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
I. "Advanced practice registered nurse" or "APRN"means a registered nurse currently licensed by the New Hampshire board of nursing under RSA 326-B:18.
I-a. "Ancestry" means the nationality, lineage, or country in which the person or his or her ancestors were born before their arrival in what is now the United States, and includes American Indians and native Alaskans, and reflects what the person considers himself or herself to be and is not based on percentages of ancestry.
II. "Attendant" means a person who is present during the process of delivering a child.
III. "Attending physician", "APRN", or "physician associate" means that physician, APRN, or physician associate if any, who treated the patient during his or her last sickness.
IV. "Certifier" means the person attesting to the facts of a vital record event.
V. "Certifying physician", "APRN", or "physician associate" means the physician, APRN, or physician associate who determines and indicates the cause of death.
VI. "City or town of residence" means:
(a) The geographic location where the registrant resides at the time a vital event occurred; or
(b) The mother's usual place of residing, in the case of births and fetal deaths.
VII. "Delayed certificate" means a certificate completed after the statutory time period.
VIII. "Department" means the department of state.
IX. "Director" or "registrar" means the director of vital records administration, who shall also be known as the registrar of vital records.
X. "Division" means the division of vital records administration, department of state.
XI. "Entombment" means temporary disposition of a body.
XII. "Fetal death" means the expulsion or extraction of a product of human conception having completed at least 20 weeks gestation or weighing at least 350 grams and resulting in other than a live birth that is not a purposeful interruption of an intrauterine pregnancy.
XIII. "Final disposition" means the burial, interment, cremation, removal from the state of New Hampshire, or other authorized disposition of a dead body or fetus pursuant to RSA 290:11, II.
XIV. "Foundling" means a live born infant of unknown parentage.
XV. "Immediate family" means:
(a) Persons who are related either by blood or marriage and includes the following: mother; father; son; daughter; brother; sister; husband; wife; grandfather; grandmother; grandson; granddaughter; great-grandchildren; step-parents; step-children; aunts; uncles; nephews; nieces; and
(b) In the case of divorce, legal separation, and civil annulment records, the person's former or separated spouse from a legal separation or a marriage ending in divorce or civil annulment.
XVI. "Institution" means any establishment, either public or private, which provides inpatient medical or surgical care, diagnostic care or treatment, nursing or domiciliary care.
XVII. "Legal representative" means an attorney, physician, funeral director or other representative, who through written authorization from the registrant is acting on behalf of the registrant or his or her family.
XVIII. "Legitimation" means the legal process of establishing the paternity of a child born out of wedlock or whose paternity is being disputed pursuant to RSA 5-C:24 and RSA 460:29.
XIX. "Live birth" means 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.
XX. "Marriage certificate" means the vital record document signed by a wedding officiant following the ceremony that is recorded and filed with the division.
XXI. "Marriage intentions" means an application made with the clerk of a town or city to obtain a marriage license.
XXII. "Marriage license" means the vital record document that is completed by the bride and groom and the clerk of the town or city showing that all legal requirements have been met and the couple is eligible to be married.
XXII. "Marriage license" means the vital record document that is completed by the marriage applicants and the clerk of the town or city showing that all legal requirements have been met and the couple is eligible to be married.
XXIII. "Medical certification" means the providing of the cause of death and other medically related facts or data as related to a death certificate.
XXIV. "Midwife" means a person who practices midwifery in the state of New Hampshire pursuant to RSA 326-D.
XXV. "Natural father" means the biological father of a child.
XXVI. "Next of kin" means "next of kin" as defined in RSA 290:16.
XXVII. "Nurse midwife" means a nurse licensed to practice in the state of New Hampshire and who is certified under the American College of Nurse-Midwives and registered with the New Hampshire Board of Nursing in accordance with RSA 326-B.
XXVIII. "Officiant" means a person with the legal authority to perform a marriage ceremony within the state of New Hampshire pursuant to RSA 457:31, RSA 457:31-a, RSA 457:32, and RSA 457:32-a.
XXIX. "Original informant" with regard to death records, means the individual who submitted the information to create the death registration.
XXIX-a. "Physician associate" means a person licensed as a physician associate under RSA 328-D.
XXX. "Physician" means a person licensed to practice medicine or osteopathy pursuant to RSA 329.
XXXI. "Pronouncing physician" means the physician who determines that the person is legally dead and who signs the death certificate certifying that the death has occurred at a specified time and date.
XXXII. "Pronouncing registered nurse" means the registered nurse attending at the last sickness who is authorized under the provisions of RSA 290:1-b to pronounce a person dead.
XXXIII. "Safety paper" means unique paper with anti-fraud features that is used by the division and clerks of towns and cities to issue certified copies of vital records.
XXXIV. "State registrar" means the director of the division who is the person appointed by the secretary of state pursuant to RSA 5-C:2 or the director of the division's designated staff.
XXXV. "3-party affidavit of paternity" means the voluntary acknowledgement of fatherhood by the natural father, the mother, and the mother's husband who is not the father, but was the mother's husband at the time of conception, during the pregnancy, or at the time of the child's birth.
XXXVI. "Vital event" means any of the following occurrences:
(a) Birth.
(b) Adoption.
(c) Death.
(d) Fetal death.
(e) Marriage.
(f) Divorce.
(g) Legal separation.
(h) Civil annulment.
XXXVII. "Vital record" means a certificate or report of a vital event.
XXXVIII. "Vital statistics" means the data derived from certificates and reports of vital events.
Source.Source. 2005, 268:1. 2006, 141:1. 2007, 215:1, 2. 2009, 54:4, 5, eff. July 21, 2009. 2015, 140:1, 2, eff. Jan. 1, 2016. 2025, 105:1, eff. June 17, 2025. 2026, 296:1, eff. Sept. 8, 2026.
5-C:2 Division of Vital Records Administration Established.
I. There is established within the department of state a division of vital records administration under the supervision of a director of vital records administration. The secretary of state, with the approval of the governor and council, shall appoint the director of vital records administration, who shall be known as the state registrar and who shall be an unclassified employee. The director of vital records administration shall be academically and technically qualified to hold the position. The director shall be a citizen of this state. The term of office for the state registrar shall be 4 years. Any vacancy shall be filled for the remainder of the unexpired term.
II. The salary of the state registrar shall be as specified in RSA 94:1-a and shall be determined in accordance with the procedure in RSA 94:1-d and RSA 14:14-c.
Source. 2005, 268:1. 2010, 122:1, eff. Aug. 8, 2010.
I. The New Hampshire constitution identifies the office of the secretary of state as the keeper of the records of the state.
II. The division shall:
(a) Provide access to vital records and vital records data while assuring the privacy of all New Hampshire citizens.
(b) Outline the confidentiality requirements for vital records.
(c) Set forth the procedures, conditions, and criteria for release of information regarding vital records data and statistics.
(d) Enforce the provisions of this chapter in regard to the collection, maintenance, and dissemination of vital records information.
(e) Provide guidance to data collectors pursuant to this chapter.
(f) Describe the informational requirements of the forms used by the division of vital records for the collection of vital records information.
(g) Establish, in conjunction with the department of health and human services, the procedures, conditions, and criteria for release of information regarding vital records data and statistics for health-related research pursuant to RSA 126:24-d.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:4 Registrar of Vital Records; Privacy; Duties.
I. The state registrar, under the supervision of the secretary of state, shall have charge of the vital records of the state and shall enforce the provisions of law in relation to them. The state registrar shall be responsible for the day-to-day operations of the division and shall plan and provide operational resources, as available, to establish and support a statewide vital records registration, issuance, and dissemination program.
II. In collecting information, prime consideration shall be given to the protection of the privacy of the individuals about whom information is given. In accordance with the provisions of this chapter, the secretary of state shall ensure that, when information is collected, the minimum of data shall be collected to accomplish a specific purpose, that no information shall be available to unauthorized personnel, that only the minimum be made available to authorized personnel, and that no information that could possibly adversely affect an identified individual be made public. The department of health and human services shall have access to vital records information in accordance with the provisions of RSA 126:24-c. The New Hampshire retirement system shall have access to a limited data set of vital records information in accordance with the provisions of RSA 100-A:14, XVI. The department of corrections shall have access to a limited set of vital records information in accordance with the provisions of RSA 21-H:8, XI-c.
III. The division is designated the vital statistics center for New Hampshire in accordance with section 306(e) of the Public Health Service Act, 42 U.S.C. section 242k(e). The division is authorized to collect, compile, coordinate, and disseminate all vital records information, while adhering to the privacy requirement of paragraph II. The division shall have the power to enter into contractual agreements to the end that costs related to the collection of information shall be defrayed for outside agencies to the extent that funds are available from any source for such purpose.
IV. The secretary of state shall compare information contained on each death record received by the division of vital records with information contained in the statewide centralized voter registration database and submit to the state registrar a list of every city or town that has a registered voter matching the decedent's information. Where there is not a full match of name, date of birth, and residence, the secretary of state shall provide information of partial matches for further review and confirmation by the town or city pursuant to paragraph V.
V. Upon receipt of a death record, the state registrar shall transmit notice of the death to the clerk of the city or town of residence of the decedent and to each city or town listed by the secretary of state for the decedent pursuant to paragraph IV.
Source. 2005, 268:1. 2010, 122:2, eff. Aug. 8, 2010. 2014, 30:1, eff. July 22, 2014. 2016, 270:2, eff. July 1, 2017. 2021, 54:1, eff. July 24, 2021; 137:1, eff. Sept. 21, 2021.
I. Forms and data fields maintained electronically shall include all facts contained on the national standard certificate forms developed by the National Center for Health Statistics, United States Department of Health and Human Services. As revisions to the National Center for Health Statistics standard certificates are made, the secretary of state shall incorporate into forms and data fields new facts contained on the standard certificates.
II. In addition to the secretary of state, any interested state agency or individual may request that additional data fields be added to any of the vital records statistical forms. Such requests shall be granted upon meeting the following minimum requirements:
(a) Any individual and any state agency, with the exception of the department of health and human services, shall provide a description of need for the additional data fields.
(b) Any individual and any state agency, with the exception of the department of health and human services, shall provide a business plan describing how the additional data fields will be used.
(c) All individuals and all state agencies shall demonstrate that they have adequate resources to pay for software changes to the secretary of state's automated data collection system including development, testing, training of users, maintenance, and replacement of statistical forms.
(d) All individuals and all state agencies shall provide assurances that any statistical form changes shall not adversely affect any of the data contracts that the secretary of state maintains.
III. The secretary of state shall not remove or add any data fields used for purposes of protecting the public health or to conduct health-related research without prior notice and agreement of the department of health and human services.
Source. 2005, 268:1, eff. Jan. 1, 2006.
The registrar shall have an official seal which shall be like the seal of the state except that the device thereon shall be surrounded by the words "New Hampshire Department of State, Registrar of Vital Records" in the place of the words "Seal of the State of New Hampshire, 1776."
Source. 2005, 268:1, eff. Jan. 1, 2006.
Every certificate or other official paper executed by the registrar under seal, in pursuance of authority conferred by law, shall be received as evidence, and may be recorded in the proper recording offices in the same manner and with like effect as a legally acknowledged deed; and copies of papers and records in his or her office, so authenticated, shall be received as evidence with the same effect as the originals.
Source. 2005, 268:1, eff. Jan. 1, 2006.
The registrar shall cause the returns made to him or her under this chapter and the returns of divorces made by the clerks of court to be arranged, alphabetical indexes of all the names contained in such returns to be made, and the whole to be bound in convenient volumes and preserved in his or her office. Records of births, marriages, deaths, and divorces shall be kept separately.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:9 Disclosure of Information From Vital Records.
In order to protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics, the registrar or the custodian of permanent local records shall not permit inspection of, or disclose information contained in vital statistics records, or copy or issue a copy of all or part of any such record unless he or she is satisfied that the applicant has a direct and tangible interest in such record.
I. Upon written application by an adult adoptee, who was born in this state and who has had an original birth certificate removed from vital statistics records due to an adoption, the registrar shall issue to such applicant a non-certified copy of the unaltered, original certificate of birth of the adoptee, with procedures, filing fees and waiting periods identical to those imposed upon non-adopted citizens of the state.
I-a. The registrar shall prescribe and, upon request, shall make available to each birth parent named on the original birth certificate, a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such a request, the registrar shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the registrar.
I-b. The contact preference form shall provide the birth parent with the following options from which the birth parent shall select one:
(a) I would like to be contacted. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(b) I would prefer to be contacted only through an intermediary. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
(c) I would prefer not to be contacted at this time. I have completed a contact preference form and an updated medical history form and am filing them with the registrar as set forth in this form.
I-c. When the registrar receives a complete contact preference form and a completed medical history form from a birth parent, the registrar shall match the contact preference form and the updated medical history form with the adoptee's sealed birth certificate. The contact preference form and the updated medical history form shall then be attached to the adoptee's sealed certificate.
I-d. Only a person authorized by the registrar to process an application made under paragraph I may process a contact preference form and an updated medical history form.
I-e. The applicant, a member of his or her immediate family, his or her guardian, or respective legal representatives shall be considered to have a direct and tangible interest for purposes of this section. Others may demonstrate a direct and tangible interest when information is needed for determination or protection of a personal or property right.
II. The term "legal representative" shall include an attorney, physician, funeral director, or other authorized agent acting in behalf of the applicant or his or her family.
III. Commercial firms or agencies requesting a listing of names and addresses shall not be considered to have a direct and tangible interest.
IV. Properly qualified members of the press, radio, television, and other news media shall be considered to have a direct and tangible interest in vital statistic records when the information requested by such media sources is of a public nature.
V. Disclosure of certain information and statistical data to federal, state, or local agencies and research for legitimate purposes other than requests for vital records information for the purposes of health-related research under RSA 126:24-c may be authorized by the registrar under RSA 5-C:102-111.
VI. The department of health and human services shall have a direct and tangible interest in vital records information in accordance with the provisions of RSA 126:24-c.
VII. Disclosure of voluntary acknowledgments and adjudication of paternity by judicial or administrative processes shall be released for the purposes of the state case registry pursuant to RSA 161-B:7.
VIII. The New Hampshire retirement system shall have a direct and tangible interest in a limited data set of death, marriage, and divorce information of members and beneficiaries for purposes of administering RSA 100-A, limited to name of registrant, date of birth, place of birth, social security number, date of vital event, place of vital event, marital status, and name of spouse. The secretary of state and the executive director of the New Hampshire retirement system shall enter into a memorandum of understanding for the purposes of delineating specific procedures for access to this limited data set.
IX. The department of corrections shall have a direct and tangible interest in a limited data set of death, marriage and divorce information of individuals they are charged with collection of fees and control and supervision by the department pursuant to RSA 21-H, RSA 504-A:12,VI, and RSA 504-A:13, limited to name of person, date of birth, social security number, date of vital event, place of vital event, cause of death, marital status, and name of spouse. The secretary of state and the commissioner of the department of corrections shall enter into a memorandum of understanding for the purposes of delineating specific procedures and protections for access to this limited data set.
X. The New Hampshire department of state, city clerks, town clerks, and supervisors of the checklist shall have a direct and tangible interest in a limited data set of birth, death, marriage, and divorce information of individuals registering to vote and maintaining voter records as provided in RSA 654:45, IV.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2014, 30:2, eff. July 22, 2014. 2021, 54:2, eff. July 24, 2021. 2025, 277:10, eff. Dec. 31, 2025.
5-C:10 Fees for Copies, Verifications and Amendments to Vital Records.
I. A town clerk or the registrar shall be paid in advance, by any person requesting any copy or verification as provided in RSA 5-C:9, the sum of $15 for making a search, which sum shall include payment for the issuance of such copy or verification, and $10 for each subsequent copy, provided that the fee to town clerks for examination of documents and issuance of a delayed birth certificate shall be $25.
II. The town clerk shall forward $8 of each search fee collected by the clerk under this section to the department of state for deposit in the vital records improvement fund established under RSA 5-C:15 and shall retain the remaining $7 as the clerk's fee for issuing such a copy. For subsequent copies issued at the same time, the town clerk shall forward $5 of the fee collected for each subsequent copy under this section to the department for deposit in the vital records improvement fund established under RSA 5-C:15 and shall retain the remaining $5 as the clerk's fee for issuing such a copy. The town clerk shall retain the $25 fee for a delayed birth certificate as the clerk's fee for examining documents and issuing the delayed birth certificate. Fees collected by the registrar shall be forwarded to the state treasurer for deposit into the vital records improvement fund established under RSA 5-C:15.
III. Any correction or amendment to a record of any birth, marriage, or death shall be made by the town clerk according to the procedures established in this chapter. The town clerk shall receive for amending or correcting any record the fee of $10 to be paid by the person making application for such an amendment or correction. The town clerk shall retain the fee collected under this paragraph for making such correction or amendment. Such fee shall be waived if the error was made by the town clerk.
Source. 2005, 268:1. 2010, Sp. Sess., 1:69, eff. June 10, 2010. 2013, 144:109, eff. July 1, 2013.
I. The registrar shall, upon request and payment of the fee, supply to any applicant having a direct and tangible interest as provided in RSA 5-C:9 and RSA 5-C:102, a decorative heirloom certificate of any birth or marriage registered with him or her.
II. The decorative heirloom certificate shall be of a distinctive design and shall include the seal of the registrar and an original signature.
III. The fee for each decorative heirloom certificate shall be $25. The registrar shall forward $15 of each fee collected to the state treasurer for deposit into the vital records improvement fund established under RSA 5-C:15.
Source. 2005, 268:1, eff. Jan. 1, 2006.
Certified copies, certificates of partial facts, verifications, or search of the records may be made for any federal, state, or local governmental agency by special arrangement without regard to the provisions of RSA 5-C:10.
Source. 2005, 268:1, eff. Jan. 1, 2006.
A certified copy issued by a town clerk of a record of a birth, marriage, or death, on file with the town clerk or division, shall be prima facie evidence of the fact, in any judicial proceeding.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. Any person having knowledge of and a direct and tangible interest in the facts shall furnish such information as he or she may possess regarding any birth, death, fetal death, marriage, or divorce upon demand of the registrar.
II. Any person shall be guilty of a class B felony if he or she:
(a) Willfully and knowingly makes any false statement in a certificate, record, or report required to be filed by statute or in an application for an amendment thereof or in an application for a certified copy of a vital record, or who willfully and knowingly supplies false information intending that such information be used in the preparation of any such report, record, or certificate, or amendment thereof; or
(b) Without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends, or mutilates any certificate, record, or report required to be filed by statute or a certified copy of such certificate, record, or report; or
(c) Willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy thereof so made, counterfeited, altered, amended, or mutilated; or
(d) With the intention to deceive willfully and knowingly obtains, possesses, uses, sells, furnishes, or attempts to obtain, possess, use, sell, or furnish to another any certificate of birth or certified copy of a certificate of birth knowing that such certificate or certified copy was issued upon a certificate which is false in whole or in part or which relates to the birth of another person, whether living or deceased; or
(e) Willfully and knowingly furnishes or processes a certificate of birth or certified copy of a certificate of birth with the knowledge or intention that it be used for the purposes of deception by a person other than the person to whom the certificate of birth relates; or
(f) Without lawful authority possesses any certificate, record, or report, required by statute or a copy or certified copy of such certificate, record, or report knowing same to have been stolen or otherwise unlawfully obtained.
III. Except as otherwise provided, any person shall be guilty of a misdemeanor if he or she willfully and knowingly transports or accepts for transportation, interment or other disposition of a dead body without an accompanying permit when required pursuant to RSA 290.
IV. Except as otherwise provided, any person shall be guilty of a violation if he or she:
(a) Willfully and knowingly refuses to provide information required by this chapter; or
(b) Willfully and knowingly neglects to comply with or intentionally violates any of the provisions of this section or refuses to perform any of the duties imposed upon him or her by this section.
V. When a live birth is reported to the division of vital records, subparagraph II(a) and paragraph IV shall apply only to the information on the mother's worksheet that is required for the birth certificate.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2023, 211:1, eff. Aug. 4, 2023.
There is hereby established a special fund for the improvement and automation of vital records at the state and local levels. The sole purpose of the fund shall be to provide revenues for the improvement of the registration, certification, preservation, and management of the state's vital records, and said money shall not be used for any other purpose. Moneys in the fund shall be allocated for software applications and development, preservation efforts, hardware, communications and technical support associated with these purposes. Said moneys shall not be used for rent or electricity expenses or for general clerical or administrative personnel of the division. The secretary of state shall allocate moneys in the fund with the assistance of the advisory committee established under RSA 5-C:16. The fund shall accrue interest and shall be nonlapsing and continually appropriated to the secretary of state.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. There is established an advisory committee to assist the secretary of state in administering the fund established under RSA 5-C:15. The advisory committee shall also determine the need for improvement and automation of the processing of vital records upon recommendations from representatives of the department, the New Hampshire City and Town Clerks' Association, and the department of information technology. The members of the committee shall be appointed as follows:
(a) Two town clerks, appointed by the New Hampshire City and Town Clerks' Association.
(b) Two city clerks, appointed by the New Hampshire City and Town Clerks' Association.
(c) A funeral director, appointed by the New Hampshire Funeral Directors' Association.
(d) A physician licensed under RSA 329 from the office of chief medical examiner, or designee.
(e) A public member, who shall have a direct interest in the registration of vital records, appointed by the department.
(f) The registrar of vital records, or designee.
(g) A health information specialist, appointed by the New Hampshire Hospital Association.
(h) The chief information officer, department of information technology, or designee.
(i) The state archivist, or designee.
(j) The commissioner of health and human services, or designee.
(k) A representative of a local city public health agency, appointed by the commissioner of health and human services.
(l) One vital records information user, who shall have a direct interest in the use and dissemination of vital records information, appointed by the commissioner of health and human services.
(m) The secretary of state, or designee.
II. The members of the committee shall choose a chairperson by majority vote. The chairperson shall serve for a term of one year, but may be confirmed by majority vote for as long as the chairperson remains a member. Members of the advisory committee shall serve 2-year terms and no member shall serve more than 2 consecutive terms. The city and town clerk members shall serve staggered terms and initially one town clerk and one city clerk shall serve for 2 years and one town clerk and one city clerk shall serve for 3 years.
Source. 2005, 268:1. 2006, 141:2. 2008, 335:5, eff. Sept. 5, 2008.
The department shall file a financial report for the vital records improvement fund for the preceding quarter showing the summary of receipts and expenditures, according to the uniform classifications.
Source. 2005, 268:1, eff. Jan. 1, 2006.
