The publisher does not state since when this version applies. Read on 2026-10-24.
Copy read on 2026-11-08 from the Internet Archive's copy of 2026-10-24, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
5-C:75-b Limited Release of Information to CDC; Fetal Death.
I. When the division of vital records administration releases information on a fetal death to the Centers for Disease Control (CDC), it shall not include:
(a) The names of the mother or father;
(b) The birth month and day of the mother or father;
(c) Their medical record numbers; or
(d) Their residential address, mailing address if different from the residential address, or zip code.
II. The division may release the mother and father's birth year and the date of fetal delivery to the CDC.
Source. 2026, 260:2, eff. July 2, 2026.
The information and signature requirements for a fetal death paternity affidavit shall be as follows:
I. Information regarding the fetus and delivery:
(a) The name of the fetus as it appears on the report of fetal death.
(b) The date and place of delivery of the fetus.
II. Information regarding the father:
(a) Current full legal name.
(b) Full name prior to first marriage or civil union.
(c) Residence address, including street address, city or town, state, and zip code.
(d) Date of birth.
(e) State of birth.
(f) Father's signature and date signed, unless the natural father is a minor, in which case his parent or guardian's signature and date signed shall be obtained.
III. Information regarding the mother:
(a) Current full legal name.
(b) Full name prior to first marriage or civil union.
(c) Residence address, including street address, city or town, state, and zip code.
(d) Date of birth.
(e) State of birth.
(f) Mother's signature and date signed, unless the mother is a minor, in which case her parent or guardian's signature and date signed shall be obtained.
IV. Information regarding the mother's partner, when they agree that they are not a natural parent of the fetus:
(a) Current full legal name.
(b) Partner's signature and date signed, unless the partner is a minor, in which case their parent or guardian's signature and date signed shall be obtained.
V. The signatures of the natural father, mother, and, if applicable, partner shall be notarized.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 2:3, eff. June 6, 2026.
5-C:77 Procedures for Completion of the Fetal Death Paternity Affidavit.
In the case of an unwed mother, a fetal death paternity affidavit, as described in RSA 5-C:76, shall be required to add the father's name and information to the report of fetal death.
I. The hospital or institution's designated staff shall assist the parents in the preparation of the fetal death paternity affidavit.
II. When a report of fetal death is filed electronically by a New Hampshire facility and a fetal death paternity affidavit is executed, the father's information shall be entered electronically as part of the report of fetal death. The paper copy of the fetal death paternity affidavit shall be forwarded to the division.
III. When a report of fetal death is filed on paper, the fetal death affidavit shall be prepared and attached to the report of fetal death that is forwarded to the division. Upon receipt of the fetal death paternity affidavit, the information concerning the father shall be added by the division to the report of fetal death.
IV. The fetal death paternity affidavit form shall be retained by the division in accordance with the record retention schedule listed in RSA 5-C:96.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 2:4, eff. June 6, 2026.
5-C:78 Burial Permit for Disposition of Fetal Remains.
Other than hospital dispositions, disposition information for fetal deaths reported as directed in RSA 5-C:71, I(a) shall be filed electronically by a licensed New Hampshire funeral director or town or city clerk. The burial permit for the disposition of fetal remains shall be generated electronically upon the completed filing of a report of fetal death and will consist of the following information:
I. Information about the fetus, including the name; sex, if known; date of delivery; city, town, or location of delivery; county of delivery.
II. The manner of disposition; the date of disposition; the name of the cemetery or crematory; the name of the place where the cemetery or crematory is located.
III. Information about the funeral director, next of kin, or designated agent, including the name of the funeral home, complete address, and the NH license number of the funeral director.
IV. If stored, the name of the storage vault; the date of storage; the location of the vault, by city or town and state; the signature of the cemetery sexton or person in charge of the storage vault or, if none, the funeral director; and the date that the body or cremains are released from the storage vault.
V. Upon disposition, the cemetery or crematory authority shall complete the following information: type of disposition; date of disposition; name and location of cemetery, crematory, or vault; section and grave number; signature of the cemetery sexton or person in charge of the cemetery or crematory or, if none, the funeral director.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 2:5, eff. June 6, 2026.
5-C:79 Procedures for the Disposition of Fetal Death Remains.
Prior to disposition, the funeral director, next of kin, or designated agent, hospital administrator or his or her designated representative, or whomever assumes responsibility for the disposition shall request a written authorization from the parent regarding the manner of disposition such as burial, cremation, temporary entombment, donation, mausoleum, or other. When disposition takes place outside the hospital or institution, a burial permit shall be completed as described in RSA 5-C:78. In the case where fetal death remains are to be cremated other than in a hospital, authorization shall first be obtained from the medical examiner pursuant to RSA 611-B:11. The burial permit shall be submitted to the clerk of the town or city within 6 calendar days of the disposition and retained in accordance with the record retention schedule set forth in RSA 5-C:96.
