Ind. Code ch. 16-37-1

Ind. Code ch. 16-37-1
in effect

Ind. Code § 16-37-1-1 Administration; guidelines

Sec. 1. (a) The state department shall provide a system of vital statistics for Indiana to be administered by a division of the state department. (b) The state department shall provide to the local vital records offices guidelines concerning the interpretation of laws and the state department's rules concerning vital statistics to assure uniform application of the state laws and rules. [Pre-1993 Recodification Citation: 16-1-15-1.] As added by P.L.2-1993, SEC.20. Amended by P.L.138-2019, SEC.3.

Ind. Code § 16-37-1-2 State registrar; duties

Sec. 2. The employee in charge of the division of the state department administering the system of vital statistics shall be known as the state registrar and shall do the following: (1) Keep the files and records pertaining to vital statistics. (2) Perform the duties prescribed by the state department. (3) Perform the duties required under IC 10-13-5-11. (4) Administer the putative father registry established by IC 31-19-5-2. (5) Maintain records of paternity determinations as provided by IC 31-14-9. [Pre-1993 Recodification Citation: 16-1-15-4.] As added by P.L.2-1993, SEC.20. Amended by P.L.100-1994, SEC.1; P.L.1-1997, SEC.90; P.L.2-2003, SEC.54.

Ind. Code § 16-37-1-3 State department duties; rules

Sec. 3. The state department shall do the following: (1) Prescribe the information to be contained in each kind of application, certificate, report, or permit required by this article. (2) Adopt rules under IC 4-22-2 for the following: (A) Collecting, transcribing, compiling, and preserving vital statistics. (B) The form, execution, filing, and recording of paternity affidavits executed under IC 16-37-2-2.1. [Pre-1993 Recodification Citation: 16-1-15-5.] As added by P.L.2-1993, SEC.20. Amended by P.L.46-1995, SEC.60; P.L.133-1995, SEC.11.

Ind. Code § 16-37-1-3.1 Indiana birth registration and Indiana death registration systems established; submission of records

Sec. 3.1. (a) The state department shall establish the Indiana birth registration system (IBRS) for recording in an electronic format live births in Indiana. (b) The state department shall establish the Indiana death registration system (IDRS) for recording in an electronic format deaths in Indiana. (c) Submission of records on births and deaths shall be entered by: (1) funeral directors; (2) physicians; (3) coroners; (4) medical examiners; (5) persons in attendance at birth; (6) local health departments; and (7) for purposes of records on death: (A) physician assistants; or (B) advanced practice registered nurses; using the electronic system created by the state department under this section. (d) A person in attendance at a live birth shall report a birth to the local health officer in accordance with IC 16-37-2-2. (e) Except as provided in subsections (f) and (g), death records shall be submitted as follows, using the Indiana death registration system: (1) The: (A) physician last in attendance upon the deceased; (B) physician assistant last in attendance upon the deceased; (C) advanced practice registered nurse last in attendance upon the deceased; or (D) person in charge of interment; shall initiate the document process. If the person in charge of interment initiates the process, the person in charge of interment shall electronically submit the certificate required under IC 16-37-3-5 to the physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased not later than five (5) days after the death. (2) The physician, the physician assistant, or the advanced practice registered nurse last in attendance upon the deceased shall electronically certify to the local health department the cause of death on the certificate of death not later than five (5) days after: (A) initiating the document process; or (B) receiving under IC 16-37-3-5 the electronic notification from the person in charge of interment. (3) The local health officer shall submit the reports required under IC 16-37-1-5 to the state department not later than five (5) days after electronically receiving under IC 16-37-3-5 the completed certificate of death from the physician, the physician assistant, or the advanced practice registered nurse last in attendance. (f) If the IBRS or IDRS is unavailable for more than forty-eight (48) hours, the state registrar may issue a notice permitting the filing of a paper record of a live birth, a death, or both, subject to the following: (1) The notice issued by the state registrar must contain a time frame for which the notice is in effect and when the notice expires. However, the notice automatically expires if the state department notifies the local health officers that the IBRS or IDRS is available, the notice has expired, and that all future submissions must use the IBRS or IDRS. (2) Paper records may not be accepted by the local health department or the state department on the earlier of the following: (A) The expiration date listed in the notice or the expiration listed in a renewal notice described in subdivision (3). (B) The state department notifies the local health officers when the IBRS or IDRS becomes available. (3) The notice may be renewed by the state registrar until the IBRS or IDRS becomes available. (4) Once the IBRS or IDRS becomes available, the local health officer shall enter the information contained in the paper record into the IBRS or IDRS. (g) This subsection applies to the submission of a death record of a stillbirth. The: (1) physician last in attendance upon the deceased; (2) physician assistant last in attendance upon the deceased; or (3) advanced practice registered nurse last in attendance upon the deceased; shall initiate the document process unless the physician, physician assistant, or advanced practice registered nurse was not present upon the deceased. As added by P.L.61-2009, SEC.5. Amended by P.L.156-2011, SEC.33; P.L.138-2019, SEC.4; P.L.131-2020, SEC.3; P.L.56-2023, SEC.155; P.L.171-2025, SEC.13.

