§ 4999. Definitions
As used in this part:
(1) “Issuing agent” means a town clerk or duly authorized representative of the State
Registrar who issues certified and noncertified copies of birth and death certificates
from the Statewide Registration System.
(2) “Licensed health care professional” means a physician, a physician assistant, or an
advanced practice registered nurse. As used in chapter 107 of this part only, the
term also includes a naturopathic physician.
(3) “Municipality” or “town” means a city, town, village, unorganized town or gore, or
town or gore within the unified towns and gores of Essex County.
(4) “Noncertified copy” means a copy of a vital event certificate issued by a public agency
as defined in 1 V.S.A. § 317, other than a certified copy.
(5) “Office of Vital Records” means an office of the Department of Health responsible
for the Statewide Registration System and with the authority over vital records provided
by law.
(6) “Registrant” means the individual who is the subject of a vital event certificate.
(7) “Statewide Registration System” or “System” means:
(A) the sole official repository of data from birth and death certificates registered
on or after January 1, 1909; and
(B) such other data related to vital records as the State Registrar may prescribe.
(8) “Town clerk” or “municipal clerk” or “clerk” means a town clerk, a city clerk, a county
clerk acting on behalf of an unorganized town or gore, or the supervisor of the unified
towns and gores of Essex County, or a town official or employee designated by the
same to act on his or her behalf.
(9) “Vital event certificate” means a birth, death, marriage, or civil union certificate
or a report of divorce, annulment, or dissolution. “Vital event certificate” does
not include any confidential portion of a report of birth or of death or of a marriage
or civil union license or application.
(10) “Vital record” means:
(A) a report of birth, death, fetal death, or induced termination of pregnancy or a preliminary
report of death;
(B) a vital event certificate;
(C) a marriage or civil union license;
(D) a burial-transit permit; and
(E) any other records associated with the creation, registration, processing, modification,
or disclosure of the records described in this subdivision (10). (Added 2017, No. 46, § 1, eff. July 1, 2019; amended 2023, No. 6, § 154, eff. July 1, 2023; 2023, No. 158 (Adj. Sess.), § 2a, eff. June 6, 2024; 2025, No. 20, § 7, eff. May 13, 2025.)
§ 5000. State Registrar; duties; authority; Statewide Registration System; issuing agents
(a) The Commissioner shall designate a member of the Department as the State Registrar.
The State Registrar shall head the Office of Vital Records and shall provide consultation
to town clerks, hospital personnel, licensed health care professionals, midwives,
funeral directors, clergy, probate judges, and all other persons involved in vital
records for the purpose of promoting uniformity of procedures in order to promote
the complete, accurate, timely, and lawful creation, registration, processing, modification,
and disclosure of vital records.
(b) The Commissioner may exercise any authority granted to or fulfill any duties conferred
on the State Registrar under this part or any other provision of law related to vital
records, and the State Registrar may delegate the exercise of his or her authority
or the performance of his or her duties to a duly authorized representative.
(c)(1) The State Registrar shall operate the Statewide Registration System, which shall be
the sole official repository of data from birth and death certificates registered
on or after January 1, 1909. However, nothing in this part shall be construed to
preclude town clerks or other issuing agents from printing from the System and maintaining
for public inspection noncertified copies of birth and death certificates. The State
Registrar shall create and maintain an index that, at a minimum, will enable the public
to search contents of the System by the name of the registrant and by the date of
the vital event.
(2) On and after July 1, 2019:
(A) upon registration of a birth or death in the Statewide Registration System, the System
shall automatically notify the town clerk of the town of occurrence and the town clerk
of residence of the registrant;
(B) upon the correction or amendment of a birth or death certificate registered in the
System, or upon issuance of a new birth certificate to replace a birth certificate
registered in the System, the System shall automatically notify the town clerk of
the town of occurrence and the town clerk of residence of the registrant.
(3) Birth and death certificates registered prior to January 1, 1909:
(A) shall not be incorporated into the Statewide Registration System;
(B) shall be maintained at the offices of town clerks as specified in section 5007 of this title; and
(C) shall not be eligible for amendment under this part.
(4) The State Registrar shall investigate and attempt to resolve any known discrepancy
between the contents of a vital event certificate in the custody of the State Registrar
and a vital event certificate maintained in the office of a town clerk. In addition,
the State Registrar shall have the authority to change the contents of a birth or
death certificate in the System in order to address a known error or to conform the
certificate to the requirements of a court order. The State Registrar shall record
and maintain in the System the nature and content of a change made in the System,
the identity of the person making the change, and the date of the change.
