69.20(1)(1) A person with a direct and tangible interest in a vital record is any of the following:
69.20(1)(b)
(b) A member of the registrant's immediate family.
69.20(1)(c)
(c) The parent of a registrant, unless the parent is a birth parent whose parental rights to the registrant have been terminated under
ch. 48.
69.20(1)(d)
(d) The registrant's legal custodians or guardians.
69.20(1)(e)
(e) A representative authorized by any person under
pars. (a) to
(d), including an attorney.
69.20(1)(f)
(f) Any other person who demonstrates a direct and tangible interest when information is necessary for the determination or protection of a personal or property right.
69.20(2)(a)(a) Except as provided under
sub. (3), information in the part of a birth certificate, marriage document or divorce report designated on the form as being collected for statistical or medical and statistical use only may not be disclosed to any person except the subject of the information, or, if the subject is a minor, to his or her parent or guardian.
69.20(2)(b)
(b) Except as provided under
sub. (3), the state registrar and local registrars may not permit inspection of or disclose information contained in any record of a birth which occurred after September 30, 1907 if the mother of the subject of the record was not married at any time from the conception to the birth of the subject of the record, unless the inspection is by or the information is disclosed to a person who has a direct and tangible interest in such record.
69.20(3)(a)(a) The state registrar or a local registrar may effect a disclosure of information prohibited under
sub. (2) if a court of competent jurisdiction orders the disclosure and specifies the vital record which is to be disclosed.
69.20(3)(b)
(b) The state registrar may effect disclosure of information prohibited under
sub. (2) if the person to whom the information will be disclosed has signed and given to the state registrar a written agreement specifying the conditions under which the information will be used, as designated by the state registrar and if:
69.20(3)(b)1.
1. The information will be used for health or demographic research or for a public health program.
69.20(3)(b)2.
2. The information will be used by the federal agency responsible for compilation of national statistics and if the federal agency shares the cost of collecting, processing and transmitting the data. The federal agency may not use the information for any purpose except compilation of national statistics unless the federal agency specifies the other purpose to the state registrar and the state registrar gives written authorization for such use.
69.20(3)(b)3.
3. The information is from the vital record of a registrant who is a resident of another state or who was born in another state and is transmitted to the office responsible for keeping the vital statistics in such state under an interstate cooperation agreement which requires that the information be used for statistical and administrative purposes only and which provides for the retention and disposition of such copies. If under such an agreement the state registrar receives information from an office responsible for keeping the vital statistics in another state, the state registrar may not use the information for any purpose except the compilation of statistics.
69.20(3)(b)4.
4. The information is from a birth certificate which indicates that the registrant has a congenital disability and is submitted to the department of education.
Effective date note
NOTE: Subd. 4. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
4. The information is from a birth certificate which indicates that the registrant has a congenital disability and is submitted to the department of public instruction.
69.20(3)(b)5.
5. The information is submitted to a public school system in this state for the purpose of compiling demographic statistics related to planning.
69.20(3)(c)
(c) Notwithstanding
sub. (2), a local registrar may disclose information on a birth certificate or issue a copy of the certificate to a local health department, as defined in
s. 250.01 (4), for health or demographic research or a public health program if the local health department pays the copying costs and if the birth of the registrant occurred within the boundaries of the political subdivision served by the local health department or the registrant is a resident of the political subdivision. The local health department may not disclose any information from any copy which it receives under this paragraph to any person and shall destroy the copy no later than one year after receipt.
69.20(3)(d)
(d) The state or a local registrar may disclose information from the vital record of a specified registrant, except information under
sub. (2) (a), to a federal agency, to any agency of the government of this state or to any agency of a county, city, town or village if the agency requests the information for use in the conduct of its official duties.
69.20(3)(e)
(e) The state registrar and local registrars may publish in a public index the name, sex, date and place of birth and parents' names from the birth certificate of a registrant born of a mother who was not married at any time from the conception to the birth of the registrant, except that the state or a local registrar may not disclose any information changed or impounded under
s. 69.15. A registrar may not certify any information disclosed from the index under this paragraph.
69.20(4)
(4) The state registrar and every local registrar shall protect vital records from mutilation, alteration or theft by strictly controlling direct access to any vital record filed or registered in paper form through procedures promulgated by rule.
69.21
69.21
Copies of vital records. 69.21(1)(a)1.1. Except as provided under
subd. 2., the state registrar and any local registrar shall issue a certified copy of a vital record to any person if the person submits a request for a certified copy of a vital record of a specified registrant in writing to the registrar responsible for filing or registering the vital record and if the request is accompanied by the fee required under
s. 69.22.
69.21(1)(a)2.
2. The state registrar and any local registrar may not issue any certified copy under
subd. 1. of:
69.21(1)(a)2.a.
a. A vital record, if the event which is the subject of the vital record occurred after September 30, 1907, unless the requester is a person with a direct and tangible interest in the record or unless the registrar has received a court order directing issuance of the vital record.