The department shall prepare and file a report on the uses of the vital records improvement fund and shall submit the report to the vital records improvement advisory committee no later than December 31 of each year. The report shall contain the following:
I. The gross revenue received by the fund.
II. A summary of receipts and expenditures, according to uniform classifications.
III. Accomplishments achieved pursuant to RSA 5-C during the preceding fiscal year.
IV. An outline of the projects and programs to be conducted in the ensuing fiscal year with proceeds from the funds.
V. Any recommendations for additional legislation, and other relevant matters.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:19 Completion of Birth Worksheet for Hospital or Institutional Births.
I. A hospital, institution, birthing center, attendant, or parent shall file with the division a birth record for each live birth which occurs in the state of New Hampshire.
II. In the case of a hospital or institution live birth, a completed birth worksheet shall include the following, provided by personnel as indicated:
(a) The hospital or institution birth registrar or designee shall provide:
(1) Information regarding the child, including name, date and time of birth, and sex.
(2) Information regarding the facility, including name, street address, city or town, and county.
(3) Information regarding the mother including:
(A) Current name and name prior to first marriage or civil union.
(B) Date of birth and birthplace.
(C) City or town, county, and state of residence.
(D) Residential address and complete mailing address if different from the residential address, or, if the same as the residential address, her zip code only.
(E) Social security number.
(F) Usual occupation and the business or industry in which employed.
(G) Race.
(H) Level of education.
(I) Whether she was married at the time of the birth of child, or conception of child, or any time between.
(4) Information regarding the father including:
(A) Name.
(B) Date of birth and birthplace.
(C) City or town, county, and state of residence.
(D) Residential address and complete mailing address if different from the residential address, or, if the same as the residential address, his zip code only.
(E) Social security number.
(F) Usual occupation and the business or industry in which employed.
(G) Race.
(H) Level of education.
(5) The method of payment for prenatal care and for delivery.
(6) Statistical information from the mother, medical reports, and her physician regarding the mother and child including:
(A) Number of live births, not including this child, now living and now dead.
(B) Date of the last live birth.
(C) Other terminations of pregnancy, any time after conception.
(D) Date of the last other termination of pregnancy.
(E) Date last normal menses began.
(F) Month that prenatal care began.
(G) Total number of prenatal visits.
(H) Birth weight of the child.
(I) Clinical estimation of gestation in weeks.
(J) Plurality of the child, including but not limited to single, twin, or triplet.
(K) Birth order of the child.
(L) The Apgar score, which is an evaluation of a newborn infant's physical status, at one minute, at 5 minutes, and at 10 minutes.
(7) If the mother is transferred to another facility before or after giving birth, transfer information for the mother and child including:
(A) Whether the mother was transferred prior to delivery or after delivery.
(B) Whether the infant was transferred after delivery.
(C) Whether the child was living or dead at the time of the report.
(8) Information regarding the medical aspects of the pregnancy including:
(A) Any medical risk factors for the pregnancy.
(B) Any other risk factors for the pregnancy.
(C) Any obstetric procedures performed during the course of the pregnancy.
(D) Any complications of labor and delivery.
(E) The method of delivery.
(F) Any abnormal conditions of the newborn.
(G) Any congenital anomalies of the child.
(9) Indication from one parent whether the division shall be authorized to provide the Social Security Administration with data from the birth record in order for the Social Security Administration to issue a social security number.
(10) Indication from one parent whether the division shall be authorized to release birth record information to the New Hampshire immunization registry.
(11) Signature of the individual who interviewed the parent or other informant certifying that the information has been recorded exactly as given by the parent or other informant or has been taken from medical records.
(b) A parent or other informant shall provide his or her signature certifying that the information supplied is a true and correct representation of the facts to the best of his or her knowledge; the date signed; and the informant's relationship to the child.
III. A physician member of the institution's obstetrics team or service, the chief of obstetrics, the chief of the medical staff or the hospital administrator shall, within 72 hours of the birth, certify that the child was born alive at the place and time and the date stated by providing:
(a) His or her signature as certifier.
(b) The date signed.
(c) His or her name and title.
(d) The name and title of the attendant if other than the certifier.
(e) The attendant's mailing address.
IV. The birth worksheet shall not be signed by a parent or informant until the child has been given a name or the mother is being discharged from the hospital, whichever is sooner.
V. When both a physician and a nurse midwife are present at a hospital birth, the physician shall sign the birth worksheet and be named as the certifier, and the name of the nurse midwife shall be entered as the attendant at birth.
VI. When a physician is not present and a nurse midwife is present at a hospital birth, the nurse midwife shall sign the birth worksheet and be named as the certifier.
VII. Any item of information not obtainable shall be indicated as: "not known" when the information is not known; "not available" when the information is known but not immediately available; or "refused to provide" when the parent or informant refuses to provide the information.
VIII. In the case of an unwed mother, unless an affidavit of paternity has been executed, the notation "not stated" shall be entered in the spaces provided for information concerning the father.
IX. When a child is born in a moving conveyance, the city or town of birth shall be that city or town where the child was first removed from said conveyance.
X. When a married mother refuses to give information concerning her husband as father of the child, the hospital shall enter "not stated" on the birth record for all information pertaining to the father of the child.
XI. For a birth which occurred in a hospital or institution, the hospital or institution birth registrar or designee shall initially record information for the birth record on the birth worksheet and permanently retain the birth worksheet in the mother's medical record files at the hospital.
XII. (a) When the division of vital records administration releases information on a birth to the Centers for Disease Control (CDC), it shall not include:
(1) The names of the mother, father, or baby;
(2) The birth month and day of the mother or father;
(3) Their medical record numbers; or
(4) Their residential address, mailing address if different from the residential address, or zip code.
(b) Notwithstanding subparagraph (a)(2), the division may release the mother and father's birth year and the baby's birth date to the CDC.
Source. 2005, 268:1, eff. Jan. 1, 2006. 2025, 118:1-3, eff. June 30, 2026.
5-C:20 Completion of the Birth Worksheet for Non-Hospital Births.
I. If a child is born in New Hampshire at home or some place other than a facility that regularly prepares birth records and is brought to a New Hampshire hospital or birthing center with the mother within 24 hours of birth, the hospital or birthing center shall complete the birth record in accordance with RSA 5-C:19 except that the place of birth shall be entered as the city or town of the actual birth; the physician who attends the mother in the hospital shall be entered as the physician who attended the mother in the hospital or birthing center; and the certifying physician signature section shall be signed by the physician who attended the mother in the facility.
II. Birthing centers shall complete birth records for children born in their facilities in accordance with the reporting requirements for hospital and institution live births as provided in RSA 5-C:19.
III. In the case of a home birth, the record shall be completed as follows:
(a) If attended by a physician, midwife, or nurse midwife, then the physician, midwife or nurse midwife shall report the birth of the child to the division or to the registrar in the town where the birth occurred within one week of the birth. The physician, midwife or nurse midwife shall, within 2 weeks of the birth, complete the birth worksheet by completing the medical and statistical sections in accordance with RSA 5-C:19 by entering his or her name and title as the attendant; by signing the worksheet as the attendant; by providing his or her mailing address; and, by giving the signed worksheet to the parent to bring to the clerk of the town or city where the birth occurred. The clerk of the town or city shall report to the division by the next working day any home birth that takes place within his or her jurisdiction if such an occurrence is brought to his or her attention and, the division shall notify the appropriate clerk of the town or city of any home birth reported directly to the division.
(b) If a home birth is not attended by a physician or midwife, then the parent shall report the birth of the child to the division or to the registrar in the town where the birth occurred within one week of the birth. The clerk of the town or city shall report to the division by the next working day any home birth that takes place within his or her jurisdiction if such an occurrence is brought to his or her attention. The division shall notify the appropriate clerk of the town or city of any home birth reported directly to the division. Upon notice of a home birth, the clerk of the town or city shall prepare the birth worksheet completing as many items as possible, including the name and address of a birth attendant if a parent, friend, ambulance attendant, or other person attended the birth; sign the birth worksheet as certifier; and, if any of the original information on the worksheet was changed by a parent before presentation to the clerk of the town or city, the parent shall initial such changes and note the reason for the change in the margin of the birth worksheet. When a home birth occurs in the state of New Hampshire and the mother is taken with her child to a hospital outside the state, such a birth shall be registered by the division notifying the appropriate clerk of the town or city of any home birth reported directly to the division.