(5) Except as authorized under subdivision 5073(a)(3) of this title, and except for corrections, completions, or amendments to address known errors or
omissions, the State Registrar shall deny any application under this part requesting
a correction, completion, or amendment of a birth or death certificate in order to
change a name, and shall change a name only in accordance with a court order.
(d)(1) Except as provided in subdivision (2) of this subsection, town clerks in the State
shall aid in the efficient administration of the Statewide Registration System and
shall act as agents to issue copies of birth and death certificates from the Statewide
Registration System in accordance with section 5016 of this title.
(2) By filing a written notice with the State Registrar, a town clerk may opt out of serving
as an issuing agent.
(e) The State Registrar shall, consistent with the requirements of this part:
(1) administer the Statewide Registration System and fulfill the duties assigned to him
or her under this part;
(2) provide for the preservation and security of the official records of the Office of
Vital Records, and for the matching of birth and death records in order to prevent
the fraudulent use of birth and death certificates of deceased persons;
(3) promote uniformity of policy and procedures pertaining to vital records and vital
statistics throughout the State;
(4) prescribe the contents and form of vital record reports, vital event certificates,
and related applications and documents; prescribe the contents and form of burial-transit
permits; and distribute the same;
(5) maintain a Vital Records Alert System in order to track and prevent misrepresentation,
fraud, or illegal activities in connection with vital records;
(6) implement audit and quality control procedures as necessary to ensure compliance with
vital records filing and reporting requirements;
(7) prescribe:
(A) the contents and form of applications for a certified copy of a birth or death certificate
after consultation with the Vermont Municipal Clerks’ & Treasurers’ Association;
(B) the manner in which vital records required to be submitted to him or her shall be
submitted;
(C) physical requirements and security standards for storage of vital event certificates
and related supplies, after consideration of best practices issued by state and federal
law enforcement and public health organizations;
(D) the manner in which the Department of Public Safety shall furnish lists of missing
and kidnapped children to the State Registrar; and
(E) procedures governing the public’s inspection of birth and death certificates, if necessary
to protect the integrity of the certificates or to deter fraud;
(8) adopt rules governing:
(A) acceptable content and limitations on the number of characters on a birth certificate;
(B) acceptable forms of identification required in connection with applications for certified
copies of birth and death certificates; and
(C) the process for denying a certified copy of a birth or death certificate based on
a Vital Records Alert System match or evidence of fraud or misrepresentation, notifying
affected persons of the denial, and investigating and resolving the issue identified.
(f) The State Registrar may adopt rules as may be necessary to carry out his or her duties
under this part. (Added 1979, No. 142 (Adj. Sess.), § 23; amended 2017, No. 46, § 2, eff. July 1, 2019 and § 3, eff. May 22, 2017 and July 1, 2019.)
§ 5001. Duties of custodians
(a) Beginning on January 1, 2010, all certified copies of vital event certificates shall
be issued on unique paper with antifraud features approved by the State Registrar
and available from the Office of Vital Records.
(b) Town custodians of vital event certificates shall ensure that the following are stored
in a fireproof safe or vault:
(1) blank copies of antifraud paper;
(2) original vital event certificates; and
(3) such other records or materials as the State Registrar may prescribe.
(c)(1) The State Registrar may audit any municipal or county office that stores or issues
vital records to determine its compliance with the requirements of this part and any
rules adopted under this part. The State Registrar may require an office that fails
an audit to cease issuing vital records until it passes a new audit.
(2) Following a failed audit, upon request, the State Registrar shall conduct a follow-up
audit within 30 days after the request. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1965, No. 112, § 2, eff. Jan. 1, 1966; 1969, No. 265 (Adj. Sess.), § 3; 1999, No. 91 (Adj. Sess.), § 6; 2007, No. 110 (Adj. Sess.), § 2; 2017, No. 46, § 4, eff. July 1, 2019; 2023, No. 6, § 155, eff. July 1, 2023.)
§ 5002. Report of vital statistics; preservation of records; authority to issue
The State Registrar shall prepare an annual vital statistics report summarizing reports
or returns of births, marriages, deaths, fetal deaths, divorces, annulments, and dissolutions
received in the prior calendar year. The State Registrar shall periodically transmit
original returns of marriages, divorces, annulments, and dissolutions to the State
Archivist, who shall keep the returns on file for use by the public. The State Registrar
and the State Archivist shall each, independently of the other, have power to issue
certified copies of vital event certificates in their custody. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1969, No. 265 (Adj. Sess.), § 4; 1979, No. 56, § 7; 1999, No. 91 (Adj. Sess.), § 7; 2007, No. 96 (Adj. Sess.), § 7; 2017, No. 46, § 5, eff. July 1, 2019.)
