69.035(3)
(3) Wherever this subchapter provides for correction or delayed registration, without court order, of vital records submitted by local registrars or city registrars, the state registrar shall also correct or register, in a like manner, comparable vital records pertaining to tribally related events submitted by any federally recognized Indian tribe or band in this state.
69.035(4)
(4) Wherever this subchapter provides for correction, delayed registration, copying or determination of the validity of, or disclosure of information from, vital records, pursuant to an order of a court, circuit court or court of competent jurisdiction, the state registrar shall, in a like manner, correct, register, copy, determine the validity of, or disclose information from, comparable vital records pertaining to tribally related events, pursuant to an order of the court of any federally recognized Indian tribe or band in this state. In order for the state registrar to provide access to an original birth certificate or any accompanying documents in an adoption case, the tribal court which orders access to such records or documents shall be the court with jurisdiction over the adoption.
69.035 History
History: 1989 a. 194.
69.04
69.04
Local registration district. 69.04(1)(a)1.1. The state registrar may approve a city as a registration district for registration of births occurring in the city if the state registrar determines that the city has a facility which provides obstetrical care and a local health department with jurisdiction for the city that is administered by a full-time local health officer with a deputy who is authorized to act in place of the local health officer during the officer's absence, illness or disability and staff, office space and other resources for the proper administration of birth records, makes reasonable use of public health data derived from birth records and suitably preserves and cares for official city birth records.
69.04(1)(a)2.
2. The state registrar may approve a city as a registration district for registration of deaths occurring in the city if the state registrar has approved the city for registration of births under
subd. 1. and if the state registrar determines that the city has staff, office space and other resources for the proper administration of death records, makes reasonable use of public health data derived from death records and suitably preserves and cares for official city death records.
69.04(1)(b)
(b) The state registrar may withdraw the approval given under
par. (a) if the city fails to meet the requirements under
par. (a).
69.04(2)(a)(a) The county register of deeds office shall be the place for filing vital records except as provided under
pars. (b) and
(c).
69.04(2)(b)
(b) If a birth occurs in a city which is a registration district, the office of the city registrar shall be the place for filing the birth certificate.
69.04(2)(c)
(c) If a death occurs in a city which is a registration district approved by the state registrar for registering death certificates, the office of the city registrar shall be the place for filing.
69.04(3)
(3) Any city which is not a registration district shall dispose of any vital records which it has filed as follows:
69.04(3)(a)
(a) Offer all records of events occurring prior to October 1, 1907, to the state historical society.
69.04(3)(b)
(b) Offer the records of each event occurring after September 30, 1907, to the register of deeds of the county in which the event occurred.
69.04(3)(c)
(c) Destroy any record which the state historical society or the register of deeds does not accept under
par. (a) or
(b).
69.05
69.05
Duties of local registrar. A local registrar shall:
69.05(1)
(1) Be subject to the direction of the state registrar.
69.05(2)
(2) Transmit to the state registrar, within 10 working days after receipt, any original vital record.
69.05(3)
(3) If the county of residence of a registrant of a birth or death certificate accepted for filing is different than the county in which the local registrar is located, forward to the register of the deeds of the registrant's county of residence within 10 working days after receipt:
69.05(3)(a)
(a) A copy of every original birth or death certificate accepted for filing.
69.05(3m)
(3m) If the mother of a registrant of a birth certificate resides in a city and the birth certificate is not filed in such city, send a copy of the birth certificate to the local health department with jurisdiction for the city if:
69.05(3m)(a)
(a) The local health department has a maternal-child visitation or information program;
69.05(3m)(b)
(b) The local health department has requested the copy and notified the state registrar of its request; and
69.05(3m)(c)
(c) The state registrar has approved the request.
69.05(4)
(4) Preserve, amend and certify vital records under this subchapter by photographic, electronic or other means as directed by the state registrar, except that a local registrar may destroy birth certificates on file for more than 365 days if the state registrar determines that the local registrar has access through the state registrar's computer database to the information necessary to issue certified copies under
s. 69.21 (1) (b) 2.
