language to be deleted (2) new language
Laws of Minnesota 1991 CHAPTER 203-S.F.No. 762 An act relating to health; changing restrictions on disclosing birth record of a child born to an unmarried woman; amending Minnesota Statutes 1990, section 144.225, subdivisions 2 and 4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1990, section 144.225, subdivision 2, is amended to read: Subd. 2. [
INFORMATIONDATA ABOUT CERTAINBIRTHS.] Disclosure of information pertaining to(a) Except as otherwise provided in this subdivision, data pertaining to the birth of a child, to a woman who was not married to the child's father when the child was conceived nor when the child was born, including the original certificate of birth and the certified copy, are confidential data. At the time of the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born or information from which it can be ascertained, shall be made only to the guardian of the person, the person to whom the record pertains when the person is 18 years of age or older, a parent of the person born to a mother who was not married to the child's father when the child was conceived nor when the child was born as provided by section 144.218, subdivision 1, or upon order of a court of competent jurisdiction, the mother may designate on the birth registration form whether data pertaining to the birth will be public data. Notwithstanding the designation of the data as confidential, it may be disclosed to a parent or guardian of the child, to the child when the child is 18 years of age or older, pursuant to a court order, or under paragraph (b). (b) Unless the child is adopted, data pertaining to the birth of a child that are not accessible to the public become public data if 100 years have elapsed since the birth of the child who is the subject of the data, or as provided under section 13.10, whichever occurs first. (c) If a child is adopted, data pertaining to the child's birth are governed by the provisions relating to adoption records, including sections 13.10, subdivision 5; 144.1761; 144.218, subdivision 1; and 259.49. The birth and death records of the commissioner of health shall be open to inspection by the commissioner of human services and it shall not be necessary for the commissioner of human services to obtain an order of the court in order to inspect records or to secure certified copies of them. Sec. 2. Minnesota Statutes 1990, section 144.225, subdivision 4, is amended to read: Subd. 4. [ACCESS TO RECORDS FOR RESEARCH PURPOSES.] The state registrar may permit persons performing medical research access to the information restricted in subdivision 2 if those persons agree in writing not to disclose private or confidential data on individuals. Sec. 3. [APPLICATION TO EXISTING DATA.] (a) Section 1, paragraph (a), is effective August 1, 1991, and applies to data pertaining to births that occur on or after that date. The mother of a minor child who was born before August 1, 1991, and who was not adopted, may file an affidavit with the state registrar designating that data pertaining to the birth that were not accessible to the public under Minnesota Statutes 1990, section 144.225, subdivision 2, become public data. (b) Section 1, paragraph (b), is effective August 1, 1991, and applies to data pertaining to births that occur before, on, or after the effective date. Presented to the governor May 23, 1991 Signed by the governor May 27, 1991, 10:42 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes