Colorado § 25-2-117 - Certified copies furnished - fee.

§ 25-2-117. Certified copies furnished - fee.

(1) Vital statistics records shall be treated as confidential, but the department of public health and environment shall, upon request, furnish to any applicant having a direct and tangible interest in a vital statistics record a certified copy of any record registered under the provisions of this article. Any copy of the record of a birth or death, when properly certified by the state registrar or as otherwise directed by the state registrar to be a true copy thereof, shall be prima facie evidence in all courts and places of the facts therein stated.

(2) An applicant shall pay fees established pursuant to section 25-2-121 for each of the following services:

(a) The reproduction and certification of birth or death records; except that an applicant shall not pay a fee:

(I) For the provision of a certified copy of such a record to:

(A) Another state agency;

(B) A county department of human or social services; or

(C) An individual presenting a letter of referral from a county department of human or social services; or

(II) If the applicant is a delegate child support enforcement unit acting pursuant to article 13 of title 26, C.R.S.;

(b) Any search of the files and records of the state registrar when no certified copy is made, such fee to pertain to each hour or fractional hour of time of the search;

(c) The processing of new certificates, delayed certificates, or corrected certificates;

(d) The verification of marriage or divorce;

(e) The reproduction of various vital statistics, publications, reports, and data services; and

(f) The verification of a civil union or dissolution of a civil union.

(3) To preserve vital statistics records, the state registrar is authorized to prepare typewritten, photographic, electronic, or other reproductions of certificates or reports. When certified by the state registrar, such reproductions shall be accepted as the original records. The documents from which permanent reproductions have been made and verified may be disposed of as provided by regulation.

Source: L. 67: R&RE, p. 1062, § 1. C.R.S. 1963: § 66-8-17. L. 82: Entire section amended, p. 408, § 1, effective July 1. L. 83: Entire section amended, p. 1049, § 1, effective June 15. L. 84: Entire section amended, p. 749, § 13, effective July 1. L. 89: (2)(a) amended, p. 796, § 29, effective July 1. L. 94: (1) amended, p. 2749, § 401, effective July 1. L. 2010: (2)(a) amended, (SB 10-006), ch. 341, p. 1578, § 2, effective June 5. L. 2013: (2)(d) and (2)(e) amended and (2)(f) added, (SB 13-011), ch. 49, p. 156, § 4, effective May 1. L. 2018: (2)(a)(I)(B) and (2)(a)(I)(C) amended, (SB 18-092), ch. 38, p. 441, § 99, effective August 8.

Cross references: For the legislative declaration contained in the 1994 act amending subsection (1), see section 1 of chapter 345, Session Laws of Colorado 1994. For the legislative declaration in the 2010 act amending subsection (2)(a), see section 1 of chapter 341, Session Laws of Colorado 2010. For the legislative declaration in SB 18-092, see section 1 of chapter 38, Session Laws of Colorado 2018.

ANNOTATION

I. General Consideration.

II. Confidentiality.

III. Certified Copy as Evidence.

I. GENERAL CONSIDERATION.

Law reviews. For article, "Hearsay in Criminal Cases Under the Colorado Rules of Evidence: An Overview", see 50 U. Colo. L. Rev. 277 (1979).

II. CONFIDENTIALITY.

Records exempt from public record act's right to inspect. This section exempts vital statistics records from right to inspect given by public records act and person is entitled to copies of such records only if he can show direct and tangible interest. Eugene Cervi & Co. v. Russell, 31 Colo. App. 525, 506 P.2d 748 (1972), aff'd, 184 Colo. 282, 519 P.2d 1189 (1974).

Provisions for record search not authority to provide copy. The provisions of this section providing for a search of the records by their custodian do not authorize the custodian to provide a copy of the record or to divulge the contents. Purpose of such search is to determine whether a particular record exists, and information contained in such record can only be released to those having prescribed interest. Eugene Cervi & Co. v. Russell, 31 Colo. App. 525, 506 P.2d 748 (1972), aff'd, 184 Colo. 282, 519 P.2d 1189 (1974).