Ind. Code § 16-37-1-4 Registration districts

Sec. 4. Each local health jurisdiction is a registration district for vital statistics and the local health officer shall be the local registrar. [Pre-1993 Recodification Citation: 16-1-15-3.] As added by P.L.2-1993, SEC.20.

Ind. Code § 16-37-1-5 Monthly report of local health officer

Sec. 5. (a) The local health officer, on the fourth day of each month, shall report to the state department concerning the births, deaths, and stillbirths that occurred within the local health officer's jurisdiction within the preceding month. However, after December 31, 2010, the local health officer, beginning five (5) days after electronically receiving the form required for the Indiana birth registration system or the Indiana death registration system, shall use the Indiana birth registration system and the Indiana death registration system established under section 3.1 of this chapter to report the births and deaths that occur in the local health officer's jurisdiction, and shall report each birth or death to the state department not later than five (5) days after being informed of the birth or death. (b) If there are no births, deaths, or stillbirths to report, the local health officer shall indicate that information each month in a format prescribed by the state department. [Pre-1993 Recodification Citation: 16-1-18-1.] As added by P.L.2-1993, SEC.20. Amended by P.L.148-1996, SEC.1; P.L.61-2009, SEC.6.

Ind. Code § 16-37-1-6 Contents of monthly report

Sec. 6. The report of the local health officer must contain the following: (1) The original copy of each certificate of birth, death, or stillbirth. (2) A certification that no other births, deaths, or stillbirths occurred within the jurisdiction to the best of the health officer's knowledge and belief. (3) A copy of each paternity affidavit filed with the health officer under IC 16-37-2-2.1. (4) Any other information required by the state department. [Pre-1993 Recodification Citation: 16-1-18-2.] As added by P.L.2-1993, SEC.20. Amended by P.L.101-1994, SEC.1; P.L.46-1995, SEC.61; P.L.133-1995, SEC.12.

Ind. Code § 16-37-1-7 Birth certificate requests; permanent records

Sec. 7. (a) Both the state registrar and the local health officer shall maintain a permanent record, accompanying the birth records, that contains for each request for a certified copy of a birth certificate the following: (1) The date of the request. (2) The name and address of the person making the request. (b) The permanent record for each request required under this section may be maintained in the Indiana birth registration system (IBRS). [Pre-1993 Recodification Citations: 16-1-16-18(a) part; 16-1-19-3(a) part.] As added by P.L.2-1993, SEC.20. Amended by P.L.87-1994, SEC.9; P.L.138-2019, SEC.5.