Source. 2005, 268:1. 2007, 324:8, eff. Sept. 14, 2007. 2026, 2:6, eff. June 6, 2026.
I. When a death has occurred in New Hampshire and has not been registered with the division within 6 months of the date of death or within 6 months of the presumed date of death, a delayed certificate of death shall be filed, subject to such evidentiary requirements as specified in paragraph IV, to substantiate the alleged facts of death.
II. A certificate of death registered 6 months or more after the date of death or the presumed date of death shall be marked "delayed" by the registrar and include the date of the delayed filing.
III. For those certificates filed 6 months or more after the date of death, the physician, APRN, physician associate, or medical examiner and the funeral director shall submit an affidavit stating the reason why the death certificate was not filed in a timely manner.
IV. In the absence of the attending physician, APRN, physician associate, or medical examiner and the funeral director, the certificate shall be filed by the next of kin or designated agent of the decedent. The certificate shall be accompanied by a notarized affidavit of the person initiating the filing, swearing to the accuracy of the information and explaining the reasons why the certificate has not been filed previously. Two additional notarized or certified documents that identify the decedent, the decedent's date and place of death, and the circumstances surrounding the decedent's death shall also be attached to the certificate. A summary statement of the evidence submitted in support of the delayed registration shall be prepared by the clerk of the town or city of death occurrence on the certificate, and the certificate shall be marked "delayed." When all of the evidence has been gathered, the clerk of the town or city of death occurrence shall forward the application for a delayed death certificate and all supporting documentation to the state registrar.
V. When the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence because of inconsistencies with other records, the state registrar shall notify the applicant, in writing, of the deficiencies and that the vital record shall not be amended unless the deficiencies are corrected. The registrar also shall notify the applicant that he or she has 30 days to appeal the registrar's decision regarding the issuance of a delayed death certificate.
VI. All certified copies of delayed death certificates issued by the division or the clerk of a town or city shall be stamped or suitably noted to indicate "DELAYED."
Source. 2005, 268:1. 2007, 215:11. 2009, 54:4, eff. July 21, 2009. 2015, 140:11, eff. Jan. 1, 2016. 2025, 105:1, eff. June 17, 2025.
I. When the division receives the death record, it shall be examined for accuracy and completeness.
II. Queries to obtain missing information or to clarify submitted information shall be made by the division to the attending or certifying physician, APRN, or physician associate concerning the cause of death and related information, and to the funeral director, next of kin, or designated agent concerning all other information.
Source. 2005, 268:1. 2007, 215:12. 2009, 54:4, eff. July 21, 2009. 2015, 140:12, eff. Jan. 1, 2016. 2025, 105:1, eff. June 17, 2025.
5-C:82 Application for and Preparation of a Certified Copy of a Death Certificate.
I. Written application for a certified copy of a death record shall be made by mail or in person at the division or at any clerk of a town or city's office.
II. The applicant for a certified copy of death record shall provide: the full name of the deceased; the date and place of death; the purpose for which the record is requested; the applicant's signature; the applicant's relationship to the deceased; and the applicant's name, address, and telephone number.
III. If the registrar determines that the applicant has a direct and tangible interest in the record, the registrar shall issue a complete certified copy of a death record for any year of occurrence on safety paper, bearing the official seal of the state registrar.
IV. The local or state registrar shall issue a certified copy of a vital record if the application is incomplete but the information provided enables the record to be identified and located and there is no question concerning the direct and tangible interest of the applicant.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. The state registrar or any clerk of a town or city shall, upon receipt of a written application, issue a certified copy of a death record or an abstract thereof to any applicant having a direct and tangible interest in the vital record.
II. Each copy issued shall show the date of filing and have the official seal of the state registrar or clerk of a town or city.
III. Certified copies issued from records marked "amended" or "presumptive" shall be similarly noted and show the effective date.
IV. Certified copies of death records shall be issued to the public only by the state registrar or clerk of a town or city.
V. When a New Hampshire resident has died out-of-state, the division shall make that information available to the clerk of the New Hampshire city or town of residence of the decedent.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. To protect the integrity of vital records and to prevent the fraudulent use of the records of deceased persons, the state registrar and clerks of towns and cities shall, on a monthly basis, match birth and death records and post the facts of death to the appropriate birth record and mark the record as "deceased."
II. In the case of birth records marked "deceased," all certified copies shall also be marked "deceased."
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:85 General Forms for Amending or Correcting a Vital Record.
Except for divorce records which are amended by the court, 2 forms shall be used to correct any vital record which contains inaccurate, erroneous, or missing information.