§ 5003. Materials for issuing agents
The State Registrar shall procure and send to issuing agents materials as may be necessary
for the issuance of vital event certificates. (Amended 2017, No. 46, § 6, eff. July 1, 2019.)
§ 5004. Family Division of the Superior Court; divorce and dissolution returns
The Family Division of the Superior Court shall send to the State Registrar, before
the 10th day of each month, by county, a report of the number of divorces and dissolutions
that became absolute during the preceding month, showing as to each the names of the
parties, date of civil marriage or civil union, number of children, grounds for divorce
or dissolution, and such other statistical information available from the Family Division
as may be required by the State Registrar. (Amended 1965, No. 112, § 3, eff. Jan. 1, 1966; 1966, No. 3 (Sp. Sess.); 1979, No. 142 (Adj. Sess.), § 1; 1999, No. 91 (Adj. Sess.), § 8; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 46, § 19, eff. July 1, 2019.)
§ 5005. Unorganized towns and gores
The county clerk of a county where an unorganized town or gore is situated shall have
the authority, perform the duties, and be subject to the penalties prescribed in this
part in relation to vital records with respect to residents of the unorganized town
or gore. (Amended 1999, No. 91 (Adj. Sess.), § 9; 2017, No. 46, § 7, eff. July 1, 2019.)
§ 5006. Vital event information published in town reports
Town clerks or auditors may publish in the annual town report nonconfidential information
and statistics concerning births, marriages, and deaths of residents during the preceding
calendar year. Upon request, the State Registrar shall furnish a town clerk such information
and statistics. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1979, No. 142 (Adj. Sess.), § 2; 1999, No. 91 (Adj. Sess.), § 10; 2017, No. 46, § 8, eff. July 1, 2019.)
§ 5007. Preservation of records
A town clerk shall receive, number, and file for record certificates of marriages
and burial-transit permits returned to the clerk. A town clerk shall permanently preserve
at the office of the clerk birth and death certificates registered prior to July 1,
2019 and marriage and civil union certificates. (Amended 1969, No. 265 (Adj. Sess.), § 5; 1979, No. 142 (Adj. Sess.), § 3; 1999, No. 91 (Adj. Sess.), § 11; 2017, No. 46, § 9, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.4, eff. July 1, 2019.)
§ 5008. Town clerk; recording and indexing procedures
A town clerk shall file for record and index in volumes all marriage certificates
and burial-transit permits received by the town. Each volume or series shall contain
an alphabetical index. Civil marriage certificates shall be filed for record in one
volume or series, civil union certificates kept in another, and burial-transit permits
in another, except that in a town having less than 500 inhabitants, the town clerk
may cause civil marriage, civil union, and burial-transit permits to be filed for
record in one volume. (Amended 1969, No. 265 (Adj. Sess.), § 6; 1979, No. 142 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), § 12; 2007, No. 96 (Adj. Sess.), § 8; 2009, No. 91 (Adj. Sess.), § 16, eff. May 6, 2010; 2017, No. 46, § 10, eff. July 1, 2019.)
§ 5009. Certified copies to town of residence
On the first day of each month, the town clerk shall make a certified copy of each
original, corrected, or amended civil marriage certificate or amended civil union
certificate filed in the clerk’s office during the preceding month, whenever a party
to a civil marriage or a civil union was a resident in any other Vermont town at the
time of the civil marriage or civil union, and shall transmit the certified copy to
the clerk of the other Vermont town, who shall file the same. (Amended 1979, No. 142 (Adj. Sess.), § 5; 1999, No. 91 (Adj. Sess.), § 13; 2017, No. 46, § 11, eff. July 1, 2019.)
§ 5010. Transmittal of marriage certificates
The town clerk of each town shall each week transmit to the State Registrar copies,
duly certified, of each marriage certificate filed in the town in the preceding week. (Amended 1969, No. 265 (Adj. Sess.), § 7; 1979, No. 142 (Adj. Sess.), § 6; 1999, No. 91 (Adj. Sess.), § 14; 2017, No. 46, § 12, eff. July 1, 2019.)
§ 5011. Penalty
(a) A town clerk who fails to transmit copies of marriage certificates as provided in
section 5010 of this title shall be fined not more than $100.00.