69.05(5)
(5) Enforce this subchapter in his or her registration district and report to the state registrar in writing any violation upon receipt of knowledge of the violation.
69.05(7)
(7) Send a note of the designation of a deputy to the state registrar no later than one working day after the designation takes effect. The notice shall include a copy of the deputy's signature and the effective date of the designation.
69.05 Annotation
A local registrar has no power to adopt procedures that are more stringent than those directed by the state registrar for issuing certified copies of vital records under s. 69.21 (1).
80 Atty. Gen. 35.
69.06
69.06
Duties of city registrars. A city registrar shall:
69.06(1)
(1) Accept for filing, sign and assign a date of acceptance to every original certificate of birth and death which he or she has been approved to register under
s. 69.04 and which is properly presented in his or her office.
69.06(2)
(2) Make, file, and index an exact copy of every certificate accepted under
sub. (1). Indexes prepared for public use under
s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.
69.06(3)
(3) No later than 5 working days after receipt of the original of any vital record accepted under
sub. (1), transmit a clear, reproducible photocopy of the original to the register of deeds of the county in which the event which is the subject of the record occurred.
69.06(4)
(4) Designate in writing a deputy to perform the city registrar's duties under this section during the city registrar's absence, illness or disability.
69.06(5)
(5) Destroy, within 365 days after receipt, any copy of a birth certificate received under
s. 69.05 (3m). A city registrar may not issue such copy to any person.
69.06 History
History: 1985 a. 315;
2001 a. 16.
69.07
69.07
Duties of register of deeds. The county register of deeds shall:
69.07(1)
(1) Accept for filing, sign and assign a date of acceptance to every original vital record properly presented in his or her office.
69.07(2)
(2) Make, file, and index an exact copy of every vital record accepted under
sub. (1) or received under
s. 69.05 (3). Indexes prepared for public use under
s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.
69.07(3)
(3) Designate a deputy appointed under
s. 59.43 (3) to perform the register of deeds' duties under this section during the register of deeds' absence, illness or disability.
69.08
69.08
Requirements for registration. The state registrar may not register a vital record unless the record:
69.08(1)
(1) Is on a form prescribed or supplied for the record by the state registrar.
69.08(2)
(2) Is prepared on a typewriter with unworn black ribbon or printed legibly in black permanent ink applied directly to the form paper.
69.08(3)
(3) Supplies all items of information required by the form or gives a reason approved by the state registrar for the omission of any item.
69.08(4)
(4) Contains proper and consistent data.
69.08(5)
(5) Contains the signatures which are required on the form and which are written in black permanent ink applied directly to the form paper.
69.08(6)
(6) Is free of correction fluid, correction tape and erasures and is free of any alteration made without a written explanation which has been approved by the state registrar.
69.08(7)
(7) Contains the dated signature of the local registrar.
69.08(8)
(8) Is prepared under rules promulgated by the department.
69.08 History
History: 1985 a. 315;
2001 a. 16.
69.09
69.09
Corrections prior to filing. If prior to filing a vital record a local registrar determines that the record has an omission or error in information, the local registrar shall return the record to the filing party for correction or replacement, except as provided under
s. 69.10 (2). The filing party shall correct or replace any such record within 5 working days after it is received by the filing party.
69.09 History
History: 1985 a. 315.
69.10
69.10
Correction of obvious errors. 69.10(1)
(1) Until 365 days after the occurrence of an event which is the subject of a vital record:
69.10(1)(a)
(a) The state registrar may return a vital record to a local registrar for correction under
s. 69.09 if the state registrar determines that the record should not have been filed prior to correction.
69.10(1)(b)
(b) The state registrar or a local registrar may correct an error in the record if he or she determines that the error is obviously inadvertent.