IV. If a birth occurs in an unincorporated town or a geographical area where there is no clerk of the town, the birth record shall be filed with the nearest clerk of a town or city or the state registrar. The actual place of birth shall be shown on the birth record along with a notation stating why the birth record was filed in a city or town other than that of the birth occurrence.
V. In the case where the mother has refused to provide the name of her husband, and at a later date she provides the name of her husband to the clerk of the town or city or the division, the mother shall also provide to the clerk of the town or city the documentation necessary to process a correction to the birth record pursuant to RSA 5-C:85. When reviewed pursuant to RSA 5-C:85, the clerk of the town or city shall add the name of the husband to the birth record.
VI. Whenever the marital status on the birth record is disputed by the mother, she shall provide to the division a medical opinion in writing concerning the estimated date of conception in relation to the date of the divorce and a certified copy of the divorce decree to establish the exact date of divorce. The state registrar shall review the information provided and make the determination of marital status for the birth record. If the mother disputes the determination of the state registrar the mother may request an administrative hearing within 30 days of the registrar's decision.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. The hospital or institution birth registrar shall forward a completed birth record to the division and clerk of the town or city no later than 6 days from the date of birth, and provide to the parents upon discharge from the hospital or institution an exact copy of the information that will appear on the official birth record of the newborn child. If the mother has signed release papers for adoption, the hospital or institution birth registrar shall make the notation "Adoption Pending" on the face of the parent's notice, and forward the parent notice to the division instead of giving it to the mother.
II. Hospital and institution birth registrars shall not issue any document resembling a birth certificate or which appears to be an official birth record.
III. The clerk of the town or city where the birth occurred shall review the information on the parent notice presented by the parent, and, if the information is confirmed by the parent, the clerk shall issue a certified copy of the birth certificate to the parent after receipt of payment pursuant to RSA 5-C:10. If the parent states that the information is incorrect, the clerk shall follow the correction procedures in RSA 5-C:85. In the case of a home birth, the clerk shall forward a copy of the completed birth record with the birth worksheet to the division within 2 business days of its completion; mail the parent notice to the parent or personally present it to the parent; and exchange the parent notice for a certified copy after payment of the fee required by RSA 5-C:10.
IV. The division shall provide the following to the city or town of residence of the mother:
(a) The child's name.
(b) The child's date of birth.
(c) The child's place of birth.
(d) The father's name.
(e) The mother's name.
(f) The state file number, which is a unique, sequential identifying number assigned by the division.
V. If corrections of misspellings or typographical errors are required, the clerk of the city or town where the birth occurred shall forward a notice of changes to the division and issue a certified copy of the birth record, as amended, to the parents.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. Unless the legitimation is by court order, each parent shall complete a legitimation of child form with the following:
(a) Information regarding the child, mother, and natural father, including: the name of the child as originally recorded; date and place of birth; maiden name of the natural mother; mother's social security number; mother's city or town of residence; full name of the child, full name of the natural father; date of birth of the natural father; state or foreign country of birth of the natural father; natural father's social security number; and current mailing address of the parents.
(b) The signature of the natural father and the mother.
(c) The city or town and county where the affidavit was signed.
(d) The signature of the notary public or justice of the peace with the expiration date of commission, the date signed, and sealed if applicable.
(e) Indication as to whether the certificate of marriage was presented to the clerk of the town or city.
(f) The date received by the clerk of the town or city.
(g) The date the new record was made.
(h) The signature and city or town of the clerk.
II. When the mother or natural father or both are under the age of 18, each signature shall be accompanied by the notarized signature of a parent or guardian unless the legitimation is by court order.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. An application for filing an amended birth record in the case of a legitimation shall be made by a parent on a legitimation of child form pursuant to RSA 5-C:22 and submitted to the clerk of the city or town where the birth occurred.
II. Upon receipt of a legitimation of child form and a certified copy of the parent's marriage record, or in accordance with procedures outlined in RSA 457:42 and RSA 460:29, the clerk of the city or town where the birth occurred shall prepare an amended birth record.
III. The following procedures shall be followed if a legitimation case is settled by the court pursuant to RSA 460:29:
(a) A certified copy of the court order shall be presented by the parents to the clerk of the city or town where the birth occurred.
(b) The legitimation form shall be prepared pursuant to RSA 5-C:22 and filed by the clerk of the city or town with a notation on the form indicating that the court order has been the basis of the action under RSA 460:29.
(c) The birth record shall then be processed as specified in RSA 5-C:87, and amended by adding information to the record concerning the father.
IV. The clerk of the city or town shall prepare the amended birth record in accordance with RSA 5-C:89, adding the information concerning the father.
V. The court order and the legitimation of child form shall be retained permanently by the clerk of the city or town on the form appropriate for the year of birth pursuant to RSA 5-C:86.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. In the case of a child born in the state of New Hampshire whose paternity has not been established by means of an affidavit of paternity, the mother or the natural father may initiate a request for an acknowledgment of paternity.
II. The affidavit of paternity shall be completed and filed in accordance with RSA 5-C:25.
III. A hospital shall attempt to have the affidavit of paternity completed in the hospital, but if an affidavit is not completed before the birth record is sent to the division and the paternity is not yet established, then the phrase "not stated" shall be inserted for the father's name.
IV. If the affidavit of paternity is not completed in the hospital, the mother and natural father shall contact the clerk of the town or city to execute the affidavit of paternity.
V. The natural father's name, date of birth, and state of birth shall be added to the birth record by the clerk of the town or city upon the registrar's receipt of a sworn, notarized affidavit of paternity.
VI. A copy of the completed affidavit of paternity shall be forwarded by the hospital to the department of health and human services, division of child support services and the original to the division.
VII. If the mother or natural father is not of legal age, then each signature on the affidavit of paternity form of a person under the age of 18 shall be accompanied by the signature of his or her parent or legal guardian.
VIII. When an affidavit of paternity is executed after the death of a child, a notation shall be made on the affidavit indicating that the child is deceased and that the changes authorized on the birth record are also applicable to the death record.
IX. When the married mother of a child born in a hospital indicates that her husband is not the natural father of the child but because of time constraints a 3-party affidavit of paternity cannot be executed before she leaves the hospital, the surname of the child shall be any name chosen by the mother and the hospital shall enter "not stated" on the birth record for all information pertaining to the father of the child. The mother, natural father, and husband shall subsequently sign a 3-party affidavit of paternity form, with each signature notarized, and submit it to the clerk of the city or town where the birth occurred. Upon receipt of the signed and notarized 3-party affidavit of paternity, the clerk shall create a new birth record for the child, reflecting the new name of the child as well as the natural father's information. The natural father may sign the affidavit before the birth of the child has occurred, but the mother's signature shall not be affixed to the affidavit form until after the birth of the child.
X. When an unwed mother applies to the clerk of a town or city wishing to add the name of a father to her child's birth record the following shall apply: the affidavit of paternity shall be executed prior to the child's 18th birthday; the natural father to be named shall personally sign the affidavit; if signed separately, each signature shall be separately notarized; in those cases where the alleged natural father is deceased, the mother shall present her request in the form of petition to a court of competent jurisdiction; and, if the court approves the request, the resulting court order shall be processed by the clerk of the town or city in the same manner as a court determination of paternity and in accordance with RSA 5-C:26.
