PUBLIC HEALTH STATISTICS 44:09
1 44:09:01:05. Requirements for preparation of vital records. Unless otherwise directed by
the secretary of health the Department of Health, a vital record is not complete and correct and
acceptable for registration unless it is prepared on the applicable form and meets the following
requirements:
(1) It supplies contains all items of information called for on the form or their omission is
accounted for;
(2) It contains no alterations or erasures;
(3) It contains the required signatures;
(4) It is not marked "copy" or "duplicate";
(5) It is the original;
(6) It contains no improper or inconsistent data; and
(7) If the record is a certificate of death, it contains a definite cause of death with an etiological
explanation of the order, type, and association of events resulting in death, not just symptoms of
disease or conditions resulting from disease or injury.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-44 34-25-8, 34-25-32.1, 34-25-38.
Law Implemented: SDCL 34-25-43 to 34-25-45, inclusive.
PUBLIC HEALTH STATISTICS 44:09
2 CHAPTER 44:09:02
BIRTH REGISTRATION
Section
44:09:02:01 and 44:09:02:02 Repealed.
44:09:02:03 Who may request Registration of delayed birth certificate.
44:09:02:04 Delayed birth certificate form.
44:09:02:05 Facts to be established for registration of delayed birth certificate.
44:09:02:06 Requirements for documents used as evidence for delayed birth
certificate.
44:09:02:07 Requirements for filing a delayed birth certificate.
44:09:02:08 Repealed.
44:09:02:09 Insufficient evidence.
44:09:02:10 Certifying to facts on delayed birth certificates.
44:09:02:11 Dismissal of delayed birth application after one year.
44:09:02:12 Late filing of birth certificate.
44:09:02:13 Out-of-institution birth.
PUBLIC HEALTH STATISTICS 44:09
3 44:09:02:03. Who may request Registration of delayed birth certificate. Any person born
in this state whose birth is not recorded registered within one year from the date of birth, or the
person's parent, guardian, or legal representative, may request the registration of a delayed birth
certificate of birth from the Department of Health.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
4 44:09:02:05. Facts to be established for registration of delayed birth certificate. The
minimum following facts for a delayed birth certificate that must be established by documentary
evidence are the following, as set forth in this chapter, in order for the registration of a delayed birth
certificate by the Department of Health:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother unless omitted pursuant to SDCL 34-25-14; and
(5) The full name of the father, unless omitted pursuant to SDCL 34-25-13.1, 34-25-13.2, or
34-25-14. However, if the mother was not married either at the time of conception or birth, the name
of the father may not be entered on the delayed certificate unless paternity has been established; and
(6) The sex at the time of birth.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-13.1, 34-25-13.3 34-25-13.2, 34-25-15, 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
5 44:09:02:06. Requirements for documents used as evidence for delayed birth certificate.
Any document presented as evidence for a delayed birth certificate, such as census, hospital, church,
and school records, The following may serve as evidence for the registration of a delayed birth
certificate:
(1) Census records;
(2) Hospital records;
(3) Church records; and
(4) School records.
The record must be in the form of the original record, a certified copy of the original record, an
authenticated copy of the original record, or be accompanied by a signed statement attesting to the
authenticity of the document from the custodian of the record or document. An affidavit of personal
knowledge may not be used as evidence to establish a delayed birth certificate of birth.
Any document submitted presented in evidence for any person a prospective registrant seven
years of age and older must be dated at least seven years before the date of the delayed birth
certificate application or within three years after the date of the prospective registrant's birth. For
any person prospective registrant under seven years of age, the document must be dated at least one
year before the date of the delayed birth certificate application or within the first year of life after
the date of the prospective registrant's birth.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-9.1, 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
6 44:09:02:07. Requirements for filing a delayed birth certificate. For a delayed birth
certificate to be acceptable for filing, the name of the applicant and the date and place of birth must
be supported by a hospital record created at the time of birth or two pieces of documentary evidence
as specified in § 44:09:02:06 if the record is filed within seven years after the date of birth; or three
pieces of documentary evidence as specified in § 44:09:02:06 if the record is filed seven years or
more after the date of birth. If an application for the registration of a delayed birth certificate is
registered within seven years after the prospective registrant's date of birth, the name and sex of the
prospective registrant, and the date and place of birth must be supported by a hospital record created
at the time of birth or by two pieces of documentary evidence as specified in § 44:09:02:06.