(b) The Commissioner or a hearing officer designated by the Commissioner may, after notice
and an opportunity for a hearing, impose a civil administrative penalty of not more
than $250.00 against a person who fails to perform a duty imposed or violates a prohibition
under this part. A hearing under this subsection shall be a contested case subject
to the provisions of 3 V.S.A. chapter 25, and the provisions of 3 V.S.A. §§ 809(h), 809a, and 809b related to subpoenas shall extend to the Commissioner, a hearing officer appointed
by the Commissioner, and licensed attorneys representing a party. (Amended 1969, No. 265 (Adj. Sess.), § 8; 1999, No. 91 (Adj. Sess.), § 15; 2017, No. 46, § 13, eff. July 1, 2019.)
§ 5012. Town clerk to provide general index; marriages and civil unions
Except as provided by 24 V.S.A. § 1153, town and county clerks shall prepare and keep a general index to the marriage and
civil union records, in alphabetical order and in the following forms, respectively:
Book
1
|
Page
1
|
Groom to Bride
A. to B.
|
Date
|
Book
1
|
Page
1
|
Bride to Groom
B. to A.
|
Date
|
| Book |
Page |
Groom to Bride |
Date |
Book |
Page |
Bride to Groom |
Date |
| 1 |
1 |
A. to B. |
|
1 |
1 |
B. to A. |
|
| Book |
Page |
Party to Party |
Date |
Book |
Page |
Party to Party |
Date |
| 1 |
1 |
A. to B. |
|
1 |
1 |
B. to A. |
|
| Book |
Page |
Party to Party |
Date |
Book |
Page |
Party to Party |
Date |
| 1 |
1 |
A. to B. |
|
1 |
1 |
B. to A. |
|
(Amended 1999, No. 91 (Adj. Sess.), § 16.)
§ 5013. Repealed. 2017, No. 46, § 14, eff. July 1, 2019.
§ 5014. Confidentiality
(a)(1) A vital record, or information in a vital record, that by law is designated confidential
or by a similar term, that by law may only be disclosed to specifically designated
persons, or that by law is not a public record, is exempt from inspection and copying
under the Public Records Act and shall be kept confidential to the extent provided
by law.
(2) Records or information described in subdivision (1) of this subsection may be disclosed:
(A) for public health or research purposes in accordance with law;
(B) to a regulatory or law enforcement agency for enforcement purposes, if the agency
has agreed to accept the terms of an agreement with the Office of Vital Records governing
use and confidentiality of the information;
(C) to the vital records office of another state, if the subject of the vital record was
a resident of the other state at the time of the vital event that led to creation
of the record; or
(D) in a summary, statistical, or other format in which particular individuals are not
identified directly or indirectly.
(b)(1) Except as otherwise provided in subdivision (a)(2) of this section and subdivision
(2) of this subsection, the following information is exempt from public inspection
and copying under the Public Records Act; shall be kept confidential; and, in any
civil action, shall not be subject to discovery or subpoena or be admissible:
(A) Social Security information and information collected only for medical and health
purposes in reports of birth;
(B) Social Security numbers in reports of death or in preliminary reports of death;
(C) prior marriage and legal guardianship information and elections to dissolve a civil
union in a marriage or civil union license or license application;
(D) such other information contained in a vital record as the State Registrar may designate
through a rule adopted pursuant to 3 V.S.A. chapter 25, but only if the designation
is necessary to protect the privacy of an individual.
(2) The person who is the subject of the record or his or her authorized representative
shall be entitled to obtain a copy of the information.
(c) Information in or received from the Vital Records Alert System is exempt from public
inspection and copying under the Public Records Act and shall be kept confidential,
except that, in addition to the exceptions to confidentiality provided in subdivision
(a)(2) of this section, such information may be shared with an issuing agent in order
to correct and prevent mistakes and criminal activity. (Added 2017, No. 46, § 15, eff. July 1, 2019; amended 2023, No. 6, § 156, eff. July 1, 2023.)
§ 5015. Repealed. 2017, No. 46, § 16, eff. July 1, 2019.
§ 5016. Birth and death certificates; copies; inspection
(a) Access and issuance generally.
(1) Except as provided in subdivisions (2) and (3) of this subsection:
(A) only the State Registrar and issuing agents may issue certified copies of birth and
death certificates registered before July 1, 2019, and such certificates shall only
be issued from the Statewide Registration System; and
(B) only the State Registrar and issuing agents may issue certified or noncertified copies
of birth and death certificates registered on or after July 1, 2019, and such certificates
shall only be issued from the Statewide Registration System.