XI. Once the surname of the child has been established through an executed affidavit of paternity, any subsequent change shall be made upon receipt of a certified copy of a legal change of name issued by a court of competent jurisdiction.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:25 Informational Requirements for an Affidavit of Paternity.
I. Parents shall include the following information when completing an affidavit of paternity:
(a) Information about the child including: the child's first, middle, and last names; the child's city or town and state of birth; the child's date of birth; the child's name as it appears on the birth record; the child's social security number, if known; whether the child is living; and, the child's date and place of death, if applicable.
(b) Information about, and signature of, the child's natural father, including: the natural father's full name and date of birth; the natural father's state of birth; the natural father's social security number; the natural father's address; and, the natural father's signature and date signed, unless the natural father is a minor in which case his parent or guardian's signature shall be obtained and the date signed.
(c) Information about, and signature of, the child's mother, including: the mother's maiden name; the mother's social security number; the mother's address; if the mother is a minor, her parent or guardian's signature; and, the mother's signature and date signed, unless the mother is a minor, in which case her parent or guardian's signature shall be obtained and the date signed.
(d) When the mother's husband agrees that he is not the child's natural father, the following information, and signature of, the mother's husband, including: the husband's name; the husband's social security number; the husband's address; and the husband's signature and date signed, unless the husband is a minor in which case his parent or guardian's signature shall be obtained and the date signed.
(e) The signatures of the child's natural father, mother, and, if he is not the child's father, her husband, shall be notarized and shall include the date signed and the date the notary's commission expires.
(f) Certification of hospital or birthing center, including the name and signature of the preparer and date signed, and the name and the address of the hospital or birthing facility.
II. In the case of a home birth, the midwife or attendant shall refer the mother to the clerk of the town or city to complete the affidavit of paternity.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:26 Preparation of New Birth Record Following Paternity Determination.
I. Upon receipt of a certified copy of a court order regarding the paternity of a child born in New Hampshire, the clerk of the city or town where the birth occurred shall prepare a new birth record.
II. Acceptable documentation for preparing a new birth record shall include a certified court order that clearly states that the birth record shall be changed to reflect paternity or a photocopy of that court order and a letter from the division of child support services indicating that a paternity hearing has been initiated by that division.
III. The clerk of the town or city shall prepare the new birth record, retain its originally assigned file number, send the copy marked "state" to the division; and retain the copy marked "clerk."
IV. Upon receipt of the completed affidavit of paternity by the clerk of the city or town, the information concerning the father shall be added to the birth record, or in the case of an affidavit of paternity submitted after the filing of the birth record, a new record shall be completed by the clerk of the town or city and forwarded to the division in accordance with this section and RSA 5-C:21.
V. The surname of the child shall be recorded as shown on the affidavit of paternity and in accordance with RSA 5-C:24. If the mother is unwed, the surname given to the child shall be any name chosen by the mother and father. If the mother is married and a 3-party affidavit of paternity is being utilized, the surname of the child shall be any name chosen by the mother.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. A parent or legal guardian who is a signatory to the affidavit of paternity shall provide information to complete a rescission of paternity form as follows:
(a) Information about the child, including the child's first, middle, and last names as they appear on the birth record, the child's date of birth, the city or town of birth, the child's social security number, if known, and the child's sex.
(b) Information about the child's father and mother, and the mother's husband if a 3-party affidavit of paternity was completed, including the father's full name, the father's date of birth, the father's mailing address, the mother's full name, the mother's mailing address, whether a completed 3-party affidavit of paternity was submitted and, if a 3-party affidavit was filed, the husband's full name and mailing address.
(c) The rescinder's signature and date.
II. The form shall be attested to by a notary public or justice of the peace. The city or town clerk shall sign and date the form.
Source. 2005, 268:1, eff. Jan. 1, 2006.
I. A parent or legal guardian may request to rescind an affidavit of paternity from the clerk of the city or town where the birth occurred within 60 days of the filing of an affidavit of paternity unless an administrative or judicial proceeding related to the child results in an earlier date.
II. Once the completed rescission of paternity form is filed, the clerk of the town or city shall remove the name of the father from the birth record and insert "not stated" in the space provided for the father's name or, if the original birth record was filed prior to the completion of an affidavit of paternity, change the child's name on the birth record back to the name stated on the original record before the affidavit of paternity was filed.
III. After the 60-day rescission period has passed, any challenge to the affidavit shall be decided only by a court of competent jurisdiction.
IV. The fee for changing the birth record due to a rescission of paternity shall be in accordance with RSA 5-C:10.
V. The clerk of the city or town where the birth occurred shall distribute the rescission of paternity to the birth mother; the father named on the affidavit of paternity; the parent or legal guardian of minor signatory as stated on the affidavit of paternity; the division; the department of health and human services; the husband, if a 3-party affidavit of paternity was completed; and, the hospital that was the originator of the affidavit of paternity, if applicable.
Source. 2005, 268:1, eff. Jan. 1, 2006.
When it is known that a child has been born to a surrogate mother and it is intended that the child be adopted after birth by the natural father's wife, the preparation of the initial birth record shall be governed by the following:
I. If the surrogate mother is a married woman, a 3-party affidavit of paternity shall be prepared with the natural father shown as the child's father.
II. If the surrogate mother is not married, an affidavit of paternity shall be prepared with the natural father shown as the child's father; and only after an affidavit of paternity has been executed shall the name of the natural father appear on the birth record.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:30 Birth Resulting From Artificial Insemination.
I. When it is known that the birth of a child is the result of artificial insemination of sperm from a person who is not the mother's husband, the male parentage shall be indicated on the birth record as follows:
(a) If the mother is married, the husband's name shall be listed as the father of the child.
(b) If the mother is unwed, an affidavit of paternity shall be executed when the donor of the sperm can be identified and is willing to be identified on the birth record or, otherwise, the phrase "not stated" shall be entered for the father's name.
II. In the case where the birth of a child is the result of artificial insemination of a surrogate mother, the preparation of the birth record shall be governed by the procedures in RSA 5-C:29.
Source. 2005, 268:1, eff. Jan. 1, 2006.
All information on an adoption shall be completed on a form prescribed by the division, in accordance with RSA 170-B:22. A parent or the court shall provide the following information in order to complete the form:
I. The child's information taken from a certified copy of the adoptee's original birth record, including the name of the child; the child's date and place of birth; the child's sex; the child's race; and the child's ancestry.
II. Facts about the child's birth, including:
(a) Whether there are siblings in substitute care, indicated as yes or no.
(b) Whether there are members of the sibling group adopted together, indicated as yes or no.
(c) Whether the child had a previous adoptive placement, indicated as yes or no.
(d) Whether the child is considered by the court to have special needs, such as a developmental or intellectual disability, learning disabilities, or a medical condition, indicated as yes or no.
(e) The date of adoptive placement.
(f) Sponsorship of adoption indicated as public, private or tribal, agency, independent person or other.
(g) Location of any sponsor of the adoption.
III. The natural father's information, including his full name if stated on the original birth record; his date of birth; his race and ancestry; his marital status; and whether his parental rights were terminated.
IV. The birth mother's information, including her full maiden name; her date of birth; her race and ancestry; her marital status at birth of child; and whether her parental rights were terminated.
V. Information from both adoptive parents, if a couple is adopting, or one parent in the case where one parent is adopting, including his or her full name; date and state of birth; race and ancestry; marital status; residence at the time of the child's birth; and any prior relationship with the child.
VI. The names as they shall appear on the new birth record, including the adoptive parents' names, and the adoptee's name.
VII. The current mailing address and signature of the adoptive parent or parents.
VIII. The probate court information, including the date of the adoption decree; the name, county and state of the court and the name of the judge or justice presiding; the volume, page, and record number of the probate court filing; the signature and seal of the court and date signed; and the name of the city or town of birth and the date the report was sent by the probate court to the clerk of the town or city of birth occurrence, the department of health and human services, and the division.