If an application for the registration of a delayed birth certificate is filed more than seven years
after the prospective registrant's date of birth, the name and sex of the prospective registrant and the
date and place of birth must be supported by three pieces of documentary evidence as specified in §
44:09:02:06.
Any parent's name as required in § 44:09:02:05 shall must be supported by at least one piece
of documentary evidence as specified in § 44:09:02:06.
If documentation cannot be provided as required in this chapter, the Department of Health
may register a delayed birth certificate is acceptable for filing with an upon receipt of a certified
order from a court of competent jurisdiction which that directs the Department of Health to establish
register a delayed birth certificate and establishes the facts as follows:
(1) The full name of the person at the time of birth;
(2) The month, day, and year of birth;
(3) The state where the birth occurred;
(4) The full maiden name of the mother unless omitted pursuant to SDCL 34-25-14;
PUBLIC HEALTH STATISTICS 44:09
7 (5) The full name of the father, unless omitted pursuant to SDCL 34-25-13.1, 34-25-13.2, or
34-25-14; and
(6) The gender sex at the time of birth.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
8 44:09:02:11. Dismissal of delayed birth application after one year. The Department of
Health may dismiss any application request for the registration of a delayed birth certificate that has
not been completed within one year from the date of application.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
9 44:09:02:12. Late filing of birth certificate. A late birth certificate of birth registered after
seven days of birth, but within one year from the date of birth, must be filed registered on the standard
certificate of live birth provided by the Department of Health. Such a The birth certificate may not
be marked "Delayed." For a late certificate of birth to be acceptable for filing, the The Department
of Health may require a hospital record created at the time of birth as additional evidence in support
of filing the birth certificate.
Source: 24 SDR 60, effective November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-8.
Law Implemented: SDCL 34-25-8.
PUBLIC HEALTH STATISTICS 44:09
10 44:09:02:13. Out-of-institution birth. If a birth occurs in this state outside a hospital or
institution, and the birth certificate is filed registered within one year after birth, the individual
responsible for registering the certificate as required by SDCL 34-25-9.1 must register a standard
certificate of live birth must be completed at the office of the local registrar or at with the Department
of Health vital records office by the individual responsible for filing the certificate and filed with
accompanied by evidence from each of the three types described below as follows:
(1) Evidence of pregnancy, as follows:
(a) A prenatal record for the mother from a licensed health care provider;
(b) A written statement attesting to the mother’s pregnancy from a physician or other
licensed health care provider qualified to determine pregnancy;
(c) A record of a home visit to the mother for pregnancy services by a public health nurse
or other licensed health care provider; or
(d) Other evidence acceptable to the secretary of health the Department of Health;
(2) Evidence that the infant was born alive, as follows:
(a) A statement from the a physician or other licensed health care provider who saw or
examined the infant;
(b) An observation of the infant during a home visit by a public health nurse or other
licensed health care provider; or
(c) Other evidence acceptable to the secretary of health; and
(3) Evidence of the mother's presence in this state on the date of the birth, as follows:
(a) If the birth occurred in the mother's residence:
(i) A valid driver's license or a state-issued identification card which that includes
the mother's current residence on the face of the license or card;
PUBLIC HEALTH STATISTICS 44:09
11 (ii) A rent receipt from the month of the infant's birth that includes the mother's
name and address;
(iii) Any type of utility, telephone, or other bill from the month of the infant's birth
that includes the mother's name and address; or
(iv) Other evidence acceptable to the secretary of health;
(b) If the birth occurred outside the mother's place of residence and the mother is a resident
of this state:
(i) An affidavit from the tenant of the premises where the birth occurred attesting
to the fact that the mother was present on those premises at the time of the birth and that the premises
is are located in the this state; and
(ii) Evidence of the mother's residence in the this state similar to that, as required
in subdivision subsection (3)(a) of this section; or
(c) If the mother is not a resident of this state, clear and convincing evidence that the birth
occurred in this state.
A document submitted as evidence must be the original record, a certified copy of the original
record, an authenticated copy of the original record, or be accompanied by a signed statement
attesting to the authenticity of the document from the custodian of the record or document.