I. The first form shall be used if corrections to a vital record are to be made within 6 months of the filing of the birth, marriage, or death, except that the form shall not be used for the addition of a husband's name to the birth record. The form shall be completed by the clerk of the town or city with the following: an indication of the type of vital record, whether the correction is being done in order to enact a legal change of name, correct a state or town record which contains incorrect information, or make a correction due to spelling or other typographical errors; the items to be corrected; the items as they now appear on the record; the items as they should appear on the record after the correction is made; the date of the vital record event; information sufficient to identify the person requesting the correction; the source for the correction; the date the original vital record was filed with the clerk of the town or city; and the clerk's signature, town or city name, and date the clerk of the town or city signed the form. The form shall be forwarded to the division upon completion in order to have the correction made to the state record.
II. A second form shall be used if corrections to a vital record are to be made more than 6 months after the filing of the birth, marriage, or death. The form shall be completed by the clerk of the town or city with the following: an indication of the type of vital record; the items to be corrected; the items as they now appear on the record; the items as they should appear on the record after the correction is made; the date of the vital record event; the name and address of the person requesting the correction; the birthplace of the person requesting the correction; a list of evidence presented indicating the type of documentation presented by the requestor; and the signature of the clerk of the town or city and date signed by month, day, and year. The form shall be signed by the person requesting the correction and shall be notarized by a notary public or justice of the peace. The clerk of the town or city shall submit the form to the state registrar along with a copy of the supporting documentation. The state registrar shall review the documentation for completeness and indicate approval or disapproval of the requested changes in accordance with RSA 5-C:40 for birth records, RSA 5-C:54 for marriage records, and RSA 5-C:94 for death records. If the registrar approves the change, the registrar shall correct the record and return the approved form to the clerk of the town or city.
Source. 2005, 268:1, eff. Jan. 1, 2006.
The division shall provide forms to amend birth records and shall require such information as the division deems appropriate given the year of birth.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:87 Initiating Amendments and Corrections to Birth Records.
I. Any change to a birth record shall be initiated with the clerk of the town or city of birth occurrence by a personal visit or letter from the requesting party.
II. Within 6 months from the filing of the birth record, changes or corrections to the birth record may be made without obtaining approval from the state registrar by using the appropriate form in accordance with RSA 5-C:85.
III. After 6 months from the filing of the birth record, no change or alteration to the birth record on file with the division, or on file in any city or town in the state of New Hampshire, shall be made except upon application, in accordance with RSA 5-C:85, to the state registrar by one of the parents, the guardian or legal representative of the child or, if the person whose record is involved is 18 years of age or older, by the person, himself or herself.
IV. Upon receipt of a certified copy of a court order changing the name of a person born in the state of New Hampshire, the clerk of the town or city shall amend the birth record by replacing the original name with the new name, enter a marginal note stating "legal change of name per court order" with the date of the order, and "A.K.A." the original name, and shall forward notice of the change to the state registrar.
V. Upon receipt of a certified copy of a court order advising that such individual born in the state of New Hampshire has had a sex change, a new birth record shall be prepared to reflect such change.
VI. For birth records created prior to 1948, if the surname was left blank but the surname was provided for the father or mother of the registrant, the parents surname shall be added as the surname of the registrant by the clerk of the town or city or the state registrar, but a correction form and documentation shall not be required to do so.
VII. If the registrant is deceased, except for infant deaths under one year of age, given names or surnames shall not be added to a birth record but a copy of such a record shall be issued, if requested.
VIII. Birth records that do not show the given name or the surname of the registrant shall not be issued except in accordance with RSA 5-C:89, or for the purpose of adoption proceedings.
IX. Except as otherwise provided in paragraph X, the state registrar shall approve correction requests if a review of the documentation submitted shows that the information needed to render a decision is complete and the documentation submitted substantiates that the information contained on the current record is incorrect.
X. If the correction of a falsified birth record involves the removal or the substituting of the name of a father to the birth record, a certified copy of a court order shall be required.
XI. The correction process in this section shall not apply to birth records that, pursuant to RSA 5-C:105, are part of the public domain, unless it is shown that the record is to be used for legal purposes or the registrant is still alive.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:88 Town or City Clerk Procedures to Amend Birth Records.
I. All amendments shall be made to the record by the clerk of the city or town where the birth occurred.
II. The clerk of the town or city shall: replace the original record with the amended birth record; retain the originally assigned file number; retain the original record attached to the amended record; prepare an amended birth record using the form appropriate for the year of birth; and forward the amended birth record to the division.
III. The clerk of the town or city shall use the amended record for all future inquiries to the record.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:89 Documentary Evidence Required to Amend Birth Record.
I. Other than corrections in spelling, clerical errors, or omissions, name changes involving the name of the registrant, or the names of his or her parents as listed on a birth record, shall require a certified copy of a court order that states the name to be changed and how the name is to appear on the birth record.
II. Within 6 months of the filing of the birth registration, a request to change the spelling or to add the name of a child shall be processed by the clerk of the town or city. The form used to make the request shall be signed by the parent as recorded on the birth record, the guardian, or the legal representative of the registrant and shall be an acceptable affidavit for such a name change. The record shall be noted with the first name, middle name, or last name, as applicable, and "Corrected" and the date. The applicant shall present either a driver's license or other photo identification to the clerk of the town or city when making the request.
III. Irrespective of the time elapsed since the date of birth, if the surname on the birth record is blank, the registrant may request that the clerk of the city or town add a surname to the birth record, but only if the surname of the father shown on the birth record agrees with the surname that the registrant desires to add to the birth record.
IV. If a surname different than the surname of the father is requested, the amendment request shall require either a certified copy of the court order or the completion of the form described in RSA 5-C:85, II and submission of the documentation by the clerk of the city or town to the state registrar.
V. If a request for a change of the child's surname in connection with a court order of legitimation is made, the new surname shall be the name shown on a certified copy of the court order of legitimation and shall appear as such on the new birth record.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:90 Forms for Amending or Correcting a Marriage Record.
I. Corrections to a marriage record shall be initiated by the officiant or the marriage partners either by a personal visit or a letter to the clerk of the town or city who issued the marriage license.
II. The clerk of the town or city shall make all corrections to the marriage record in accordance with RSA 5-C:85.
III. The original signed request shall be retained on file by the clerk of the town or city in conformance with the retention schedule established by this chapter.
IV. When amending a record, the change shall be noted by the clerk of the town or city on the marriage record with a notation indicating the documentation reviewed, if any, the date the change was made and whether the change was requested within 6 months of filing the original vital record.
V. The correction process as described above shall not apply to records that are part of the public domain, pursuant to RSA 5-C:105, unless it is shown that the record is to be used for legal purposes or the registrant is still alive.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:91 False Information on the Marriage Application Worksheet.
I. If it becomes known to the clerk of the town or city who has issued a marriage license that false information was given on the worksheet and included on the license, or if the clerk discovers information that is known to be incorrect because of inconsistencies with other records, the clerk shall notify the bride and groom and, if appropriate, the officiant, by certified mail of the inconsistency and request that they respond in writing within 30 days. The clerk shall also request that they attach to the response letter any information which will assist in correcting the worksheet information; send a copy of the letter to the division; and prepare the appropriate form under RSA 5-C:85 to correct the vital record.
I. If it becomes known to the clerk of the town or city who has issued a marriage license that false information was given on the worksheet and included on the license, or if the clerk discovers information that is known to be incorrect because of inconsistencies with other records, the clerk shall notify the marriage applicants and, if appropriate, the officiant, by certified mail of the inconsistency and request that they respond in writing within 30 days. The clerk shall also request that they attach to the response letter any information which will assist in correcting the worksheet information; send a copy of the letter to the division; and prepare the appropriate form under RSA 5-C:85 to correct the vital record.
II. Upon receipt of a response letter under paragraph I, the division shall correct the marriage certificate in accordance with RSA 5-C:92.
III. If no response is received, the division shall make a notation on the marriage certificate that there is conflicting information that has not been resolved or, in response to alleged bigamy or falsification of information provided on the marriage worksheet, pursue penalties in accordance with RSA 5-C:14.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 296:10, eff. Sept. 8, 2026.
5-C:92 Amending or Correcting a Certificate of Marriage.
I. Within 6 months of the filing of the marriage registration, corrections shall be made on the marriage record using the form indicated under RSA 5-C:85, I.
II. When a person makes application to amend or correct a marriage record, the clerk of the city or town who issued the marriage license shall be paid the application fee required of the applicant by RSA 5-C:10, unless the correction is due to an error by the clerk.
III. Other than minor corrections in spelling or clerical errors, name changes involving the name of a spouse as listed on a marriage certificate shall be made as follows: a certified copy of the court order from a court of competent jurisdiction changing the name shall be obtained by the applicant; the court order shall be presented to the clerk of the town or city who issued the marriage license; the name change shall be shown with the notation A.K.A.; there shall be a notation on the marriage record which shall show the name of the court and the date of the court order; and shall be in accordance with RSA 5-C:90.
IV. When an applicant does not submit documentation to substantiate the need to amend a marriage record, or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence, the state registrar shall notify the applicant, in writing of the deficiencies in the application. The state registrar shall notify the applicant, in writing, that the vital record shall not be amended unless the deficiencies are corrected and that the applicant has the right to appeal the registrar's decision within 30 days.
V. The correction process as described above shall not apply to public records under RSA 5-C:105 unless it is shown that such a record is to be used for legal purposes or the registrant is still alive.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:93 Amendments and Corrections to Divorce, Legal Separation, or Civil Annulment Records.
I. Any change to a divorce, legal separation, or civil annulment record shall be initiated with the clerk of court by the husband, wife, or their legal representative or representatives.
II. Any amendments or corrections shall be submitted to the division through the clerk of courts as specified in paragraph I.
III. A certificate or record registered under RSA 458 shall be amended only in accordance with RSA 458.
IV. Any changes or additions made to the divorce record shall be made only on the divorce record received by the division from the court with an asterisk and notated to show why the changes were made.
V. The form indicated under RSA 5-C:85, I shall be used as the notice from the division to the court reflecting a change to the divorce record so that the court record agrees with the division record.
VI. No changes shall be made to correct divorce, civil annulment, or legal separation records that are part of the public domain pursuant to RSA 5-C:105, unless the record is to be used for legal purposes or the registrant is still alive.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:94 Amendments and Corrections to a Death Record.
I. When a request is made to change any of the death record information completed by the funeral director, next of kin or designated agent, the following procedure shall apply. If the request is made by the original informant, the original informant shall sign and complete the appropriate correction form as described in RSA 5-C:85 and submit the correction form and any documentation to substantiate the requested changes to the clerk of the town or city. If the requestor is not the original informant, then the original informant shall be notified of the request for changes to the death record by the clerk of the town or city of death occurrence, the requestor shall sign and complete the correction form as described in RSA 5-C:85, and, if possible, the clerk of the town or city shall attach to the correction form a notarized statement from the original informant approving the proposed changes. If the original informant does not approve of the proposed changes, he or she shall submit evidence as to why the requested change should not be made. If it is not possible to make contact with the original informant, a notarized statement shall be prepared by the clerk of the town or city and attached to the correction request, which contains a detailed explanation that an attempt was made to reach the original informant but the efforts were unsuccessful. In either case, the state registrar shall review the evidence submitted for completeness and, if complete, indicate approval by signing the request. If the request for change is being made by the funeral director who completed the death record due to an error made by him or her, the funeral director shall complete and sign a correction form and submit it to the clerk of the town or city of death occurrence. The change shall be made upon receipt of the correction form by the clerk of the town or city who shall submit a copy to the division.
II. The certifying physician, APRN, or physician associate shall initiate corrections concerning the cause of death, in writing, to the division, by signing and completing the supplemental death certificate as described in RSA 5-C:62.
III. The correction authorization from the physician, APRN, or physician associate shall be retained by the division in accordance with the retention schedule for a death record as established by this chapter. The death record shall be amended and noted as being amended.
IV. In the case where the division queries the physician, APRN, or physician associate concerning the cause of death, the physician, APRN, or physician associate shall send notice of the change in the cause of death directly to the division.
V. The physician's, APRN's, or physician associate's information concerning a change in the cause of death shall be retained by the division in accordance with the retention schedule for a death record established by this chapter. The death record shall be amended and noted as being amended.
VI. The funeral director, next of kin, or designated agent shall initiate corrections concerning burial arrangements information with the clerk of the city or town where the death occurred. The division shall be notified by the clerk of these corrections by the appropriate form as described in RSA 5-C:85.
VII. When the clerk of the town or city of death occurrence discovers information known to be incorrect because of inconsistencies with other records, he or she shall confirm the correct information, if possible, with the parties concerned, and shall notify the division of the inconsistencies. If the correction is to be made 6 months after the original death record was filed, the clerk shall obtain the approval of the state registrar before the vital event record is amended.
VIII. The state registrar shall approve the correction request if a review of the documentation submitted shows that the information required to render a decision is complete and the documentation submitted substantiates that the information contained on the current record is incorrect.
Source. 2005, 268:1. 2007, 215:13. 2009, 54:4, eff. July 21, 2009. 2015, 140:13, eff. Jan. 1, 2016. 2025, 105:1, 3, eff. June 17, 2025.
I. When the clerk of a town or city or the division amends a record, the change shall be noted indicating the authority, date, and correction procedure utilized.
II. When the state registrar questions the validity or adequacy of the applicant's sworn statements or the evidence submitted, he or she shall: notify the clerk of the town or city of the deficiencies in writing; request that deficiencies be corrected within 30 days; and notify the clerk of the town or city in the written correspondence above that if the deficiencies are not corrected, the state registrar shall not amend the death certificate.
III. The correction process described above shall not apply to records that have become part of the public domain under RSA 5-C:105, unless they are to be used for a legal purpose, such as proving United States citizenship.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:96 Retention Schedule for Forms and Other Documents.
I. "Vital event record," for the purpose of the retention schedule established in this section, means all of the following records:
(a) All birth records and any related documents used in the preparation of new records, including completed affidavits of paternity legitimation forms, court-ordered paternity decisions, court-authorized decisions related to change of gender, and all records relating to adoptions.
(b) All death records, including changes affecting medical certification, submitted by the physician, APRN, or physician associate to either the clerk of the town or city or the division.
(c) All marriage records, including any documents and related material used in the process of voiding any marriage certificate.
(d) Divorce, civil annulment, and legal separation records that are on file at the division.
II. For the purpose of preservation of facts in relation to births, marriages, deaths, and divorces, vital event records shall be retained by the city or town clerks and hospitals as follows:
(a) Application forms used to apply for certified copies: retained for one year.
(b) Marriage application worksheet when the clerk of the town or city has received the license from the officiant: retained for one year.
(c) Marriage application worksheet when the marriage license has not been returned by the officiant or it has been determined that the marriage had never taken place: retained for 50 years.
(d) Birth worksheet, hospital birth: retained for 7 years.
(e) Birth worksheet, home birth: retained for 7 years.
(f) In-state burial permit: retained for 6 years.
(g) Out-of-state burial permit: retained for 10 years.
(h) Disinterment and reinterment permit; in-state disposition: retained for 6 years.
(i) Disinterment and reinterment permit; out-of-state disposition: retained for 10 years.
(j) Medical examiner's cremation certificate: retained for 6 years.
(k) Amendment or correction form: retained permanently.
(l) Clerk of the town or city's copy of marriage certificate: retained permanently.
(m) Fetal death report: retained permanently.
(n) Funeral director receipt: retained for one year.
(o) Vital event records, including, birth, marriages, and deaths, not specifically listed in this paragraph: retained permanently.
Source. 2005, 268:1. 2007, 215:14. 2009, 54:4, eff. July 21, 2009. 2015, 140:14, eff. Jan. 1, 2016. 2023, 211:2, eff. Aug. 4, 2023. 2025, 105:1, eff. June 17, 2025.
I. If the marriage license issued to the prospective bride and groom is not used for any reason, it shall be returned to the clerk of the town or city of issuance.
I. If the marriage license issued to the prospective marriage applicants is not used for any reason, it shall be returned to the clerk of the town or city of issuance.
II. If the completed marriage license has not been returned by the officiant within 30 days of the planned date of the marriage, as noted on the marriage application worksheet, or 90 days has elapsed from the date the marriage intentions were filed, the clerk of the town or city shall contact the applicants to determine whether the marriage ever took place and who officiated and contact the officiant to request the marriage license.
III. If the clerk of the town or city is unable to obtain the marriage license, the clerk shall notify the division within 24 hours and contact one of the applicants to begin the process for a delayed marriage certificate as described in RSA 5-C:52.
IV. In the circumstances noted in paragraph II, the clerk of the town or city shall retain the application worksheet permanently and a notation shall be made to the application stating the marriage presumably did not take place.
V. All marriage worksheets shall be retained by the clerk of the town or city in accordance with the retention schedule as specified in this chapter.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 296:11, eff. Sept. 8, 2026.
I. A vital record may not be issued, duplicated, sealed, or notarized by any persons other than the division or clerks of towns and cities. These restrictions shall not apply to vital records in the public domain unless a certified copy is requested.
II. Certified copies of vital records shall be issued to the public only by the state registrar or a clerk of a town or city in accordance with this chapter.
III. Written application for a certified copy of a vital record shall be made by mail or in person at the division or at the office of a clerk of a town or city. Telephone and facsimile requests shall be acceptable only if payment is made through an electronic fee system by which payment for vital record copies may be made through a computerized system.
IV. Certified copies issued from records marked "Delayed" or "Amended" shall be similarly noted and show the effective date of the delay or amendment.
V. A certified copy of a vital record shall be issued if a direct and tangible interest claim is approved pursuant to RSA 5-C:102.
VI. A clerk of a town or city or the state registrar shall issue a certified copy of a vital record or a summary of the vital record even though required items of information are missing from the application if the information provided enables the record to be located and identified and there is no question concerning the direct and tangible interest of the applicant.
Source. 2005, 268:1, eff. Jan. 1, 2006.
An apostille record means a vital record document which contains the certification as provided for in the 1961 Hague Convention and which is recognized in the United States and other certifying countries as a certified document. An apostille record shall be prepared in the same manner as required for a certified copy and shall contain the following: the signature of the state registrar or the clerk of the town or city; the notarized acknowledgement of the state registrar or clerk and acknowledgement of the document by the New Hampshire secretary of state, including his or her signature and seal.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. The fee for making a record search shall be in accordance with RSA 5-C:10.