69.21(1)(a)2.b.
b. Any information of the part of a birth certificate, marriage document or divorce report the disclosure of which is limited under
s. 69.20 (2) (a) unless the requester is the subject of the information.
69.21(1)(a)2.c.
c. The birth certificate of a person if no surname has been entered on the birth certificate for the person under
s. 69.14 (1) (f).
69.21(1)(b)1.1. Any copy of a vital record certified under
par. (a) shall be on a form provided or approved by the state registrar and shall include the date of issuance, the name of the issuing officer, the issuing officer's signature or an authorized facsimile of his or her signature and the seal of the issuing officer. The certification shall be applied to the copy in a way that prevents its removal from the copy.
69.21(1)(b)2.
2. Any copy of a birth certificate issued under
par. (a) shall be in a long or short form, as specified by the person submitting the request under
par. (a). The long form shall include the name, sex, date and place of birth and parent's surnames of the registrant, the file date and the file number. The short form may not include any information about the parents of the registrant. The state registrar shall issue the short form for any registrant born of unmarried parents if the registrant's certificate was not prepared under
s. 69.15 (3) (b), unless the person requesting the copy requests the long form.
69.21(1)(b)3.
3. A local registrar may issue a copy of a birth or death certificate under
par. (a) through the state registrar's computer data base if the event which is the subject of the birth or death occurred in the local registrar's registration district or if the registrant resided in the local registrar's registration district when the event occurred.
69.21(1)(b)4.
4. Any copy of a death certificate issued under
par. (a) shall include, without limitation due to enumeration, the name, sex, date and place of death, age or birth date, cause of death and social security number of the decedent, and the file number and the file date of the certificate.
69.21(1)(c)
(c) Any certified copy of a vital record or part of a vital record issued under this subsection shall be deemed the same as the original vital record and shall be prima facie evidence of any fact stated in the vital record, except that the evidentiary value of a vital record filed more than one year after the event which is the subject of the vital record occurred or of a vital record which has been amended shall be determined by the judicial or administrative agency or official before whom the vital record is offered as evidence.
69.21(2)(a)(a) The state registrar or local registrar shall issue an uncertified copy of the vital record of one or more registrants if the subject of the vital record is an event occurring after September 30, 1907. The requirements of
ss. 69.15 (6) (b) and
69.20 (3) (b) for disclosing information under
s. 69.20 (2) shall apply to issuance under this paragraph of any copy of a vital record containing such information.
69.21(2)(b)
(b) The state registrar and any local registrar shall issue an uncertified copy of the vital record of one or more registrants, whether specified or not, to any person if the subject of the vital record is an event occurring before October 1, 1907, and if the person submits a request for the copy in writing to the registrar responsible for filing or registering the vital record and if the request is accompanied by the fee required under
s. 69.22 (1) (b).
69.21(2)(c)
(c) Any uncertified copy issued under this subsection shall have on its face a notice that it is uncertified.
69.21(3)
(3) Amendments. Any copy of a vital record issued under this section shall show all amendments or changes made on the record since it was filed, the date and authority of the amendment or change unless a certificate was issued for the registrant under
s. 69.14 (1) (h) or
69.15 (2),
(3) or
(4) (b).
69.21(4)(a)(a) Except as provided under
par. (b), if the state registrar or a local registrar determines that a vital record was registered through misrepresentation or fraud, he or she may not issue any copy of the vital record prior to a determination by a court of the actual facts of the event which is the subject of the record.
69.21(4)(b)
(b) A person with a direct and tangible interest in a vital record withheld by the state registrar under
par. (a) may petition the circuit court of the county in which the event which is the subject of the vital record is shown on the original record to have occurred. The petition shall be accompanied by a certified copy of the original vital record. In issuing the certified copy, the state registrar shall mark the copy to indicate that the copy is for use by the court in making its determination under this paragraph. If the court finds that the petitioner has proven that the information on the vital record is valid, the clerk of court shall report the court's determination to the state registrar on a form prescribed by the state registrar, who shall issue the certified copy.
69.21 History
History: 1985 a. 315;
1987 a. 307.
69.21 Annotation
Cross-references: See s. 889.18 for evidence of official records and s. 891.09 for evidence of vital statistics.
69.22(1)(1) The state registrar and any local registrar acting under this subchapter shall collect the following fees:
69.22(1)(a)
(a) Except as provided under
par. (c), $7 for issuing one certified copy of a vital record and $2 for any additional certified copy of the same vital record issued at the same time.
69.22(1)(b)
(b) Except as provided under
par. (c), $7 for any uncertified copy of a vital record issued under
s. 69.21 (2) or for verifying information submitted by a requester without issuance of a copy.