If the department finds reason to question the validity or adequacy of the documentary
evidence, the birth certificate may not be registered. The department must advise the applicant that
the evidence provided is insufficient. If no additional documentary evidence is provided to the
department, the department must advise the applicant of the denial and the right to an administrative
hearing and judicial review pursuant to SDCL chapter 1-26.
Source: 24 SDR 60, effective November 13, 1997.
General Authority: SDCL 34-25-9.1.
PUBLIC HEALTH STATISTICS 44:09
12 Law Implemented: SDCL 34-25-9.1.
PUBLIC HEALTH STATISTICS 44:09
13 44:09:03:02. Delayed registration of death. A death record that has not been registered
within one year from the date of death and is registered submitted pursuant to SDCL 34-25-42 shall
must be on a delayed death record form prescribed by the Department of Health. The form shall
must be completed and filed registered as follows:
(1) If the attending physician or coroner and the attending funeral director or the person who
acted as such acting as the funeral director are available to complete and sign the certificate of death
delayed death record form, it the form may be completed without additional evidence and filed
registered with the Department of Health department; or
(2) In the absence of the attending physician or coroner and the funeral director or the person
who acted as such acting as the funeral director, the certificate may be filed registered by another
person having knowledge of the facts of death and shall be if it is accompanied by two documents
that establish the identity of the deceased person. Any such accompanying document shall include,
as a minimum, must establish the identity of the deceased person, the date of death, name, the age
at death, and the place of death.
In any case, the Department of Health The department may require additional documentary
evidence to prove the facts of death. The Department of Health The department shall retain a
summary statement of the evidence submitted in support of the delayed registration.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
14 CHAPTER 44:09:05
AMENDMENT OF RECORDS
Section
44:09:05:01 Records to be marked amended.
44:09:05:02 Requirements for amending vital records.
44:09:05:03 Documentary evidence required for amending records.
44:09:05:04 Who may request an amendment.
44:09:05:05 Amendment of given first or middle names on birth certificates within the first year.
44:09:05:06 Addition of given first or middle names on birth certificates -- Child with no first
or middle name.
44:09:05:07 Repealed.
44:09:05:08 Amendment of the same item more than once.
44:09:05:09 Method of amending certificates.
44:09:05:10 Fee for preparing new birth certificate after adoption.
44:09:05:11 Dismissal of amendment applications after one year.
44:09:05:12 Amendment of surnames on vital records after one year.
PUBLIC HEALTH STATISTICS 44:09
15 44:09:05:02. Requirements for amending vital records. Unless otherwise provided in
this chapter or in statute, the Department of Health shall make all amendments to vital records. The
following information is required to amend a vital record:
(1) An affidavit of correction setting forth the following:
(a) Information to identify the original certificate;
(b) The incorrect data as it is listed on the certificate; and
(c) The correct data as it should appear; or
(2) An A certified order from a court of competent jurisdiction which that directs that the
record be amended and provides the following information:
(a) Information to identify the original certificate;
(b) The incorrect data as it is listed on the certificate; and
(c) The correct data as it should appear.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 24 SDR 60, effective
November 13, 1997; 26 SDR 89, effective January 9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
16 44:09:05:03. Documentary evidence required for amending records. Amendments An
affidavit of correction request to amend a vital record received by the Department of Health more
than one year after the date of the event, except as noted in § 44:09:05:06 shall, must be supported
by one or more items of documentary evidence that supports the alleged facts justifying amendment.
Any document presented as evidence for amending a vital record, such as census, hospital,
church, and school records, must be in the form of the original record, a certified copy of the original
record, an authenticated copy of the original record, or a be accompanied by a signed statement
attesting to the authenticity of the document from the custodian of the record or document. An
affidavit of personal knowledge may not be used to amend a vital record.
Any document submitted in evidence for persons amending a birth certificate of a registrant
seven years of age and older must be dated at least seven years before the date of the amendment
application or within three years after the registrant's date of birth. For persons a registrant more
than one year and under seven years of age, a document must be dated at least one year before the
date of the amendment application or within the first year of life after the date of the registrant's
birth.
If the department finds reason is found to question the validity or adequacy of the documentary
evidence, the department must reject the request for amendment shall be rejected and advise the
applicant shall be advised of the right to an administrative hearing and judicial review in accordance
with SDCL chapter 1-26.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
17 Cross-Reference: Procedure for administrative hearings and judicial review, SDCL 1-26-16
to 1-26-37.
