What Gives You the What Gives You the Right?Right?

Interpreting Tangible Interest Interpreting Tangible Interest RequirementsRequirements

ReferenceReference

MN Statutes, section 144.225MN Statutes, section 144.225

MN Rules, part 4601. 2600, MN Rules, part 4601. 2600, subpart 12subpart 12

I am the: SubjectI am the: Subject

Because I am the child listed on Because I am the child listed on the birth recordthe birth record

Because I am the decedent listed Because I am the decedent listed on the death record? on the death record?

Parent of the subjectParent of the subject

Because my name is on the birth Because my name is on the birth recordrecord

Because my name is on the death Because my name is on the death recordrecord

Because I have a court order that Because I have a court order that names me as the biological father names me as the biological father of the childof the child

Other family membersOther family members

Child/Spouse/Sibling of the Child/Spouse/Sibling of the subjectsubject

Grandparent/Grandchild of Grandparent/Grandchild of the subjectthe subject

Because I say soBecause I say so(really)(really)(trust me)(trust me)

SpouseSpouse

Must be the spouse listed on the Must be the spouse listed on the death certificatedeath certificate

Sibling of the subjectSibling of the subject

Can an individual get a Can an individual get a sibling’s birth certificate?sibling’s birth certificate?

NONO

Party responsible for Party responsible for filing the recordfiling the record Birth certificate:Birth certificate:

Hospital birth registrar or midwifeHospital birth registrar or midwife Death certificate:Death certificate:

Funeral home, physician, medical Funeral home, physician, medical examiner or coronerexaminer or coroner

Legal custodian, Legal custodian, guardian, conservatorguardian, conservator Because I have a court order Because I have a court order

showing this legal relationship showing this legal relationship

Health care agentHealth care agent

Because I have a health care Because I have a health care power of attorneypower of attorney

Definition (MN Statute 145C.01, Definition (MN Statute 145C.01, subd. 2):subd. 2):

““An individual age 18 or older who is An individual age 18 or older who is appointed by a principal in a health appointed by a principal in a health care power of attorney to make care power of attorney to make health care decisions on behalf of the health care decisions on behalf of the principal.”principal.”

Personal Personal representativerepresentative Because I am an executor, Because I am an executor,

administrator, or have been administrator, or have been appointed by a court to appointed by a court to administer the subject’s estateadminister the subject’s estate

The subject of the record must be The subject of the record must be deceaseddeceased

SuccessorSuccessor

Because I am a person, other Because I am a person, other than a creditor, who is entitled to than a creditor, who is entitled to property of the decedent under property of the decedent under the decedent’s will.the decedent’s will.

Definition paraphrased from MN Definition paraphrased from MN Statute 524.1-201Statute 524.1-201

TrusteeTrustee

Because I am responsible for Because I am responsible for administering the decedent’s administering the decedent’s trusttrust

Request must be for death Request must be for death certificate onlycertificate only

Protection of a Protection of a personal or property personal or property rightright Because I can prove the Because I can prove the

certificate is needed for:certificate is needed for: Insurance benefitsInsurance benefits Social security benefitsSocial security benefits Loan collectionLoan collection Transfer of propertyTransfer of property

Adoption agencyAdoption agency

Because the certificate is needed Because the certificate is needed to complete a confidential post-to complete a confidential post-adoption searchadoption search

Certificate may be for:Certificate may be for: Birth parent of adopteeBirth parent of adoptee Genetic sibling of adopteeGenetic sibling of adoptee

Local, State, or Local, State, or Federal government Federal government agencyagency Because the certificate is needed Because the certificate is needed

to complete agency dutiesto complete agency duties Most common requester: Most common requester:

representative of MN Department representative of MN Department of Human Servicesof Human Services

May ask requester to submit May ask requester to submit agency ID if agency is out of state agency ID if agency is out of state or unfamiliaror unfamiliar

AttorneyAttorney

Because I have presented proof of Because I have presented proof of licensurelicensure

Court orderCourt order

Because I have a court order Because I have a court order directing release of the birth or directing release of the birth or death certificate to medeath certificate to me

Authorized Authorized representativerepresentative Because I have a notarized Because I have a notarized

statement signed by someone statement signed by someone who does have direct tangible who does have direct tangible interest giving me authority to interest giving me authority to obtain the birth or death obtain the birth or death certificatecertificate

Confidential Birth Confidential Birth RecordsRecords A birth record may be confidential A birth record may be confidential

when a child’s parents are not when a child’s parents are not married when the child is bornmarried when the child is born

How does a confidential birth How does a confidential birth record differ from the normal record differ from the normal “confidential” data classification?“confidential” data classification? The data may be issued to the The data may be issued to the

subject of the data (as well as others)subject of the data (as well as others)

Confidential Birth Confidential Birth RecordsRecords A confidential birth record may be issued A confidential birth record may be issued

to:to: The subject age 16 or olderThe subject age 16 or older A parent on the recordA parent on the record A legal guardian of the subjectA legal guardian of the subject A person with a court order directing release A person with a court order directing release

of the recordof the record Representative of the Dept. of Human ServicesRepresentative of the Dept. of Human Services A person with a notarized authorization from a A person with a notarized authorization from a

person aboveperson above

Tangible InterestTangible Interest

Odd situation? Confusing Odd situation? Confusing paperwork?paperwork?

A good guide: if asking for A good guide: if asking for documentation, find a clear documentation, find a clear connection between the requester connection between the requester and the subject of the recordand the subject of the record

Can fax application & documents Can fax application & documents to OSR (651-201-5740) attn.: Heidi to OSR (651-201-5740) attn.: Heidi for guidancefor guidance

Questions?Questions?