10- 146 C.M.R. ch. 4, § 6

Current through 2024-25, June 19, 2024
Section 146-4-6 - DIRECT AND LEGITIMATE INTEREST
A.Applicants who may or may not have a direct and legitimate interest. To protect the integrity of vital records, a municipal clerk or the Department shall not permit inspection or disclosure of information contained in vital statistics records, or issue a copy of all or part of any such record, unless the applicant has a direct and legitimate interest in such record in accordance with 22 MRS §2706(5). The following applicants may obtain restricted vital statistics data contained in a vital reports or records by demonstrating that such information is needed for the determination or protection of personal property rights:
1. Registrant or related individuals;
2. A surviving parent acting on behalf of a child who is a minor shall be entitled to the deceased parent(s) death certificate if their parental rights have not been terminated.
3. Genealogical researchers who hold a valid genealogical researcher identification card from the Department as specified in Section 9 of this rule.
4. Others approved by the State Registrar who provide supporting documents of eligibility to determine they are qualified to receive such data.

Applicants demonstrating a direct and legitimate interest shall present supporting documentation as specified in Section 6(B) for the purposes of determining the applicant's eligibility to receive the requested data or record.

B.Supporting documentation to demonstrate a direct and legitimate interest. A municipal clerk or the Department shall review the supporting documentation presented by the applicant. Such documentation shall be an original document or a copy of the document that has been notarized.
1. The registrant listed on birth records; the parties or officiant listed on a marriage record; the informant who provides information about a deceased person to the funeral establishment in order to file the death record, funeral director or authorized person listed on a death record; and the parents listed on a birth, death or marriage record shall present acceptable identification as specified in Section 4.
2. Related individuals shall present supporting documentation to demonstrate lineage or relationship as specified in Section 7.
3. A surviving parent acting on behalf of a child who is a minor shall present the birth certificate of the child naming the surviving parent or an order from a court of competent jurisdiction naming both the child and the surviving parent.
4. Genealogical researchers shall present a valid genealogical researcher identification card issued from the Department as specified in Section 9.
5. Authorized representatives shall present the written and notarized statement from the registrant or proof of contract. If the registrant is requesting a family member's record, the notarized statement or contract shall be presented in addition to supporting documentation that demonstrates lineage or relationship as specified in Section 7.
6. Federal, State, Maine local government or Tribal agencies, Maine municipal governments and Maine public school districts shall present a written request on letterhead and provide documentation of identification of the applicant who signed the request.
7. Individuals conducting health, medical and social research, including those who represent governmental agencies, shall provide additional information as specified in Section 8.

A municipal clerk or the Department may verify the authenticity of the documents presented in the event they have reasonable cause to question the validity or accuracy of the document.

C.Disclosure of released data. Direct and legitimate interest does not include access to or disclosure of information contained in vital statistics data, reports and vital records for sale or release to the public, for direct or indirect marketing of goods or services, for other non-research solicitation of registrants or families of registrants, or for other commercial or speculative purposes by media representatives and commercial firms other than those conducting health, medical or social research.
D.Copies of vital records. Certified copies and non-certified copies of records, including restricted records, requested by an eligible applicant will be issued in accordance with Section 2.

10- 146 C.M.R. ch. 4, § 6