Ind. Code § 16-37-1-7.5 Public inspection of birth or stillbirth record

Sec. 7.5. (a) A registration or certificate of a birth or stillbirth shall be open to public inspection, and a copy provided, upon the request of any person that occurs on or after the date that is ninety-nine (99) years after the record's creation date. (b) Notwithstanding subsection (a), the birth record of an adopted child remains subject to the confidentiality provisions of IC 31-19 regarding the release of adoption information. As added by P.L.33-2025, SEC.2.

Ind. Code § 16-37-1-8 Prerequisites to issuance of birth certificate; judicial review; missing child certificates; excluded information

Sec. 8. (a) Except as provided in section 7.5 of this chapter and subsection (d), a local health officer shall provide a certification of birth, death, or stillbirth registration upon request by any person only if: (1) the health officer is satisfied that the applicant has a direct interest in the matter; (2) the health officer determines that the certificate is necessary for the determination of personal or property rights or for compliance with state or federal law; and (3) the applicant for a birth certificate presents at least one (1) form of identification. However, the local health officer must issue a certificate of an applicant's own birth registration. (b) A local health officer's decision whether or not to issue a certified copy of a birth certificate is subject to review by a court. (c) A local health officer may issue a certification of birth, death, or stillbirth from the electronic registration systems in section 3.1 of this chapter, regardless of the location of the filing of the record. (d) A local health officer may not issue a copy of a birth certificate of a missing child to which a notice has been attached under IC 10-13-5-11 without the authorization of the Indiana clearinghouse for information on missing children, missing veterans at risk, and missing endangered adults. (e) Upon determination that a person may be provided a certification of death under subsection (a), the local health officer shall provide to the person a certification of death that excludes information concerning the cause of death if the person requests the exclusion of this information. [Pre-1993 Recodification Citations: 16-1-16-18(a) part, (c), (d); 16-1-19-1.] As added by P.L.2-1993, SEC.20. Amended by P.L.2-2003, SEC.55; P.L.123-2007, SEC.1; P.L.43-2009, SEC.16; P.L.147-2023, SEC.15; P.L.40-2024, SEC.24; P.L.33-2025, SEC.3.

Ind. Code § 16-37-1-8.5 Certificate of birth resulting in stillbirth; required contents of certificate

Sec. 8.5. (a) Upon request by a parent of a stillborn child, a local health officer shall provide to the parent a certificate of birth resulting in stillbirth. (b) A certificate of birth resulting in stillbirth provided under subsection (a) must contain the following: (1) The caption "Certificate of Birth Resulting in Stillbirth". (2) A space for the name of the stillborn child. (c) A certificate provided under this section is in addition to a certificate of stillbirth registration provided under section 8 of this chapter. (d) For purposes of federal, state, and local taxes, the certificate provided under this section is not proof of a live birth. (e) A local health department may charge the same fee for a certificate provided under this section as the fee charged for a certificate of birth registration provided under section 8 of this chapter. (f) A certificate of birth resulting in stillbirth must be issued on tamper resistant paper. As added by P.L.13-2002, SEC.1.

