Tangible interest and acceptable id

1. Tangible interest and acceptable id Minnesota Department of Health Office of Vital Records

2. Tangible Interest and Acceptable ID • Tangible interest – the applicant’s relationship to the subject of the record • Minnesota Statutes, section 144.225, subdivision 7 and Minnesota Rules, part 4601.2600 • restricts the release of a birth or death certificate to qualified applicants • became law August 1, 2000 • not required for non-certified copies of death certificates and most non-certified copies of birth certificates • fraud protection measure • demonstrating tangible interest does not allow the release of private or confidential information

3. Tangible Interest Is a school considered a governmental agency? • not for the purposes of tangible interest • school districts - monthly birth files of all public births by zip code

4. Tangible interest Can an ex-spouse get a copy of a death record? • not as an ex-spouse • determination or protection of personal or property rights

5. Tangible interest Is a Transfer of Parental Rights form acceptable to issue a record from? • no • requester needs a signed and notarized statement releasing the record to him/her

6. Tangible interest If the following tangible interest is checked: I am presenting your office with a court order issued by a court of competent jurisdiction, is a subpoena acceptable documentation to issue the record? • no • a certified copy of a court order directing the release of the record is required.

7. Tangible interest A Veteran’s Affairs Officer is requesting the birth certificate of a veteran’s spouse. Is it okay to issue for no fee? • yes, as long as the certificate is being requested for official use by Veterans Affairs. • make sure to choose VA Certificate as the request item type so it will print on the certificate that it is for VA use only.

8. Tangible interest • 197.63 VITAL STATISTICS RECORDS, CERTIFIED COPIES. • Subdivision 1.Issuance without charge. • A certified copy of a birth, death, marriage, divorce, dissolution of marriage record, or certified copy of veteran's discharge recorded pursuant to section 386.20, shall be issued promptly by the officer charged with the keeping of the records upon the request of, and without any charge to, any veteran, the surviving spouse or next of kin of the veteran, service officers of any veterans organization chartered by the Congress of the United States, or the Department of Veterans Affairs, for use in the presentation of claims to the United States Veterans Administration or in connection with any veterans organization or the Department of Veterans Affairs. The word "veteran" as used in this section means any man or woman who is a veteran as defined in section 197.447, and who is a citizen of the United States or resident alien. • Subd. 2.Payment of fees. • When the salary of the officer issuing a certified copy under this section consists in whole or in part of fees authorized by law, the officer's governmental subdivision shall pay the officer the legal fee therefor, and the governing body thereof is authorized and directed to order such payment made from the general revenue funds thereof.

9. Tangible interest Do step children have tangible interest in a step parent’s birth or death certificate? No.

10. Tangible interest If a requester comes in and says he is the father of the child but is not on the birth record, can you issue the record? • Only if a certified copy of a paternity court order showing he is the father of the child is presented.

11. Tangible interest Does a great grandchild of a subject have tangible interest in the subject’s birth or death record? Yes.

12. Tangible interest If a requester checks the following tangible interest: I have documentation that the record is necessary for the determination or protection of personal or property rights, can a local issuance office issue the record without state approval? Yes, if the requester presents “proof” that the record is necessary. When determining whether or not the record is necessary, the following must be considered: • the extent and type of documentation presented • the ability to authenticate the documentation • if issuing the certificate is prohibited by law • if there is evidence of fraud or the intent to commit fraud • the impact of the issuance on the use of the record as a legal document

13. Tangible interest What does this mean? It means the document the requester presents as proof should show the following: • the name of the requesting entity • the name of the subject or decedent • the name of the requester • why a certified copy of the record is needed

14. Tangible interest Examples of documents used to prove the record is needed for the determination or protection of personal or property rights: • application and promissory note • investigator agreement/contract • copy of savings bond with the co-ownership listed • letter from a company which includes a policy number or account number • student loan application from the entity that issued the loan

15. Tangible interest • letter from the Social Security Administration (SSA) addressed to the ex-spouse requiring that he/she obtain a birth or death record of the ex- spouse • Probate Court Petition of Commitment/Probate Court Order for Hearing • letter from an agency handling estate matters, addressed to the applicant • letter from the Consulate General with an affixed seal • document showing joint tenancy on property ownership

18. Acceptable ID Minnesota Rules, part 4601.2600, subpart 5 • When requesting a birth or death certificate, an applicant must provide a completed application and provide documentation of their identity. The identity document (ID) must: • include the applicant’s signature • include either a photograph or a physical description • be able to be authenticated with the issuing entity if needed • not have been issued so long ago that it no longer identifies the applicant

19. Acceptable id Minnesota Rules part 4601.2600, subpart 8 lists acceptable identity documents (ID). The acceptable IDs must be unexpired and are: • driver’s licenses (learner’s permits are not acceptable) • state ID cards • government employee ID cards • aircraft pilot’s licenses • United States military ID cards • United States passports

20. Acceptable id For an applicant who is not a registrant: • unexpired Canadian passport, or • unexpired passport from another jurisdiction, with: • a United States Citizenship and Immigration Services I-94 form attached; or • an unexpired I-551 stamp; or One of the following issued by the United States DOJ or CIS: • Naturalization certificate • Certificate of citizenship • United States citizen ID card • Valid permanent resident or resident alien card • Northern Mariana card • American Indian card • Unexpired employment authorization document • Unexpired reentry permit/refugee travel document

21. Acceptable id Minnesota Rules part 4601.2600, subpart 9, item A states that a registrar may accept a document not listed above, but it must meet the requirements of subpart 5. Minnesota Rules part 4601.2600, subpart 9, item B states that the following ID types may be accepted if the identity of the document is known to be reliable and valid in the county where application is made: • business or industrial ID card • school or college ID card

22. Acceptable id Is a clipped driver’s license okay to use for identification purposes? • yes • accompanied by paperwork showing the applicant has requested a new driver’s license.

23. Acceptable ID Is a Mexican Matricula Consular ID card acceptable identification from an applicant? • yes • Minnesota Rules, part 4601.2600, subpart 9, item A.

24. Unacceptable ID examples • Sovereign citizen • Moorish national

25. Tangible interest and acceptable id