Title: Section 35.2 - Birth records; confidential information

35.2 Birth records; confidential information.

(a) A certified copy or a certified transcript of a birth certificate shall be issued only:

(1) upon order of a court of competent jurisdiction;

(2) upon specific request by the person, if 18 years of age or more, or by a parent or other lawful representative of the person to whom the record of birth relates; or

(3) upon specific request therefor to the Commissioner of Health of the State of New York by municipal, state or federal agencies when needed for official purposes.

(b) A certification of birth shall be issued when required for a proper purpose. A proper purpose shall not exist when the record is requested for commercial or profit-making purposes or to satisfy idle curiosity.

(c) The confidential information for medical and health use only furnished with a certificate of live birth shall not be copied and shall be detached except as herein provided. Data thereon, as determined by the State Commissioner of Health, shall be recorded on appropriate storage media for scientific research only. Following such recording the portion containing such confidential information shall be detached from the original certificate by the State Commissioner of Health or other person authorized by him who shall then destroy such portion. No copy of a certificate issued pursuant to sections 4173 and 4174 of the Public Health Law shall contain such information.

(d) The request for a certified copy of a birth certificate, a certified transcript of a birth certificate or a certification of birth shall include such documentation required by the State Health Commissioner to establish the stated need.