44:09:05:04. Who may request an amendment. A birth certificate may be amended upon
the request of the registrant if of legal age, one of the parents of the registrant, the guardian of the
registrant, or the individual person responsible for filing the birth certificate. Any item in the
statistical portion of the birth certificate, however, may be amended only upon receipt of oral or
written notification of an error from the person responsible for the completion of the items. Any item
amended in the statistical portion of the birth certificate may not be marked amended.
A The demographic information on a death certificate may be amended upon the request of
the next of kin, the funeral director, or the person acting as the funeral director. Any item in the
medical certification or any item of a medical nature may be amended only upon the department’s
receipt of an affidavit from the attending licensed physician or from the county coroner who assumes
jurisdiction over the decedent pursuant to SDCL 23-14-18. If an amendment is made by a county
coroner, the county coroner shall must specify in the affidavit the subdivisions in SDCL 23-14-18,
regarding deaths in the public interest, under which the coroner assumes jurisdiction over the
decedent and evidence of consultation with a licensed physician unless the coroner is a licensed
physician. The Department of Health may require documentary evidence to substantiate any
requested amendment. The department shall give notice of the amendment to the physician who
made the original medical certification.
A marriage record certificate may be amended upon the request of either of the registrants, the
individual who solemnized the marriage, the local registrar filing registering the marriage certificate,
or a legal representative acting on behalf of one of the registrants. Any item in the "Information for
Statistical Purposes Only" section of the marriage record certificate may only be amended by oral
PUBLIC HEALTH STATISTICS 44:09
18 or written notification of an error from the person responsible for the completion of the items. No
item amended in the "Information for Statistical Purposes Only" section may be marked amended.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 13 SDR 202, effective July 5,
1987; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
19 44:09:05:05. Amendment of given first or middle names on birth certificates within the
first year. Until the registrant's first birthday, any given first or middle name may be amended on
the birth certificate without additional documentary evidence by an affidavit signed by both parents
or by one of the following:
(1) The mother in the case of a child born out of wedlock where paternity is not established;
(2) The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or incapacity of the father; or
(4) The guardian having legal custody of the registrant; or
(5) The person or facility responsible for registering the birth certificate.
After the registrant's first birthday, documentary evidence shall must be submitted to the
Department of Health in accordance with § 44:09:05:03 to substantiate the amendment.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51 34-25-8, 34-25-9.2.
PUBLIC HEALTH STATISTICS 44:09
20 44:09:05:06. Addition of given first or middle names on birth certificates -- Child with
no first or middle name. Until the registrant's first birthday, any given first or middle name for a
child whose birth was recorded without a given first or middle name may be added to the birth
certificate without additional documentary evidence by an affidavit signed by both parents or by one
of the following:
(1) The mother in the case of a child born out of wedlock where paternity is not established;
(2) The father in the case of the death or incapacity of the mother;
(3) The mother in the case of the death or incapacity of the father; or
(4) The guardian or agency having legal custody of the registrant.; or
(5) The person or facility responsible for registering the birth certificate.
After the registrant’s first birthday, documentary evidence shall must be submitted to the
Department of Health in accordance with § 44:09:05:03 to substantiate the either the first or middle
name, or both, being added.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
21 44:09:05:08. Amendment of the same item more than once. Once an amendment by
affidavit or court order has been made of to an item on a vital record, the Department of Health may
not amend the that item shall not be amended again unless it receives a certified court order that
directs the item be amended is received from a court of competent jurisdiction.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
22 44:09:05:09. Method of amending certificates. The Department of Health may amend a
vital record in the following manner:
(1) Completing the item in any case where the item was left blank on the existing certificate;
(2) Drawing a single line through the item to be amended and inserting the correct data. The
line drawn through the original entry must not obliterate the entry;
(3) Changing a record maintained in an electronic file. The date of the amendment must be
made a part of the record and the original information must also be retained in the electronic file; or
(4) Creating a new certificate when so ordered by a court of competent jurisdiction. The
certificate may not be marked as amended; or
(5) Preparing a new certificate showing the correct information when if the state registrar
considers department determines that the nature of the amendment so requires a new certificate.
Source: SL 1975, ch 16, § 1; 6 SDR 93, effective July 1, 1980; 26 SDR 89, effective January
9, 2000.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51.