(2) Copies of birth and death certificates registered prior to January 1, 1909 shall not
be issued from the Statewide Registration System. Any town clerk may issue a certified
copy of a pre-1909 birth or death certificate, provided he or she fulfills the requirements
of subsection (b) of this section and such additional requirements as the State Registrar
may prescribe as necessary to track antifraud paper used to produce such copies.
(3) A certified or noncertified birth or death certificate shall only be issued as authorized
and prescribed in this section, except that in either of the following circumstances,
a public agency may issue a noncertified copy even if it does not follow the requirements
of this section governing noncertified copies:
(A) if the public agency is an agency other than the Office of Vital Records, the Vermont
State Archives and Records Administration, or the office of a town or county, and
the public agency has custody of a birth or death certificate acquired in the course
of its business; or
(B) if the birth or death certificate was filed in the records of a town or county office,
such as land records, for a reason unrelated to its official role under law as a repository
of registered birth or death certificates.
(4) The word “illegitimate” shall be redacted from any certified or noncertified copy
of a birth certificate.
(5) If necessary to prevent fraud, the State Registrar may limit the issuance of a certified
or noncertified copy of a certificate of live birth for a foreign born child in the
same manner as copies of birth certificates are limited under this section.
(6) The State Registrar may authorize the issuance of certified birth or death certificates
to public agencies, as defined in 1 V.S.A. § 317, for official purposes.
(b) Certified copies.
(1) The State Registrar and issuing agents may issue certified copies of birth and death
certificates only upon receipt of a complete application accompanied by a form of
identification prescribed in rules adopted by the State Registrar. The State Registrar
and issuing agents shall record in a database maintained by the State Registrar any
application received.
(2) Only the following persons shall be eligible for a certified copy of a birth or death
certificate:
(A) the registrant or his or her spouse, child, grandchild, parent, sibling, grandparent,
or guardian; a person petitioning to open a decedent’s estate; a court-appointed executor
or administrator; or the legal representative of any of these;
(B) a specific person pursuant to a court order finding that a noncertified copy is not
sufficient for the applicant’s legal purpose and that a certified copy of the birth
or death certificate is needed for the determination or protection of a person’s right;
(C) an employee of a public agency authorized by the State Registrar as provided in subdivision
(a)(6) of this section; or
(D) in the case of a death certificate only, additionally to:
(i) the individual with authority for final disposition as provided in section 5227 of this title or a funeral home or crematorium acting on the individual’s behalf;
(ii) the Social Security Administration;
(iii) the U.S. Department of Veterans Affairs; or
(iv) the deceased’s insurance carrier, if such carrier provides benefits to the decedent’s
survivors or beneficiaries.
(3) Certified copies of birth and death certificates shall be issued only on unique paper
with antifraud features approved by the State Registrar.
(4) A certified copy of a birth or death certificate shall be prima facie evidence of
the facts stated in the certificate.
(c) Noncertified copies.
(1) Form. A noncertified copy of a birth or death certificate issued from the Statewide Registration
System shall indicate the term “Noncertified” on its face and shall not be issued
on antifraud paper.
(2) Legal effect. A noncertified copy of a birth or death certificate shall not serve as prima facie
evidence of the facts stated in the certificate, except that it may be recorded in
the land records of a municipality to establish the date of birth or death of a person
with an ownership interest in property.
(d) Inspection. In addition to the provisions of the Public Records Act, the State Registrar may prescribe
procedures governing the inspection of birth and death certificates if necessary to
protect the integrity of the certificates or to prevent fraud. (Added 2018, No. 11 (Sp. Sess.), § I.5, eff. July 1, 2019; amended 2021, No. 15, § 1; 2023, No. 6, § 157, eff. July 1, 2023.)
§ 5017. Fees for copies
(a) For a certified copy of a vital event certificate, the fee shall be $10.00.
(b) The State Registrar shall waive the fee for certified copies of vital event certificates
issued to:
(1) an individual attesting to a lack of fixed, regular, and adequate nighttime residence;
and
(2) an individual between 18 and 24 years of age who resided in a foster home or residential
child care facility between 16 and 18 years of age pursuant to placement by a child-placing
agency. (Added 2017, No. 46, § 18, eff. July 1, 2019; amended 2023, No. 144 (Adj. Sess.), § 15, eff. July 1, 2024.)
§ 5018. Repealed. 1979, No. 142 (Adj. Sess.), § 26.
§ 5019. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.
§ 5020. Recodified. 2017, No. 46, § 2, effective July 1, 2018.