Understanding Tangible Interest Requirements for Birth and Death Records Interpretation

1. What Gives You the Right? Interpreting Tangible Interest Requirements

2. Reference • MN Statutes, section 144.225 • MN Rules, part 4601. 2600, subpart 12

3. I am the: Subject • Because I am the child listed on the birth record • Because I am the decedent listed on the death record?

4. Parent of the subject • Because my name is on the birth record • Because my name is on the death record • Because I have a court order that names me as the biological father of the child

5. Other family members • Child/Spouse/Sibling of the subject • Grandparent/Grandchild of the subject • Because I say so (really) (trust me)

6. Spouse • Must be the spouse listed on the death certificate

7. Sibling of the subject Can an individual get a sibling’s birth certificate? NO

8. Party responsible for filing the record • Birth certificate: • Hospital birth registrar or midwife • Death certificate: • Funeral home, physician, medical examiner or coroner

9. Legal custodian, guardian, conservator • Because I have a court order showing this legal relationship

10. Health care agent • Because I have a health care power of attorney • Definition (MN Statute 145C.01, subd. 2): “An individual age 18 or older who is appointed by a principal in a health care power of attorney to make health care decisions on behalf of the principal.”

11. Personal representative • Because I am an executor, administrator, or have been appointed by a court to administer the subject’s estate • The subject of the record must be deceased

12. Successor • Because I am a person, other than a creditor, who is entitled to property of the decedent under the decedent’s will. • Definition paraphrased from MN Statute 524.1-201

13. Trustee • Because I am responsible for administering the decedent’s trust • Request must be for death certificate only

14. Protection of a personal or property right • Because I can prove the certificate is needed for: • Insurance benefits • Social security benefits • Loan collection • Transfer of property

15. Adoption agency • Because the certificate is needed to complete a confidential post-adoption search • Certificate may be for: • Birth parent of adoptee • Genetic sibling of adoptee

16. Local, State, or Federal government agency • Because the certificate is needed to complete agency duties • Most common requester: representative of MN Department of Human Services • May ask requester to submit agency ID if agency is out of state or unfamiliar

17. Attorney • Because I have presented proof of licensure

18. Court order • Because I have a court order directing release of the birth or death certificate to me

19. Authorized representative • Because I have a notarized statement signed by someone who does have direct tangible interest giving me authority to obtain the birth or death certificate

20. Confidential Birth Records • A birth record may be confidential when a child’s parents are not married when the child is born • How does a confidential birth record differ from the normal “confidential” data classification? • The data may be issued to the subject of the data (as well as others)

21. Confidential Birth Records • A confidential birth record may be issued to: • The subject age 16 or older • A parent on the record • A legal guardian of the subject • A person with a court order directing release of the record • Representative of the Dept. of Human Services • A person with a notarized authorization from a person above

22. Tangible Interest • Odd situation? Confusing paperwork? • A good guide: if asking for documentation, find a clear connection between the requester and the subject of the record • Can fax application & documents to OSR (651-201-5740) attn.: Heidi for guidance

23. Questions?