Minnesota Session Laws - 1991, Regular Session

  

                         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.  [INFORMATION DATA ABOUT CERTAIN BIRTHS.] 
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.