Ind. Code § 16-37-1-9 Registration certificate charges

Sec. 9. (a) A local health department may make a charge under IC 16-20-1-27 for each certificate of birth, death, or stillbirth registration. IC 5-14-3-8(d) does not apply to the health department making a charge for a certificate of birth, death, or stillbirth registration under IC 16-20-1-27. (b) If the local department of health makes a charge for a certificate of death under subsection (a), the coroners continuing education fee described in subsection (e) must be added to the rate established under IC 16-20-1-27. The local department of health shall deposit any coroners continuing education fees with the county auditor within thirty (30) days after collection. The county auditor shall transfer semiannually any coroners continuing education fees to the treasurer of state. (c) Notwithstanding IC 16-20-1-27, a charge may not be made for furnishing a certificate of birth, death, or stillbirth registration to a person or to a member of the family of a person who needs the certificate for one (1) of the following purposes: (1) To establish the person's age or the dependency of a member of the person's family in connection with: (A) the person's service in the armed forces of the United States; or (B) a death pension or disability pension of a person who is serving or has served in the armed forces of the United States. (2) To establish or to verify the age of a child in school who desires to secure a work permit. (d) Notwithstanding IC 16-20-1-27, a charge may not be made for furnishing a certificate of birth to an individual who represents, pursuant to IC 31-36-3-4(b), a homeless youth (as defined in IC 31-36-3-4) and presents a fee and consent waiver affidavit described in IC 31-36-3-4(c). (e) The coroners continuing education fee is: (1) one dollar and seventy-five cents ($1.75) after June 30, 2007, and before July 1, 2013; (2) two dollars ($2) after June 30, 2013, and before July 1, 2018; (3) two dollars and twenty-five cents ($2.25) after June 30, 2018, and before July 1, 2023; (4) two dollars and fifty cents ($2.50) after June 30, 2023, and before July 1, 2028; (5) two dollars and seventy-five cents ($2.75) after June 30, 2028, and before July 1, 2033; (6) three dollars ($3) after June 30, 2033, and before July 1, 2038; (7) three dollars and twenty-five cents ($3.25) after June 30, 2038, and before July 1, 2043; and (8) three dollars and fifty cents ($3.50) after June 30, 2043. [Pre-1993 Recodification Citations: 16-1-16-18(b); 16-1-19-2.] As added by P.L.2-1993, SEC.20. Amended by P.L.36-1993, SEC.2; P.L.215-2007, SEC.3; P.L.225-2007, SEC.2; P.L.3-2008, SEC.110; P.L.155-2019, SEC.5.

Ind. Code § 16-37-1-10 Confidentiality; disclosure of data in records; conditions for availability; grounds for denial

Sec. 10. (a) Information contained in a birth record is confidential and may be disclosed only in accordance with this article. (b) Except as provided in section 7.5 of this chapter and subsections (c) and (d), the records and files of the division of the state department concerning vital statistics are subject to this article and rules of the state department. Data contained in the records and files may be disclosed only as follows: (1) The state registrar shall permit inspection of the records or issue a certified copy of a certificate or part of a certificate only if the state registrar is satisfied of the following: (A) That the applicant has a direct interest in the matter recorded. An applicant for a certificate of death has a direct interest in the certificate of death if the applicant is a beneficiary of the deceased's individual retirement account, retirement account, brokerage transfer on death account, annuity, or life insurance policy. (B) That the information is necessary for the determination of personal or property rights or for compliance with state or federal law. The state registrar's decision is subject to review by the state department or a court under this section. (2) The state department may disclose identifiable vital statistics information to a legitimate researcher, if the researcher complies with the following requirements: (A) The researcher states in writing to the state department the purpose, including: (i) any intent to publish findings; (ii) the nature of the data sought; (iii) the personal information that would be required; and (iv) the safeguards that will be taken to protect the identity of the data subjects. (B) The researcher executes an agreement with the state department, on a form approved by the oversight committee on public records established under IC 5-15-5.1-18, that: (i) incorporates safeguards for protection of individual data subjects; (ii) defines the scope of the research project; and (iii) informs the researcher that failure to abide by conditions of the approved agreement constitutes a breach of contract and could result in civil litigation by any data subject. (C) The researcher agrees to pay any direct or indirect costs of the research. The state department shall determine whether the proposed safeguards are adequate to prevent the identity of an individual data subject from being known before approving the agreement. Upon execution of an agreement described in this subdivision, the state department shall maintain a copy of the agreement for the duration of the agreement's effective date. (3) In any extraordinary case that the state registrar determines is a direct tangible and legitimate public interest. (c) Notwithstanding subsection (b)(1) through (b)(3), a certificate of death received by a local health department (as defined in IC 16-18-2-211) or the state department is a public record that, upon request, must be made available for inspection and copying if: (1) the copy made of the certificate of death is not a certified copy; (2) any Social Security number that appears on the certificate of death is redacted; and (3) any charge or fee that is due under section 9, 11, or 11.5 of this chapter is collected. (d) The birth record of an adopted child remains subject to the confidentiality provisions of IC 31-19 regarding the release of adoption information. (e) The state registrar may deny a request to inspect or copy a record concerning vital statistics that is in the state registrar's possession if the state registrar has a reasonable suspicion that releasing the record may result in fraud or identity theft. [Pre-1993 Recodification Citation: 16-1-19-3 part.] As added by P.L.2-1993, SEC.20. Amended by P.L.1-1997, SEC.91; P.L.257-1997(ss), SEC.29; P.L.1-1999, SEC.45; P.L.171-2015, SEC.43; P.L.138-2019, SEC.6; P.L.33-2025, SEC.4; P.L.220-2025, SEC.1.

