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.