PUBLIC HEALTH STATISTICS 44:09
23 44:09:05:10. Fee for preparing new birth certificate after adoption. The fee for locating
an original birth record certificate and preparing a new birth certificate following adoption is $15
fifteen dollars.
Source: 7 SDR 9, effective August 11, 1980; 10 SDR 144, effective July 1, 1984; 35 SDR
183, effective February 2, 2009.
General Authority: SDCL 34-25-16.1.
Law Implemented: SDCL 34-25-16.1.
PUBLIC HEALTH STATISTICS 44:09
24 44:09:05:12. Amendment of surnames on vital records after one year. Any amendment
to a surname made within the first year after the event occurred may be amended by affidavit without
additional documentary evidence, unless that the surname was placed on the record using a paternity,
adoption, or other court order. If the surname was placed on the record using a paternity order,
adoption decree, or other court order within the first year after the event occurred, the surname may
only be amended by submitting a certified order from a court of competent jurisdiction directing the
amendment. Any amendment to a surname on a vital record made a one year or more after the event
occurred requires an a certified order from a court of competent jurisdiction that directs the record
be amended, unless the amendment makes a minor spelling correction.
Source: 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-51.
Law Implemented: SDCL 34-25-51 34-25-8, 34-25-9.2.
PUBLIC HEALTH STATISTICS 44:09
25 CHAPTER 44:09:06
DISCLOSURE OF INFORMATION
Section
44:09:06:01 Repealed.
44:09:06:02 Fee for search, verification, or certified copy of vital records.
44:09:06:02.01 Fee for expedited services.
44:09:06:03 Repealed.
44:09:06:04 Application form requirements.
44:09:06:05 Requirements for serving as a designated agent.
44:09:06:06 Application methods and requirements.
44:09:06:07 Security requirements for certified copies of vital records.
44:09:06:08 Security requirements for informational copies of vital records.
PUBLIC HEALTH STATISTICS 44:09
26 44:09:06:02. Fee for search, verification, or certified copy of vital records. The fees for
any copy of a birth, death, fetal death, marriage, or divorce record filed registered by the system of
vital registration are as follows:
(1) Birth record -, each informational or certified copy, verification, or certified statement that
a record is not filed registered, $13 thirteen dollars;
(2) Death or fetal death record -, each informational or certified copy, verification, or certified
statement that a record is not filed registered, $15 fifteen dollars;
(3) Marriage record -, each informational or certified copy, verification, or certified statement
that a record is not filed registered, $15 fifteen dollars; and
(4) Divorce record -, each informational or certified copy, verification, or certified statement
that a record is not filed registered, $15 fifteen dollars.
Any copy of any vital record issued from the system of vital registration may only be issued
in the form of a certified or informational copy, except if a copy is being issued under SDCL 34-25-
52.1. A copy issued pursuant to that section shall must be stamped for "Administrative Use Only."
Source: 7 SDR 9, effective August 11, 1980; 10 SDR 144, effective July 1, 1984; 21 SDR 71,
effective October 16, 1994; 26 SDR 89, effective January 9, 2000; 31 SDR 213, effective July 4,
2005; 35 SDR 183, effective February 2, 2009.
General Authority: SDCL 34-25-52.
Law Implemented: SDCL 34-25-52, 34-25-52.1.
Cross-References:
Fees of register of deeds enumerated--Real estate documents to conform to format standards-
-Exception, SDCL 7-9-15;.
Additional fee charged for copy of birth record -- Disposition, SDCL 34-25-52.2.