69.22(1)(c)
(c) Twelve dollars for issuing a copy of a birth certificate, $7 of which shall be forwarded to the state treasurer as provided in
sub. (1m) and credited to the appropriations under
s. 20.433 (1) (g) and
(h).
69.22(1m)
(1m) The state registrar and any local registrar acting under this subchapter shall forward to the state treasurer the amount specified in
sub. (1) (c) for each copy of a birth certificate issued during a calendar quarter by the 15th day of the first month following the end of the calendar quarter.
69.22(2)
(2) The state registrar and any local registrar may charge $7 for a search of vital records if the registrar finds no record. In addition to the $7, a registrar may charge a fee to cover the costs of a search of vital records if the requester provides no identifying information or identifying information which is imprecise or inadequate.
69.22(3)
(3) If a local registrar under
s. 69.11 (4) or
69.14 (2) (b) 6. completes the proper forms for the applicant and submits the forms and proofs to the office of the state registrar, the state registrar and the register of deeds shall receive equal amounts of the fee received for the action.
69.22(4)
(4) A local registrar in a registration district may set a reasonable fee to cover the costs of sending requests to local health departments under
s. 69.05 (3m).
69.22(5)
(5) The state registrar shall collect the following fees:
69.22(5)(b)2.
2. The filing of a birth certificate under
s. 69.14 (2) (b) 5. The fee under this subdivision includes the search for the birth certificate and the first copy of the certificate except that the state registrar shall add to the $20 fee, the $5 fee required under
sub. (1) (c).
69.22(5)(c)
(c) The state registrar may charge a reasonable fee to adequately cover the cost of specialized data collection and data production for research or administrative data requested under
s. 69.20.
69.22(6)
(6) The state registrar may provide free search and free copies of vital records to state agencies. The register of deeds may provide free searches and free copies to agencies in his or her county at the direction of the county board.
69.23
69.23
Costs for collecting delinquent certificates. If the state registrar determines that it is not possible to obtain a vital record from a local registrar under this subchapter, the state registrar may obtain the vital record and charge the cost of obtaining the record to the registration district in which the record should have been filed. If the registration district receives from the state registrar an itemized statement of such costs filed with the clerk of the registration district, the registration district shall pay the costs to the state registrar.
69.23 History
History: 1985 a. 315.
69.24(1)(1) Any person who does any of the following shall be fined not more than $10,000 or imprisoned not more than 2 years or both:
69.24(1)(a)
(a) Prepares or issues any paper or film which purports to be, or carries the appearance of, an original or a copy of a vital record, certified or uncertified, except as provided under this subchapter or
s. 610.50 and except for any hospital which issues any written announcement of the birth of a person to the parents of the person if the announcement contains plain notice that the announcement is not for official use.
69.24(1)(b)
(b) Wilfully and knowingly makes any false statement in a birth or death certificate under
s. 69.09,
69.10,
69.14 or
69.18, in an application for an amendment to a birth or death certificate under
s. 69.11 or
69.12 or in a request for a certified copy of a birth certificate under
s. 69.21.
69.24(1)(c)
(c) Wilfully and knowingly supplies any false information with the intent that the information be used in the preparation of a birth or death certificate or the amendment of a birth or death certificate.
69.24(1)(d)
(d) Counterfeits or, without authorization, makes, alters or amends any birth or death certificate required by this subchapter or a certified copy of such certificate.
69.24(1)(e)
(e) Mutilates or destroys an original birth or death certificate filed under this subchapter.
69.24(1)(f)
(f) Wilfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to any person for any purpose of deception, any vital record or certified copy of a vital record which is counterfeited, altered or amended or false in part or in whole or which is related to the birth, death, marriage or divorce of another person, whether living or dead.
69.24(1)(g)
(g) Illegally possesses any vital record required under this subchapter with knowledge that the vital record has been illegally obtained.
69.24(1)(h)
(h) As a public officer or public employe, furnishes or processes a birth or death certificate or a certified copy of a birth or death certificate with the knowledge or intention that the certificate or copy will be used for the purpose of deception.
69.24(2)
(2) Any person who does any of the following shall be fined not more than $1,000 or imprisoned not more than 90 days or both:
69.24(2)(a)
(a) Wilfully and knowingly commits any of the actions prohibited under
sub. (1) in relation to a marriage document or divorce report.
69.24(2)(b)
(b) Wilfully and knowingly refuses to provide information required under this subchapter for a death certificate or for any part of a birth certificate which is not designated as the part for statistical or medical and statistical use.
69.24(2)(d)
(d) Wilfully and knowingly neglects or violates or refuses to perform any requirement under this subchapter.
69.24 Annotation
A bank, its employes and agents violate this section when copying a certified copy of a vital record for use by the Federal Reserve Bank.
78 Atty. Gen. 232.
