Part XII. Inspection of Records and Disclosure of Information
12VAC5-550-470. Individual requests.
A. Upon request, the State Registrar or the city or county registrar shall disclose data or issue certified copies of birth or death records or information when satisfied that the applicant therefor has a direct and tangible interest in the content of the record and that the information contained therein is necessary for the determination or protection of personal or property rights.
B. A direct and tangible interest may be evidenced by requests from the registrant, members of his immediate family, his guardian, or their respective legal representatives in the case of birth records. Such direct and tangible interest may be evidenced by requests from surviving relatives or their legal representatives in the case of death records.
C. For the purposes of securing information or obtaining certified copies of birth records, the term "legal representative" shall include a registrant's attorney; a person with power of attorney for affairs of registrant; an attending physician; or a federal, state or local governmental agency acting in behalf of the registrant or his family.
D. For the purposes of obtaining information of certified copies of death certificates, the term "legal representative" shall include the registrant's funeral service licensee; attorney; person with power of attorney for the affairs of the registrant; insurance company insuring the registrant; a federal, state or local governmental agency acting in behalf of the registrant or his family; a court appointed guardian; or a court appointed administrator.
E. A direct and tangible interest shall not be evidenced by the biological parents of an adopted child; nor by commercial firms, agencies, nonprofit or religious organizations requesting listings of names or addresses.
Statutory Authority
§§ 32.1-12 and 32.1-250 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 12.1, eff. April 1, 1995; amended, Virginia Register Volume 19, Issue 26, eff. October 8, 2003.
12VAC5-550-480. Research requests.
The State Registrar or the city or county registrar may permit use of data from vital records for bona fide research purposes subject to reasonable conditions the State Registrar may impose to ensure that the use of the data is limited to such research purposes.
Statutory Authority
§ 32.1-273 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 12.2, eff. April 1, 1995.
12VAC5-550-490. Official requests.
The State Registrar or the city or county registrar may disclose data from vital records to federal, state, county, or municipal agencies of government which request such data in the conduct of their official duties; except that records governed by §§ 32.1-261 and 32.1-274 D and E of the Code of Virginia, may be made available only by the State Registrar for official purposes to federal, state, county, or municipal agencies charged by law with the duty of detecting or prosecuting crime, preserving the internal security of the United States, or for the determination of citizenship.
Statutory Authority
§ 32.1-273 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 12.3, eff. April 1, 1995.
12VAC5-550-500. Application for records.
The State Registrar or the city or county registrar may require written applications for data; the identification of an applicant; or a sworn statement, when it shall seem necessary to establish an applicant's right to information from vital records.
Statutory Authority
§ 32.1-273 of the Code of Virginia.
Historical Notes
Derived from VR355-29-100 § 12.4, eff. April 1, 1995.