Introduced Version




Citations Affected: IC 16-37-1-8.

Synopsis: Identification to obtain a birth certificate. Specifies that the identification presented to obtain a birth certificate does not need to include a photograph. Allows a person to provide a sworn statement instead of a form of identification to obtain a birth certificate. Requires the department of health to make specified changes to the form used to obtain a birth certificate.

Effective: July 1, 2006.


    January 4, 2006, read first time and referred to Committee on Public Health.


Second Regular Session 114th General Assembly (2006)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2005 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 16-37-1-8; (06)IN1053.1.1. -->     SECTION 1. IC 16-37-1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 8. (a) Except as provided in subsection (c), a local health officer shall provide a certification of birth, death, or stillbirth registration upon request by any person only if:
        (1) the health officer is satisfied that the applicant has a direct interest in the matter;
        (2) the health officer determines that the certificate is necessary for the determination of personal or property rights or for compliance with state or federal law; and
        (3) the applicant for a birth certificate presents: at least
             (A) one (1) form of identification; or
            (B) a statement under oath or affirmation that the applicant is permitted by law to obtain the birth certificate.

         A local health officer may not require a photograph identification for the identification described in clause (A).
However, the local health officer must issue a certificate of an

applicant's own birth registration.
    (b) A local health officer's decision whether or not to issue a certified copy of a birth certificate is subject to review by a court.
    (c) A local health officer may not issue a copy of a birth certificate of a missing child to which a notice has been attached under IC 10-13-5-11 without the authorization of the Indiana clearinghouse for information on missing children.

SOURCE: ; (06)IN1053.1.2. -->     SECTION 2. [EFFECTIVE JULY 1, 2006] (a) The state department of health shall amend the application for the search and certified copy of a birth record form as follows:
        (1) Change the description of the required identification to reflect that photograph identification is not required.
        (2) Specify that making false statements on an application for or altering, mutilating, or counterfeiting an Indiana birth certificate is a criminal offense under IC 16-37-1-12 and set forth the maximum:
            (A) term of imprisonment; and
            (B) fine;
        for the offense.
    (b) This SECTION expires December 31, 2007.