Section 17-169. Certified copies of records of birth, fetal death, and death; certificates of birth  


Latest version.
  • a.  Upon  request the department shall issue a  certified copy of the birth record or a certification of birth under the
      following conditions:
        1. A certified copy of the record of birth shall be issued  only  upon
      order  of  a  court of competent jurisdiction or upon a specific request
      therefor by the person, if eighteen years of age or more, or by a parent
      or to the legal representative of the person to whom the record of birth
      relates or by an attorney of law authorized in writing by the person  if
      of  the  age  of  eighteen  years  or  over  to whom the record of birth
      relates. The department may issue a certified copy of a birth record for
      official use upon the request of a department, agency, or officer of any
      state government or subdivision thereof or the United States government.
        2. Upon request in all other cases, a certification of birth shall  be
      issued  by  the  department unless it does not appear to be necessary or
      required for a proper purpose. A certification of  birth  shall  contain
      only  the name, sex, date of birth and place of birth and date of filing
      in the department of the original certificate of birth of the person  to
      whom  it  relates, and if upon request by, or on behalf of the person to
      whom it relates, or by a parent or legal representative of such  person,
      the  name  or  names  of  the  parent  or parents listed on the original
      certificate of birth, and none of the other data on the record of birth.
      Whenever a certification of birth may be  issued,  the  department  may,
      upon  request, issue a wallet-size certification of birth, in a form and
      bearing a design provided  by  the  department.  Each  applicant  for  a
      wallet-size  certification  of  birth shall remit to the department with
      such application, a fee determined by the department.
        b. A transcript of a record of fetal death, or death, upon such  forms
      as  the  department shall prescribe, shall be issued upon request unless
      it does not appear to be necessary or required for a proper purpose. The
      board may prescribe reasonable fees for  searches  made  of  records  of
      birth,  fetal  death, or death, and the usual fees for copies of records
      to be paid for certifications of birth and for transcripts of records of
      birth, fetal death, or death, and in what cases the payment of fees  may
      be waived.
        c.  The  United  States  department  of  health and human services may
      obtain, without expense to the city, transcripts of  records  of  birth,
      fetal  deaths and deaths without payment of fees here prescribed for use
      solely as statistical data. Any copy of the record  of  a  birth,  fetal
      death,  or  death,  or  any  certificate  of  registration  of birth, or
      certification of birth, when properly certified by the  commissioner  or
      persons  authorized  to  act for such commissioner, shall be prima facie
      evidence of the facts therein stated, in all courts, and places, and  in
      all  actions,  proceedings  or applications, judicial, administrative or
      otherwise,  and  any  such  certificate  of  registration  of  birth  or
      certification  of birth shall be accepted with the same force and effect
      with respect to the facts therein stated as the original birth record or
      a certified copy thereof.
        d. Notwithstanding any other provision of law, any person born in  the
      city  of  New  York  being  released  from a New York state correctional
      facility shall, prior to release, be provided by the department,  at  no
      cost to such person, a certified copy of his or her birth certificate to
      be  used for any lawful purpose; provided that such person has requested
      a copy of his or her birth certificate at least ninety days prior to his
      or her  release,  from  the  (a)  department,  or  (b)  New  York  state
      department of correctional services and the New York state department of
      correctional  services  has submitted such request to the department. No
    
      person shall receive more than  one  birth  certificate  without  charge
      pursuant to this subdivision.