IX. The city or town clerk information, including the date received by the clerk of the town or city of birth occurrence; the date the new birth record was made; the signature of the clerk of the town or city; and the city or town of the clerk.
Source. 2005, 268:1. 2006, 141:3. 2008, 52:1, eff. July 11, 2008.
I. Adoptions shall be recorded pursuant to this section and RSA 170-B:22.
II. In accordance with the reporting requirements cited in RSA 170-B:22, the clerk of the county probate court shall send a completed adoption form, as referenced in RSA 5-C:31, for each child adopted in the state of New Hampshire to the division within 7 days after the final decree is filed.
III. Upon receipt of a notice of adoption from the probate court, the clerk of the town or city of birth occurrence shall immediately process a new birth record and, within 2 weeks, forward a copy to the division.
IV. Upon receipt by the division of a notice of adoption in New Hampshire for a child born out-of-state the division shall send notice of the adoption to the vital records agency of the state of birth so that the birth record in that state can be amended and, if the adoption notice received by the division contains inaccurate or missing information, the state registrar shall return the notice to the court issuing the adoption decree via the applicable state's vital records agency asking for necessary corrections.
V. Upon the receipt of a notice of an out-of-state adoption of a child born in the state of New Hampshire, the division shall send notice of the adoption to the clerk of the town or city of birth occurrence. When the clerk receives the above notice, he or she shall follow the procedure outlined in RSA 5-C:33 for amending the birth record. When out-of-state adoptions are being processed, if the information provided to the clerk of birth occurrence does not contain sufficient information needed to complete the amended birth record pursuant to RSA 5-C:33, the clerk shall request the information from the adoptive parents. If a response has not been received within 30 days from the date of the request, the amended record shall be prepared and "not available" shall be entered for information that has not been provided. When a clerk of a town or city receives an adoption notice from a New Hampshire court that contains inaccurate or missing information, the adoption notice shall be returned to the New Hampshire court with a letter asking the court to resolve the question involved.
VI. In the case of a private adoption, when requested by a court of competent jurisdiction, the division shall issue a copy of the original birth certificate.
Source. 2005, 268:1. 2006, 141:4. 2011, 88:20, eff. July 1, 2011.
5-C:33 Procedure for Amending the Birth Record Following Adoption.
I. When the clerk of the town or city of birth occurrence receives a notice of adoption, a new birth record shall be prepared as specified in RSA 5-C:31.
II. The new birth record shall be substituted immediately for the original birth record by the clerk of the town or city.
III. The original birth record and the notice of adoption shall not be subject to inspection except pursuant to RSA 5-C:9 or upon order of a court of competent jurisdiction pursuant to RSA 170-B:23.
IV. The actual place and date of birth shall be shown on the new birth record.
V. If no original birth record is on file for the adoptee the clerk of the town or city shall prepare a new birth record.
VI. If the date and place of birth have not been determined in the adoption proceedings, a delayed certificate of birth shall be filed with the state registrar as provided in RSA 5-C:38 through RSA 5-C:40 before a new certificate of birth is prepared and, if the required evidence cannot be obtained that would justify the creation of a delayed certificate of birth, the registrar shall authorize the preparation of a birth certificate for the adoptee using court records as the authority for approval.
VII. In the case of a single parent adoption, the information concerning the other parent shall be listed as "not stated."
VIII. In the case of an adopting parent whose spouse is deceased, upon written request of the adopting parent, the clerk of the town or city shall include the information about the husband when his date of death is not more than 9 months prior to the adoptee's birth and information on the wife shall be included when her date of death is after the adoptee's date of birth.
IX. When a new birth record following an adoption is prepared by the clerk of the town or city of birth occurrence, no copy of the original birth certificate in the state of New Hampshire shall be disclosed except pursuant to RSA 5-C:9.
X. When the adoption concerns a child who had been born at home, the clerk of the town or city of birth occurrence shall minimize disclosure of information that would provide a possible connection with the natural mother by recording only the city or town of birth and not the street address on the new birth record; and, if the name of the natural mother is shown on the original birth record as the certifier, informant or attendant, replacing it with the adoptive mother's name on the new birth record.
XI. When it has been determined by the division that an adoption had previously been decreed by an authorized court, including out-of-state courts, but the amended birth record had not been prepared at the time of the adoption, then the clerk of the city or town of birth occurrence shall immediately prepare a new birth record and the division shall contact the court that authorized the adoption and ask that a certified copy of the adoption decree be prepared and transmitted to the city or town of birth with a copy sent to the division.
XII. Upon receipt of a report of decree of annulment of adoption, the clerk of the town or city of birth occurrence shall replace the amended birth record with the original. The previous amended birth record and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction pursuant to RSA 170-B:23.
Source. 2005, 268:1. 2006, 141:5, 6, eff. July 21, 2006.
5-C:34 Application for Certificate of Foreign Birth.
I. The registrar shall establish a New Hampshire certificate of foreign birth for a person born in a foreign country and for whom a final decree of adoption has been issued by a court of competent jurisdiction in New Hampshire. This certificate of foreign birth shall be established and registered and a certified copy of such certificate issued when the registrar receives a request and a fee of $25 from the adoptive parents or adopted person over 18 years of age for such a certificate and a report of the adoption as provided in RSA 170-B:22. Funds paid to the registrar shall be forwarded to the state treasurer for deposit into the vital records improvement fund established under RSA 5-C:15.
II. A completed application for certificate of foreign birth shall include:
(a) The county of the probate court involved.
(b) The name of the child prior to adoption.
(c) The names of the adoptive parents.
(d) The date the adoption was approved by the probate court.
(e) The full name of the child after adoption.
(f) The sex of the child.
(g) The child's date of birth.
(h) The city or town, the state or local equivalent and the country of the child's place of birth.
(i) The child's alien registration card number.
(j) Information from both adoptive parents, if a couple is adopting, or one parent in the case where one parent is adopting, including each parent's full name, including the full maiden name of the adoptive mother, if applicable; each parent's date and place of birth; each parent's residence address; each parent's signature or the signature of the child's legal guardian or legal representative if a minor; and the date signed.
(k) The signature of a justice of the peace, or the signature and seal of a notary public.
III. The applicant shall attach the following documents to the completed application for a certificate of foreign birth:
(a) A report of adoption as required by RSA 170-B:22.
(b) A certified copy of the original adoption decree.
(c) The child's alien registration card.
(d) The documents used to establish the date and place of birth, such as an English translation of the original birth certificate, a copy of an adoption report from the adoption agency, or any report issued by the government of the country of birth describing facts known regarding the origin of the child.
(e) Cash or a check made payable to "The State of New Hampshire," in the amount specified in paragraph I.
Source. 2005, 268:1. 2006, 141:7, 8, eff. July 21, 2006.
I. Upon receipt of a completed application for certificate of foreign birth, the division shall prepare a certificate of foreign birth for the foreign born child pursuant to RSA 5-C:34.
II. A certificate of foreign birth shall include:
(a) A unique file locating number assigned by the division.
(b) The full name of the child after adoption.
(c) The sex of the child.
(d) The date and place of the child's birth, actual or probable.
(e) The full name of the adoptive parent, including maiden name if appropriate, and his or her dates and places of birth.
(f) The residence address of the adoptive parent.
(g) The county of probate court.
(h) The date of the adoption decree.
(i) The signature of the state registrar and the date the record was filed.
III. When a New Hampshire certificate of foreign birth is prepared it shall be on file only at the division.
IV. The birth certificate established according to this section shall show the true or probable foreign country of birth, and shall state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents.
V. The registrar shall not establish a New Hampshire certificate of birth if the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older requests that the certificate not be established.
