Section 4174. Records; transcripts and certifications by commissioner; fees

1. The commissioner or any person authorized by him shall:
    (a)  upon request, issue to any applicant either a certified copy or a
  certified transcript of the record of any  death  registered  under  the
  provisions  of  this chapter (1) when a documented medical need has been
  demonstrated, (2) when a documented need to establish a legal  right  or
  claim  has  been demonstrated, (3) when needed for medical or scientific
  research approved by the commissioner, (4) when needed  for  statistical
  or  epidemiological  purposes  approved  by  the  commissioner, (5) upon
  specific request by municipal, state or federal agencies for statistical
  or official purposes, (6) upon specific request of the spouse, children,
  or parents of the deceased or the lawful representative of such persons,
  or (7) pursuant to the order of a court of competent jurisdiction  on  a
  showing  of  necessity; except no certified copy or certified transcript
  of a death record shall be subject to disclosure under  article  six  of
  the public officers law;
    (b)   issue   certified  copies  or  certified  transcripts  of  birth
  certificates only (1) upon order of a court of  competent  jurisdiction,
  or  (2)  upon specific request therefor by the person, if eighteen years
  of age or more, or by a parent or other  lawful  representative  of  the
  person,  to  whom  the  record  of  birth  relates, or (3) upon specific
  request therefor by a department of a state or the federal government of
  the United States;
    (c) upon request, issue a wallet-size certification  of  birth,  in  a
  form  and  bearing a design provided by the commissioner. Each applicant
  for a wallet-size certification of birth shall remit to the commissioner
  with such application, a fee determined by the department;
    (d) upon request, issue certification of birth or death unless in  his
  judgment  it  does  not  appear to be necessary or required for a proper
  purpose;
    (e) furnish non-identifiable statistical  information  in  tabular  or
  machine  readable  format  for research activities if satisfied that the
  same  is  required  for  a  proper  purpose,  and  the  commissioner  is
  authorized  to  fix  and  to  require  payment  of  a  fee sufficient to
  compensate  the  state  for  the  expense  of  providing  the  requested
  information;
    (f)  be  deemed  to  have  complied  with the applicable provisions of
  paragraphs (a) and  (b)  of  this  subdivision  by  the  issuance  of  a
  certified  transcript  of the desired certificate or record instead of a
  certified copy thereof except where the requester  shall  show,  to  the
  satisfaction  of  the  commissioner  or his authorized representative, a
  demonstrated need for such  certified  copy,  or  where  a  court  order
  rendered pursuant to the provisions of paragraph (b) of this subdivision
  contains  an express recital or direction therein that the issuance of a
  certified transcript of  such  certificate  or  record  in  place  of  a
  certified  copy  thereof  shall  not  be  considered to be in compliance
  therewith;
    (g) upon request of a  board  of  elections,  issue  certification  of
  death.
    2.  Each  applicant for a certification of birth or death, certificate
  of birth data or for a certified copy or certified transcript of a birth
  or death certificate or certificate of birth data  shall  remit  to  the
  commissioner  with  such  application a fee of thirty dollars in payment
  for the search of  the  files  and  records  and  the  furnishing  of  a
  certification,  certified copy or certified transcript if such record is
  found or for a certification that a search  discloses  no  record  of  a
  birth or of a death.

    3.  For  any  search of the files and records conducted for authorized
  genealogical or  research  purposes,  the  commissioner  or  any  person
  authorized  by  him shall be entitled to, and the applicant shall pay, a
  fee of twenty dollars for each hour or fractional part  of  an  hour  of
  time  of search, together with a fee of two dollars for each uncertified
  copy or abstract of such record requested by  the  applicant  or  for  a
  certification that a search discloses no record.
    4.  No  fee shall be charged for a search, certification, certificate,
  certified copy or certified transcript of a record to be used for school
  entrance, employment certificate or for purposes  of  public  relief  or
  when  required  by the veterans administration to be used in determining
  the eligibility of any  person  to  participate  in  the  benefits  made
  available  by the veterans administration or when required by a board of
  elections for the purposes of determining voter eligibility.
    5. (a) The United States social  security  administration  may  obtain
  information  from  death  certificates  needed  in the administration of
  old-age and survivors insurance benefits laws, subject to the provisions
  of  any  contract  entered  into  pursuant  to  paragraph  (b)  of  this
  subdivision.
    (b)  In  addition,  the  commissioner  or any person authorized by the
  commissioner is authorized and directed to  enter  into  a  contract  to
  furnish  the  federal secretary of health and human services information
  concerning individuals with respect to whom death certificates have been
  officially filed with the commissioner. Such contract shall not  include
  any  restriction  on  the  use of information obtained by such secretary
  pursuant to such contract, except that such contract  may  provide  that
  such  information  is  only  to  be  used by the secretary (or any other
  federal agency) for purposes of ensuring that federal benefits or  other
  payments are not erroneously paid to deceased individuals.
    6.  The  federal agency in charge of vital statistics may obtain, at a
  fee acceptable to the commissioner, information  from  birth  and  death
  certificates for use solely as statistical data.
    7. Except as herein otherwise provided, the commissioner is authorized
  to  establish  rules  and  regulations  whereby searches may be made and
  certifications, certified copies and certified transcripts of birth  and
  death   certificates  furnished  without  fees  to  federal,  state  and
  municipal departments for official purposes.
    8. The commissioner, the commissioner of health of  the  city  of  New
  York,  or  any person authorized by the commissioner having jurisdiction
  shall immediately notify the division of criminal  justice  services  in
  the  event  that a copy of a birth certificate or information concerning
  the birth records of any person whose  record  is  flagged  pursuant  to
  paragraph (i) of subdivision two of section four thousand one hundred of
  this  article  is  requested.    In  the  event that a copy of the birth
  certificate of a person whose record  is  so  flagged  is  requested  in
  person, the personnel accepting the request shall immediately notify his
  or  her  supervisor. The person making the request shall complete a form
  as prescribed by the commissioner or, in  the  city  of  New  York,  the
  commissioner  of health of the city of New York, which shall include the
  name, address and telephone numbers and social security  number  of  the
  person  making  the  request.  A motor vehicle operator's license, or if
  such  license  is  not  available,  such  other  identification  as  the
  commissioner,  or  in  the city of New York, the commissioner of the New
  York city department of health, determines to be  satisfactory,  of  the
  person  making  the request shall be presented, shall be photocopied and
  returned to him or her. The person receiving the request shall note  the
  physical  description  of  the  person making the request and his or her
  supervisor shall immediately notify the local law enforcement  authority

  as  to  the  request  and  the  information  obtained  pursuant  to this
  subsection. When a copy of the  birth  certificate  of  a  person  whose
  record  has  been  flagged  is requested in writing, the law enforcement
  authority  having  jurisdiction  shall be notified as to the request and
  shall be provided with a copy of  the  written  request.  The  registrar
  shall retain the original written response.
    9. The commissioner may institute an additional fee of fifteen dollars
  for   priority  handling  for  each  certification,  certified  copy  or
  certified transcript of certificates of birth, death, or dissolution  of
  marriage;   or   fifteen   dollars   for   priority  handling  for  each
  certification, certified copy or certified transcript of certificate  of
  marriage.