PUBLIC HEALTH STATISTICS 44:09
27 44:09:06:04. Application form requirements. To request a certified or informational copy
of a vital record, the applicant shall provide the following information on an application form
prescribed by the Department of Health or via a method that allows for authentication of the
requestor applicant:
(1) Applicant's full name;
(2) Current Applicant's current home or business address;
(3) Signature of the applicant or electronic authentication;
(4) Current Applicant's current telephone number, if applicable;
(5) Type of vital record requested;
(6) For a certified copy only, a statement or evidence of the relationship of the applicant to
the registrant;
(7) For a birth record only, the name of the registrant of on the record, the registrant’s date of
birth, and the mother's maiden name, or enough information to locate the record; and
(8) For any a death, marriage, or divorce record, the name of the registrant on the record and
the date of death, or enough information to locate the record; and
(9) For a marriage or divorce record, the names of both parties on the record and the date of
event, or enough information to locate the record.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
28 44:09:06:05. Requirements for serving as a designated agent. A For purposes of obtaining
a certified copy of a vital record, a designated agent is established by a notarized statement, signed
by the individual eligible to request a record who is to be represented by the designated agent, that
describes the authority being given to the designated agent to act on the individual's behalf.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-1.1, 34-25-52, 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
29 44:09:06:06. Application methods and requirements. An applicant application for a
certified or informational copy of a vital record shall submit an application as provided in
§ 44:09:06:04 must be submitted to the Department of Health or authorized local registrar in the
following manners and must be accompanied by the following proof of identity:
(1) along with For an in-person application, the applicant must present a government -issued
photo ID identification card that contains the applicant's signature or other proof of identity as
deemed acceptable by the state registrar. If the application is made in person, the applicant shall
complete an application and shall present a valid picture identification or two valid forms of
identification;.
(2) If the For a mailed in application is made via mail, the application shall must be notarized,
or the applicant shall must provide a clear copy of a valid picture government-issued photo
identification card or two valid forms of identification;.
(3) If the For an over the phone application is made via phone, the information from the
application shall must be taken over the phone, and the applicant shall fax must submit a clear copy
of a valid picture government-issued photo identification card, or the applicant’s identity of the
individual shall must be authenticated by electronic means; or.
(4) If the For an online application is made via the internet, the information from the
application shall must be taken via the internet, and the applicant must submit a clear copy of a
government-issued photo identification card, or the applicant’s identity of the individual must be
authenticated by electronic means.
For purposes of this section, “valid form of identification” means a copy of the individual’s
social security card, a utility bill with the individual’s current address, a bank statement with the
individual’s current address, a car registration or title showing the individual’s current address, or a
pay stub that includes the individual’s name, social security number, and the address of the business.
PUBLIC HEALTH STATISTICS 44:09
30 Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-52.4.
Law Implemented: SDCL 34-25-52.4.
PUBLIC HEALTH STATISTICS 44:09
31 44:09:07:01. Who may request a delayed certificate of marriage. Any person married in
South Dakota whose marriage is not recorded registered within one year of the date of marriage, or
the person's legal representative, may request the registration of a delayed certificate of marriage
from the Department of Health.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
32 44:09:07:02. Delayed certificate of marriage record. Any person registering a marriage
more than one year after the date of marriage, pursuant to SDCL 34-25-42, shall complete a delayed
certificate of marriage form prescribed by the Department of Health.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
33 44:09:07:03. Facts to be established for a delayed certificate of marriage. To be
acceptable for a delayed for registration, For a delayed marriage to be accepted for registration by
the Department of Health, the certificate of marriage must be supported by:
(1) ABoth:
(a) A copy of the marriage license, or the application for the marriage license if
the license was granted; and
(2) (b) A signed statement from the official conducting the wedding ceremony or the
custodian of the records of the official and from the two witnesses to the wedding ceremony
indicating that a marriage ceremony was performed and the date and place of the marriage; or
(3) An(2) A certified order from a court of competent jurisdiction ordering a delayed
certificate of marriage to be filed registered and providing the following information:
(a) Bride information:
(i) Name The bride's name prior to marriage;
(ii) Date, date of birth;, and
(iii) Residence city and county of residence;
(b) Groom information:
(i) Name The groom's name prior to marriage;
(ii) Date, date of birth;, and
(iii) Residence city and county of residence; and
(c) Marriage information:
(i) Date The date of marriage; and
(ii) City city and county of marriage.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
PUBLIC HEALTH STATISTICS 44:09
34 Law Implemented: SDCL 34-25-42.
44:09:07:04. Insufficient evidence. If an applicant does not submit the documentation
required by § 44:09:07:03 for a delayed registration or if the Department of Health finds reason to
question the validity or adequacy of the statements or the documentary evidence, the delayed
certificate of marriage may not be filed registered. The department must advise the applicant that
the evidence provided is insufficient. The If the applicant does not submit additional sufficient
documentary evidence, the department must advise the applicant shall be advised of the denial of
the application and the right to an administrative hearing and judicial review pursuant to SDCL
chapter 1-26.
Source: 31 SDR 213, effective July 4, 2005.
General Authority: SDCL 34-25-42.
Law Implemented: SDCL 34-25-42.