VI. Any birth certificate established under this section shall not be deemed a record within the meaning of RSA 170-B:23, II.
Source. 2005, 268:1. 2006, 141:9, eff. July 21, 2006.
The department of health and human services shall record the following information for a "foundling," which shall mean an infant of unknown parentage: the name given to the child, if available; the date and place of filing; the child's sex; the approximate birth date of the child; the signature and title of the custodian; the name and address of the person or institution with whom the child has been placed for care by the department of health and human services; other available data regarding the physical condition of the child, as determined by approximation, in accordance with RSA 5-C:19; the notation "foundling;" the city or town where the child was found, which shall be entered as the place of birth; and parentage data, which shall be shown as "unknown."
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:37 Preparation of the Birth Record of a Foundling.
Whoever assumes the custody of a foundling shall report such within 6 days to the clerk of the custodian's city or town of residence. The clerk of the town or city shall assist in the completion of the birth record of a foundling, pursuant to RSA 5-C:36, and file the completed birth record with the division.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:38 Application for Delayed Certificate of Birth.
I. When a birth record of a living person in the state of New Hampshire has not been filed within 6 months of birth, or 12 months if the birth occurred in a hospital, the registrant, parent, or legal guardian shall register the birth record with the clerk of the town or city in which the birth occurred.
II. The clerk of the town or city shall mark the birth record prepared under paragraph I "Delayed."
III. In the case of a live person allegedly born in the state of New Hampshire whose birth is not registered in a New Hampshire city or town, at the division, or in a bordering state, the registrant, or his or her parent or legal guardian, may apply for a delayed certificate of birth in writing or in person with the clerk of the city or town where his or her birth allegedly occurred by submitting: the completed form established by the division for that purpose; the documentary evidence required under this section; and the fee established by RSA 5-C:10.
IV. An application for a delayed certificate of birth shall contain the registrant's full name at birth; the registrant's date of birth; the registrant's sex; the registrant's place of birth; the registrant's city or town and county of birth; the registrant's father's full name and state or country of birth; the registrant's mother's full maiden name and state or country of birth; the signature and present address of applicant, if such person is 18 years of age or over, except that a married female applicant shall use her maiden name for signature; and the signature of a justice of the peace, or the signature and seal of a notary public, the date signed and the date his or her commission expires.
V. If the applicant is under 18 years of age, the application shall be signed and sworn to by one of the following acting on behalf of a living registrant and having personal knowledge of the facts of birth: either of the parents of the proposed registrant, cosigned by one of the grandparents if the parents are not of legal age; the legal guardian of the proposed registrant; or the legal representative having power of attorney over the proposed registrant.
VI. The applicant for delayed certificate of birth shall submit to the clerk of the town or city of birth occurrence the following documentary evidence to substantiate the name of the registrant and the date and place of birth entered on the application: at least 3 pieces of evidence as described in paragraph VIII, one of which shall be a record which was made before the first birthday of the registrant, or at least 4 pieces of evidence as described in paragraph VIII, all of which were made after the first birthday of the registrant.
VII. The facts of parentage of the registrant shall be supported by at least one of the documents in paragraph VIII other than an affidavit of personal knowledge.
VIII. Acceptable pieces of evidence to provide proof of the registrant's place and date of birth shall include but not be limited to, in order of priority:
(a) A notarized statement from the medical information department in the hospital of birth or from the clinical records where the registrant received treatments.
(b) A notarized statement from the physician, midwife, mother or father of the registrant.
(c) A baptismal certificate of the registrant.
(d) Elementary school records from the school district or equivalent stating the date and place of birth of the registrant and the name of at least one parent.
(e) A census report from the United States Department of Commerce, Bureau of the Census.
(f) The marriage record of the registrant stating the date and place of birth.
(g) A notarized affidavit of personal knowledge from the applicant or others attesting to the facts of the registrant's birth, limited to one per application.
(h) Birth records of siblings whose births surrounded that of the registrant.
(i) Insurance policies indicating the registrant's birth.
(j) Family bible records.
IX. An affidavit of personal knowledge, as described in paragraph VIII, shall be prepared by any person who has signed the affidavit before a notary public or a justice of the peace; is at least 10 years older than the applicant; is at least 18 years old; has personal knowledge of the facts of birth; and states in the affidavit why he or she knows and remembers the date of birth and states his or her relationship to the proposed registrant.
X. If the city or town of alleged birth borders on a neighboring state, the applicant shall provide a "no record" statement from the neighboring state, acknowledging that the birth record in question is not on file with that state. It shall not be considered a piece of evidence or part of the minimum documentation required under this section.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:39 Town and City Clerk Procedures for Delayed Certificate of Birth.
I. The clerk of the town or city shall type a list on the delayed certificate of birth describing each document submitted to support the facts shown on the application for a delayed certificate of birth. The description required shall include: the title or description of the document; the name of the affiant, if the document is an affidavit of personal knowledge; the name of the custodian of the record, if the document is an original or certified copy of a record of a signed statement from the custodian; the date of the original filing of the document being listed; and the date the copy of the document was issued. The description required shall also include information regarding the birth facts contained in the document, including: the registrant's date of birth or age; the registrant's birthplace; the full maiden name of the registrant's mother; the full name of the registrant's father; and information regarding the proposed registrant which is in addition to the minimum documentary evidence required by RSA 5-C:38.
II. The clerk of the town or city shall review an application for delayed certificate of birth in order to: verify that the application and documentary evidence is provided in accordance with paragraph I; verify that no prior birth record is on file in the local records for the person whose birth is to be recorded; verify that the documentary evidence submitted establishes the facts of birth and meets the requirements of RSA 5-C:38; and, prepare a list of the documentary evidence to accurately reflect the nature and content of the documents.
III. If the documentary evidence verifies the facts of birth, the clerk of the town or city shall approve the application, sign and date the application, and forward it, along with the documentary evidence, to the state registrar.
IV. If the clerk of the town or city is unable to approve an application due to its failure to comply with RSA 5-C:38, he or she shall return the application to the applicant for correction.
V. If the clerk of the town or city is unable to approve an application because a prior birth record is on file in the local records for the person whose birth is to be recorded, the clerk of the town or city shall notify the applicant in writing of the denial.
VI. The state registrar and clerks of towns and cities shall not issue a certified copy of a delayed certificate of birth in any short form or a wallet size version.
Source. 2005, 268:1, eff. Jan. 1, 2006.
5-C:40 State Registrar Approval, Denial, or Dismissal of Delayed Certificate of Birth.
I. The state registrar shall review each application for a delayed certificate of birth received from a clerk of a town or city to determine that: the application meets the requirements of RSA 5-C:38; no prior birth record is on file at the division for the person whose birth is to be recorded; the evidence submitted establishes the facts of birth; and the list of the evidence appearing on the delayed certificate of birth accurately reflects the nature and content of the documents.
II. If the application complies with the requirements of paragraph I, the state registrar shall approve the application by signing and dating it; file the application at the division; and, return the documentary evidence to the applicant along with a certified copy of the delayed certificate of birth.
III. If the state registrar is unable to approve an application because the documentary evidence is insufficient, he or she shall notify the applicant and the clerk of the town or city of the denial within 10 days of receipt of the application and return the application to the clerk of the town or city.
IV. If the state registrar has denied the application, the clerk of the town or city shall contact the applicant to obtain the necessary evidence to meet the requirements. However, applications for delayed certificates that have not been completed within one year from the date of application shall be dismissed.
V. Upon dismissal or denial of an application, the state registrar shall advise the applicant in writing of the reasons for the action and the applicant's right to a hearing. The state registrar shall return all documents submitted in support of such registration to the applicant and send a copy of this letter to the clerk of the town or city.
Source. 2005, 268:1, eff. Jan. 1, 2006.