on a monthly basis to the state treasurer to be deposited in the children's trust fund.
Source: SL 1984, ch 194, § 2.
34-25-52.3. Free birth certificate with head start enrollment form.
Notwithstanding § 34-25-52, the department shall provide at no cost a certified copy of any child's birth certificate, limited to one, upon presentation of a copy of a valid head start enrollment form for that child.
Source: SL 1992, ch 247.
34-25-52.4. Uniform forms and procedures for issuance of copies of records--Rules.
All forms and procedures used in the issuance of certified and informational copies of vital records shall be uniform and shall be provided or approved by the state registrar. The department shall promulgate rules pursuant to chapter 1-26 to determine application requirements for a certified and an informational copy of a vital record, acceptable proof of identity, and the features required in a certified or informational copy.
Source: SL 2005, ch 190, § 4.
34-25-52.5. Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility.
Nothing in this chapter may be construed to permit disclosure of information contained in the "Information for Medical and Health Use Only" section of the birth certificate or the "Information for Statistical Purposes Only" section of the certificate of marriage or certificate of divorce unless specifically authorized by the department for statistical or research purposes. Such data is not subject to subpoena or court order and is not admissible before any court, tribunal, or judicial body.
Source: SL 2005, ch 190, § 5.
34-25-52.6. Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.
To protect the integrity of vital records, ensure their proper use, and to ensure the efficient and proper administration of the vital records system, no employee of the state vital records office, local registrar, or deputy registrar may permit inspection of any vital record or disclose information contained in any vital record or issue a copy of all or part of any such record unless authorized by this chapter or a court of competent jurisdiction.
Source: SL 2005, ch 190, § 6.
34-25-52.7. Free birth certificate upon proof of homelessness.
Notwithstanding § 34-25-52, the department must provide, at no cost, a certified copy of a person's South Dakota birth certificate, limited to one, upon application and proof of that person's homelessness. The person or the person's spouse, child, parent, guardian, next of kin, or authorized representative may apply for a certified copy of the person's birth certificate pursuant to this section.
An affidavit developed by the department attesting to the person's housing status is proof of homelessness for the purposes of this section. The department may not accept an affidavit as proof of homelessness unless signed by the person experiencing homelessness and a homeless services provider with knowledge of the person's housing status.
For the purposes of this section, the term "homeless services provider" means any government or nonprofit agency that provides a food bank, homeless shelter, housing assistance program, homeless outreach or advocacy program, or any similar program; any human services or social services agency, public or private, providing health services, behavioral health services, substance use disorder services, or employment or public assistance services to homeless persons; or any law enforcement officer designated as a liaison to the homeless population by a local police department or sheriff's department.
Source: SL 2024, ch 143, § 1.
34-25-54. Certified copies supplied free for military or veterans' claims--Minors participating in sports programs.
No charge may be made for certified copies of birth, death, marriage, adoption, divorce, or guardianship or conservatorship papers, to a serviceman in or a veteran of any war or conflict in which the United States has been or hereafter will be engaged, or veteran as defined by § 33A-2-1; to the spouse, widow, widower, children, or other dependents of such serviceman or veteran; to the South Dakota Department of the Military or Department of Veterans Affairs or a similar agency in any other state; to county veterans' service officers; to the representatives of the American Red Cross or of nationally chartered veterans' organizations holding power of attorney for the applicant, when such record or records are required in support of any claim against any agency of the United States, or any agency or department of state government, and no charge may be made for the issuance of a certified copy of a birth record, limited to one, to a person under eighteen years of age who needs such certificate to participate in an organized sports program sponsored by a patriotic organization.
Source: SL 1931, ch 267, § 20; SL 1937, ch 261; SDC 1939, § 27.0220; SL 1943, ch 101; SL 1945, ch 103, § 4; SL 1953, ch 124, § 2; SL 1959, ch 29, § 2; SL 1968, ch 115; SL 1986, ch 27, § 35; SL 1993, ch 213, § 229; SL 2011, ch 1 (Ex. Ord. 11-1), §§ 18 to 21, eff. Apr. 12, 2011.
34-25-57. Violation of requirements as misdemeanor.
No person, officer, agent, or employee of any other person or of any corporation or partnership may:
(1) Inter, cremate, or otherwise finally dispose of a dead body of a human being or permit the same to be done or remove the body from the state without authority of a burial or removal permit;
(2) Refuse or fail to furnish any information in such person's possession or furnish false information affecting any certificate or record required by this chapter;
(3) Intentionally falsify any certificate of birth, death, or burial or removal permit or any record required by this chapter;
(4) Being required by this chapter to fill out a certificate of birth or death and file the certificate with the local registrar or deliver it upon request to any person charged with the duty of filing the certificate, fail, neglect, or refuse to perform;
(5) Being an employee of the state vital records office, a local registrar or deputy registrar, intentionally fail, neglect, or refuse to perform the duty as required by this chapter or by the rules adopted by the secretary of health or by the instructions and directions of the department;
(6) Intentionally make, counterfeit, alter, amend, or mutilate any certificate, record, or report required by this chapter or a certified copy of the certificate, record, or report for the purpose of deception;
(7) Obtain, possess, use, sell, or furnish to another, or attempt to obtain, possess, use, sell, or furnish to another, any certificate, record, or report, or certified copy thereof, required by this chapter, whether altered in any manner or not, for any purpose of deception; or
(8) Possess any certificate, record, or report, or copy thereof, required by this chapter, knowing that the certificate, record, or report, or copy thereof, was stolen or otherwise obtained unlawfully.
A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 27.9902; SL 1941, ch 124, § 8; SL 1972, ch 194, § 43; SL 1977, ch 190, § 66; SL 2000, ch 172, § 1; SL 2005, ch 190, § 7.
34-25-57.2. Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.
No employee of the state vital records office, local registrar, or deputy registrar may be held personally liable for any unintentional issuance of any certified copy of any vital record fraudulently obtained.
Source: SL 2005, ch 190, § 8.
34-25-58. Enforcement and supervisory powers of department--Investigations by secretary.
The provisions of this chapter shall be performed and enforced in every part of this state by the State Department of Health which shall have supervisory power over local registrars and deputy local registrars, to the end that all requirements of this chapter shall be uniformly complied with. The secretary of health either personally or by accredited representative shall have authority to investigate any irregularities or violations of law, and all registrars shall aid him upon request in such investigations.
Source: SL 1931, ch 267, § 22; SDC 1939, § 27.0222; SL 1972, ch 194, § 44.
34-25-61. Severability of provisions.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held or declared to be unconstitutional, inoperative, or void, such holding or invalidity shall not affect the remaining portions of this chapter; and it shall be construed to have been the legislative intent to pass this chapter without such unconstitutional, inoperative, or invalid part therein; or if this chapter or any provision thereof shall be held inapplicable to any person or persons, property or kind of property, circumstance or set of circumstances, such holding shall not affect the applicability hereof to any other person, property, or circumstance.
Source: SL 1941, ch 124, § 10; SDC Supp 1960, § 27.0223.
34-25-62. Electronic list of persons married in South Dakota.
Any electronic list of persons married in South Dakota may be released by the Department of Health or the local register of deeds.
Source: SL 2007, ch 196, § 1.