II. The search fee shall be payable regardless of whether the record is found.
III. The search fee shall include one certified copy of the record if a copy is desired and if it has been determined that the requestor has a direct and tangible interest in such record.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. Federal, state, or local government agencies may request certified copies of vital records by special arrangement without regard to RSA 5-C:10 by submitting such request to the local or state registrar.
II. If a free copy is issued by a clerk of a town or city or by the division to a United States Veterans Administration, a notation shall be made by the registrar on the face of the copy stating: "This certified copy is issued to be used solely in connection with U.S. Veterans Administration claim application and processing."
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:102 Disclosure of Information to Individuals; Direct and Tangible Interest.
I. Birth records prior to 1901 and death, marriage, divorce, legal separation, or civil annulment records prior to 1948 shall be considered public records.
II. Local and state registrars shall make vital records available only to persons who have a direct and tangible interest in the requested record as described in paragraph III and RSA 5-C:9.
III. In this chapter, the following persons shall be deemed to have a direct and tangible interest with regard to access to a vital record: the registrant; a member of the registrant's immediate family; the registrant's legal guardian; the registrant's legal representative; persons demonstrating a need for information for the determination or protection of a personal or property right; members of the press, radio, television, and other news media when the information requested by such media sources is of a public nature; persons authorized by the immediate family to conduct genealogical research; and the spouse of a divorced or legally separated person whose former marriage has been legally dissolved who is requesting certified copies of such divorce, legal separation, or civil annulment record.
IV. The natural parents of an adopted child who has been adopted outside of the natural parent's immediate family, shall not be considered to have a direct and tangible interest in the vital records of the adopted child.
V. A person who is not a member of the immediate family may be considered to have direct and tangible interest in the requested record in accordance with paragraph VI and VII.
VI. A claim of direct and tangible interest, as described in paragraph III made by an individual, an attorney, or an agent working on behalf of an attorney, shall be reviewed by either the state registrar or the clerk of the town or city. The claim shall include a letter from the requestor that describes and documents the claim of direct and tangible interest, including what record is required, why it is needed, and any other evidence the requestor wishes to submit to document the claim. The requestor also shall provide positive identification, such as a driver's license, passport, or other picture identification.
VII. A claim of direct and tangible interest submitted as in paragraph VI shall be approved if the claim is substantiated by the evidence submitted to the satisfaction of the state registrar or the clerk of the town or city, and access to the requested record shall be approved. If the claim is not substantiated by the evidence submitted to the satisfaction of the state registrar or the clerk of the town or city, then access shall be denied, and the requestor may appeal the registrar's or clerk's decision.
VIII. In order to obtain access to a vital record, an attorney or an agent working on behalf of an attorney shall identify himself or herself as a member of the legal profession by means of a business card, business stationery, or by similar means when he or she requests access to a record as the representative of his or her client, state in the request the name of the client, and submit evidence for the claim of direct and tangible interest.
IX. Law enforcement officials, court officials, and representatives of the office of the attorney general demonstrating a direct and tangible interest following procedures in paragraphs V-VIII shall obtain access to the requested record on a case-by-case basis. Certified copies of vital records shall be issued to these agencies by the division at no charge.
X. Reports of birth, death, or marriage events that happened out-of-state regarding one of New Hampshire's residents sent to the state registrar or a clerk of a town or city for statistical purposes shall not be available for public inspection or issued by the division or the clerk.
XI. When publishing information regarding vital record events for statistical purposes in city or town reports, the following procedure shall apply. A written request from a resident that a particular vital event be omitted from the city or town report shall always be granted. A written request from a resident registrant that a certain event be published in the city or town report, including the birth of a child to a unwed mother, shall be granted. Items included in a city or town report for birth shall be limited to: the child's name; the name of the father; the name of the mother; the place of birth; and, the date of birth. Items included in a city or town report for death shall be limited to: the name of deceased; the place of death; the name of the father; the maiden name of the mother; and the date of death. Items included in a city or town report for marriage shall be limited to: the groom's name and place of residence; the bride's name and place of residence; and the date of the marriage ceremony.
XI. When publishing information regarding vital record events for statistical purposes in city or town reports, the following procedure shall apply. A written request from a resident that a particular vital event be omitted from the city or town report shall always be granted. A written request from a resident registrant that a certain event be published in the city or town report, including the birth of a child to a unwed mother, shall be granted. Items included in a city or town report for birth shall be limited to: the child's name; the name of the father; the name of the mother; the place of birth; and, the date of birth. Items included in a city or town report for death shall be limited to: the name of deceased; the place of death; the name of the father; the maiden name of the mother; and the date of death. Items included in a city or town report for marriage shall be limited to: the marriage applicants' names and place of residence; and the date of the marriage ceremony.
