Vital Records Access Amendments

3
26B-8-125
0
Vital Records Access Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jen Plumb
House Sponsor: Tracy J. Miller
LONG TITLE
General Description:
This bill addresses who may obtain a vital record.
Highlighted Provisions:
This bill:
allows a liaison for a homeless youth or child to obtain the minor's vital records on behalf
of the homeless youth or child.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
26B-8-125
, as last amended by Laws of Utah 2025, Chapter 133
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
26B-8-125
is amended to read:
26B-8-125
. Inspection of vital records.
(1)
As used in this section:
(a)
"Designated legal representative" means an attorney, physician, funeral service
director, genealogist, or other agent of the subject, or an immediate family member of
the subject, who has been delegated the authority to access vital records.
(b)
"Drug use intervention or suicide prevention effort" means a program that studies or
promotes the prevention of drug overdose deaths or suicides in the state.
(c)
"Immediate family member" means a spouse, child, parent, sibling, grandparent, or
grandchild.
(d)
"Pre-existing parent" means the same as that term is defined in Section
81-13-101
.
(2)
(a)
The vital records shall be open to inspection, but only in compliance with the
provisions of this part, department rules, and Sections
81-13-103
and
81-13-504
.
(b)
It is unlawful for any state or local officer or employee to disclose data contained in
vital records contrary to this part, department rule, Section
81-13-103
, or Section
81-13-504
.
(c)
An adoption document is open to inspection as provided in Section
81-13-103
or
81-13-504
.
(d)
A custodian of vital records may permit inspection of a vital record or issue a
certified copy of a record or a part of a record when the custodian is satisfied that the
applicant has demonstrated a direct, tangible, and legitimate interest.
(3)
Except as provided in Subsection
(4)
, a direct, tangible, and legitimate interest in a vital
record is present only if:
(a)
the request is from:
(i)
the subject;
(ii)
an immediate family member of the subject;
(iii)
the guardian of the subject;
(iv)
a designated legal representative of the subject;
(v)
a liaison for homeless children or youth as established under the
McKinney-Vento Homeless Education Assistance Improvements Act of 2001, 42
U.S.C. Sec. 11431 et seq. that is assisting the subject;
or
(v)
(vi)
a person, including a child-placing agency as defined in Section
81-13-101
,
with whom a child has been placed pending finalization of an adoption of the
child;
(b)
the request involves a personal or property right of the subject of the record;
(c)
the request is for official purposes of a public health authority or a state, local, or
federal governmental agency;
(d)
the request is for a drug use intervention or suicide prevention effort or a statistical or
medical research program and prior consent has been obtained from the state
registrar; or
(e)
the request is a certified copy of an order of a court of record specifying the record to
be examined or copied.
(4)
(a)
Except as provided in Title 81, Chapter 13, Adoption, a parent, or an immediate
family member of a parent may not be considered as having a direct, tangible, and
legitimate interest under this section in a vital record for which the subject is a child
if the parent or family member does not have legal or physical custody of, or
visitation or parent-time rights for, the child:
(i)
because of the termination of parental rights under
Title 80, Chapter 4,
Termination and Restoration of Parental Rights
; or
(ii)
by virtue of consenting to or relinquishing a child for adoption as described in
Title 81, Chapter 13, Adoption.
(b)
Except as provided in Subsection
(2)(d)
, a commercial firm or agency requesting
names, addresses, or similar information may not be considered as having a direct,
tangible, and legitimate interest under this section.
(5)
Upon payment of a fee established in accordance with Section
63J-1-504
, the office
shall make the following records available to the public:
(a)
except as provided in Subsection
26B-8-110(4)(b)
, a birth record, excluding
confidential information collected for medical and health use, if 100 years or more
have passed since the date of birth;
(b)
a death record if 50 years or more have passed since the date of death; and
(c)
a vital record not subject to Subsection
(5)(a)
or
(b)
if 75 years or more have passed
since the date of the event upon which the record is based.
(6)
Upon payment of a fee established in accordance with Section
63J-1-504
, the office
shall make an adoption document available as provided in Sections
81-13-103
and
81-13-504
.
(7)
The office shall make rules in accordance with
Title 63G, Chapter 3, Utah
Administrative Rulemaking Act
, establishing procedures and the content of forms as
follows:
(a)
for the inspection of adoption documents under Subsection
81-13-103(3)
;
(b)
for the release of information by the mutual-consent, voluntary adoption registry as
described in Section
81-13-504
;
(c)
for collecting fees and donations under Section
81-13-505
; and
(d)
for the review and approval of a request described in Subsection
(3)(d)
.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-30-26 8:48 AM