Registrar of vital statistics has limited discretion. The registrar of vital statistics is a ministerial officer who, unlike a judge, has but limited discretion in the performance of his duties. Eugene Cervi & Co. v. Russell, 184 Colo. 282, 519 P.2d 1189 (1974).

The discretion of the registrar of vital statistics is limited to furnishing the information to an "applicant having a direct and tangible interest", and, where the petitioner does not have the requisite "significant legal relationship", then the registrar does not have discretion to furnish the information. Eugene Cervi & Co. v. Russell, 184 Colo. 282, 519 P.2d 1189 (1974).

"Applicant having direct and tangible interest" is one who has significant legal relationship to person who is subject of record. Eugene Cervi & Co. v. Russell, 31 Colo. App. 525, 506 P.2d 748 (1972), aff'd, 184 Colo. 282, 519 P.2d 1189 (1974).

Person seeking copies of vital statistics record for commercial purposes does not have the direct and tangible interest required by this section. Eugene Cervi & Co. v. Russell, 31 Colo. App. 525, 506 P.2d 748 (1972), aff'd, 184 Colo. 282, 519 P.2d 1189 (1974).

III. CERTIFIED COPY AS EVIDENCE.

Dependability of certification by local registrar. A birth certificate certified by the local registrar is as dependable as one certified by the state registrar, since it is the former who furnishes the information to the latter. Trujillo v. People, 122 Colo. 436, 222 P.2d 775 (1950).

Copy is prima facie evidence. A certified copy of a death certificate is admissible and is prima facie evidence of the facts recited therein. Parfet v. Kan. City Life Ins. Co., 128 F.2d 361 (10th Cir. 1942); Occidental Life Ins. Co. v. United States Nat'l Bank, 98 Colo. 126, 53 P.2d 1180 (1935); Indus. Comm'n v. Havens, 136 Colo. 111, 314 P.2d 698 (1957); Michael v. John Hancock Mut. Life Ins. Co., 138 Colo. 450, 334 P.2d 1090 (1959); Nat'l Farmers Union Life Ins. Co. v. Norwood, 147 Colo. 283, 363 P.2d 681 (1961); City & County of Denver v. Smerdel, 165 Colo. 475, 440 P.2d 158 (1968); Robinson v. N.Y. Life Ins. Co., 30 Colo. App. 83, 490 P.2d 81 (1971); Lockwood v. Travelers Ins. Co., 179 Colo. 103, 498 P.2d 947 (1972).

However, the weight of the certified copy of a death certificate depends upon the information upon which it is based, the source of that information, and the manner in which it is obtained. Prudential Ins. Co. v. Cline, 98 Colo. 275, 57 P.2d 1205 (1935); Nat'l Farmers Union Life Ins. Co. v. Norwood, 147 Colo. 283, 363 P.2d 681 (1961); City & County of Denver v. Smerdel, 165 Colo. 475, 440 P.2d 158 (1968); Robinson v. N.Y. Life Ins. Co., 30 Colo. App. 83, 490 P.2d 81 (1971); Lockwood v. Travelers Ins. Co., 179 Colo. 103, 498 P.2d 947 (1972); Simonton v. Cont'l Cas. Co., 32 Colo. App. 138, 507 P.2d 1132 (1973).

Limitation where issue is cause of death. The term "facts" as used in this section does not extend to the coroner's opinion as to whether death from external means resulted from accident, suicide, or homicide, when the critical issue in the case is whether death resulted from one of these causes. Lockwood v. Travelers Ins. Co., 179 Colo. 103, 498 P.2d 947 (1972).

Coroner's conclusive statement should be excised. Therefore, it is error to introduce a coroner's death certificate statement without excision of the conclusive statement that death resulted by accident rather than by suicide or homicide. Lockwood v. Travelers Ins. Co., 179 Colo. 103, 498 P.2d 947 (1972).