XII. Events referenced in paragraph X may be included in the town's annual report unless otherwise requested pursuant to paragraph XI.
XIII. When a city or town clerk is requested to supply birth information for local school census purposes, such requests shall be referred to the state registrar and the data supplied shall be restricted to showing the number of resident births that occurred in the city or town and shall not show the names of any individuals.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2026, 296:12, eff. Sept. 8, 2026.
5-C:103 Release of Information to Federal or Other Agencies.
I. For statistical purposes, the state registrar shall, by written agreement, transmit copies of vital event records to offices of vital statistics outside of New Hampshire when such records relate to residents of those jurisdictions or persons who die in those jurisdictions.
II. The written agreement in paragraph I shall require that the copies transmitted be used for statistical and administrative purposes only and shall provide for the retention and disposition of such copies.
III. Copies received by the division from offices of vital statistics in other states shall be by written agreement and handled in the same manner as prescribed in this section.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. All requests for vital event records from persons representing the news media shall be made directly to the state registrar in writing, or reduced to writing by the division, and include specific information to identify the record under investigation as described in paragraph II.
II. Information from the news media that shall be required prior to release of information shall include the name of the registrant, the date and place of the event in question, and the type of vital record requested.
III. Media requests for cause of death information from a death certificate shall be made directly to the state registrar in writing, or reduced to writing by the division.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:105 Disclosure of Information to Genealogists.
I. (a) Birth records more than 100 years old and death, marriage, and divorce records more than 50 years old shall be considered part of the public domain.
(b) By April 1 of each year, the division shall release public domain records that became public during the previous calendar year.
II. A genealogist may be designated as an authorized representative by means of a written statement from the registrant or a member of the registrant's immediate family.
III. The written statement designating a genealogist as an authorized representative shall:
(a) Indicate whether the writer is the registrant or a member of the registrant's immediate family, in which case the relationship shall be specified.
(b) Indicate the specific record or records requested.
(c) Authorize the division to release the information as specified.
(d) Contain the signature of the authorizing party and be notarized.
IV. Certified copies of records as specified in paragraph I shall be issued on safety paper, when requested, according to the fees established by RSA 5-C:10.
Source. 2005, 268:1. 2008, 47:1, eff. May 12, 2008.
5-C:106 Requests for Public Records to Clerk of Towns and Cities.
I. Requests made to a clerk of a town or city for records as specified in RSA 5-C:105, I, contained in ledger books may be denied for any of the following reasons:
(a) The physical condition of the record, such as being too frail to be photocopied.
(b) The location of the record, such as the proximity of confidential records to the record to be accessed.
(c) The physical space and personnel available to assist the requestor.
II. In the case of a denial pursuant to paragraph I, the clerk of the town or city shall redact the record in order to fill the request.
III. In the case of a denial pursuant to subparagraph I(c), the clerk of the town or city shall provide the requestor with the date by which the clerk could provide the information.
IV. In the case of any denial under this section, the clerk of the town or city shall refer the request to the genealogical research facilities at the division.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. Records relative to adoptions shall be handled in accordance with RSA 5-C:33.
II. Access to non-certified copies of records involving paternity judgments, affidavits of paternity, legitimation, and change of sex which require the preparation of a new birth certificate shall be handled as provided by this paragraph. Any New Hampshire state agency shall be granted access when a specific legal authority is presented. The registrant and parents, legal guardians, or legal representatives of the registrant shall have access to the record, and any order from a court of competent jurisdiction requesting access shall be honored. To indicate that the document is a non-certified copy, a copy of the document shall be marked "informational copy only."
III. Hospital copies of birth certificate worksheets, fetal death reports, and death certificates shall be considered a vital event record subject to the disclosure requirements described in RSA 5-C:9 and this subdivision.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:108 Procedures for Requesting Vital Records Data for Health-Related Research.
Vital records data or copies of vital records that directly or indirectly identify individuals shall be made available for health-related research purposes upon receipt of a written application and approval of the state's vital records privacy board for health-related research pursuant to RSA 126:24-d.
Source. 2005, 268:1. 2010, 87:1, eff. July 24, 2010.
Statistics derived from vital records data shall be considered to be aggregate data if published by towns with a populations of or above 5500. Population estimates shall be derived from the most recent decennial census.
Source. 2005, 268:1, eff. Jan. 1, 2006.
The department shall make available a public use statistical file containing vital record information of all New Hampshire residents. The public use statistical file shall not contain any identifying personal information or information to constructively identify an individual.
Source. 2005, 268:1, eff. Jan. 1, 2006.
If aggrieved by any decision for denial of access to vital records documents under this chapter, an individual may request, within 30 days of the denial, an administrative due process hearing.
Source. 2005, 268:1, eff. Jan. 1, 2006.