Ind. Code § 16-37-1-11 Record search or amendment; fees

Sec. 11. (a) The state department shall charge and collect a fee of eight dollars ($8) for each search of the records in the division of vital records. If the requested record is found, one (1) certification of the record will be issued without charge. Additional certifications of the same record will be issued at that time for an additional fee of four dollars ($4) for each record. (b) The state department shall charge and collect an additional fee of eight dollars ($8) for any amendment to a record previously filed with the division of vital records. (c) Verification without charge will be issued to an agency of local, state, or federal government upon written request by the agency. [Pre-1993 Recodification Citation: 16-1-19-4.] As added by P.L.2-1993, SEC.20. Amended by P.L.168-2003, SEC.1.

Ind. Code § 16-37-1-11.5 Birth problems registry fee

Sec. 11.5. In addition to the fee charged by the state department under section 11 of this chapter for a search of the records in the division of vital records, the state department shall charge a birth problems registry fee of two dollars ($2) for each search of the records for a birth certificate. The fees collected under this section shall be deposited in the birth problems registry fund established by IC 16-38-4-17. As added by P.L.180-1993, SEC.1.

Ind. Code § 16-37-1-11.7 Repealed

As added by P.L.120-1997, SEC.6. Amended by P.L.145-2006, SEC.139. Repealed by P.L.156-2011, SEC.41.

Ind. Code § 16-37-1-12 Fraud; felony

Sec. 12. A person who, with intent to defraud: (1) makes a false or fraudulent statement in applying to a local health officer or to the state registrar for a certified copy of a birth certificate; (2) makes a false or fraudulent statement in applying to the state registrar for permission to inspect public birth records held by the state registrar; (3) alters, counterfeits, or mutilates a certified copy of a birth certificate issued by a local health officer or by the state registrar; or (4) uses an altered, a counterfeit, or a mutilated certified copy of a birth certificate; commits a Level 6 felony. [Pre-1993 Recodification Citation: 16-1-19-6.] As added by P.L.2-1993, SEC.20. Amended by P.L.41-2008, SEC.1; P.L.158-2013, SEC.239.

Ind. Code § 16-37-1-13 Violations; sanctions

Sec. 13. (a) Except as provided in subsection (c) or (d) or as otherwise provided, a person who recklessly violates or fails to comply with this chapter commits a Class B misdemeanor. (b) Each day a violation continues constitutes a separate offense. (c) A person who: (1) is licensed under IC 25 in a profession listed in section 3.1(c) of this chapter; and (2) recklessly violates or fails to comply with this chapter; is subject only to sanctions under IC 25-1-9-4(a)(3). (d) The state department may not begin sanctioning a person for failing to submit a document in electronic format as required in section 3.1 of this chapter until January 1, 2012. [Pre-1993 Recodification Citation: 16-1-35-1.] As added by P.L.2-1993, SEC.20. Amended by P.L.156-2011, SEC.34.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

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