69.10(2)
(2) A person with a direct and tangible interest in a vital record may petition a court to order a correction in the record under this section if the state or local registrar with whom the record is filed fails to make the correction.
69.10 History
History: 1985 a. 315.
69.11
69.11
Amendments without court order. 69.11(1)
(1) In this section, "amend" means to change information in an item on a vital record that was incorrect when the vital record was filed or to insert information omitted from an item on a vital record when the vital record was filed.
69.11(2)
(2) If a vital record has been filed, any item on the record may be amended one time under this section.
69.11(3)(a)(a) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar, with satisfactory evidence that information in an item on a vital record was incorrect or omitted when the record was filed, may amend the record except as provided under
par. (b).
69.11(3)(b)
(b) Until 365 days after the occurrence of an event which is the subject of a vital record, the state registrar may amend the following information on a vital record:
69.11(3)(b)1.
1. Name, sex, date of birth, place of birth, parents' surnames and marital status of parents, if the vital record is a birth certificate and if the amendment is accompanied by a statement which the filing party has submitted to support the amendment.
69.11(3)(b)2.
2. Cause of death, if the vital record is a death certificate and if the amendment is accompanied by a statement that the person who signed the medical certification has submitted to support the amendment.
69.11(3)(c)
(c) The following, on a form supplied by the state registrar, may request the state registrar to act under this subsection:
69.11(3)(c)1.
1. Any person with a direct and tangible interest in the record.
69.11(3)(d)
(d) The state registrar shall amend a vital record under this subsection if a local registrar:
69.11(3)(d)1.
1. Notifies the filing party, a certifier of the cause of death or the county clerk responsible for the vital record of the need for correct information;
69.11(3)(d)2.
2. Obtains the correct information from the person notified under
subd. 1.;
69.11(3)(d)3.
3. Changes the information on his or her copy of the vital record; and
69.11(3)(d)4.
4. Sends a notice of the amendment under
subd. 3. to the state registrar.
69.11(3)(e)1.1. If the state registrar determines that a vital record should be amended under this subsection, he or she shall send a notice of the need for an amendment to the filing party, the certifier of the cause of death or the county clerk responsible for the vital record or to the local registrar who filed the record. If the local registrar receives the notice, he or she shall obtain the correct information from the filing party, certifier of the cause of death or county clerk responsible for the vital record, change the information on his or her copy of the vital record and send a copy of the changed record to the state registrar.
69.11(3)(e)2.
2. A filing party who receives a notice under
subd. 1. shall respond to the person who sent the notice within 10 working days after receipt of the notice.
69.11(4)(a)(a) Except as provided under
par. (b), the state registrar may not amend any vital record if 365 days have elapsed since the occurrence of the event which is the subject of the vital record unless the state registrar has received a court order to make the amendment under
s. 69.12.
69.11(4)(b)
(b) The state registrar may amend an item on a birth certificate that affects information about the name, sex, date of birth, place of birth, parent's name, or marital status of the mother if 365 days have elapsed since the occurrence of the event that is the subject of the birth certificate, if the amendment is at the request of a person with a direct and tangible interest in the record and is on a request form supplied by the state registrar, and if the amendment is accompanied by 2 items of documentary evidence from early childhood that are sufficient to prove that the item to be changed is in error and by the affidavit of the person requesting the amendment. A change in the marital status on the birth certificate may be made under this paragraph only if the marital status is inconsistent with information concerning the father or husband that appears on the birth certificate. This paragraph may not be used to add to or delete from a birth certificate the name of a parent, to change the identity of a parent named on the birth certificate, or to effect a name change prohibited under
s. 301.47.
69.11(5)(a)(a) If the state or local registrar, under this section or under
s. 69.15, changes the face of a vital record registered or filed in his or her office, the registrar shall:
69.11(5)(a)1.
1. Insert any information that was omitted when the vital record was filed.
69.11(5)(a)2.
2. If the amendment changes the information on the vital record, do all of the following:
