Vital records family access

AN ACT Relating to authorizing access to certifications of birth 1
and death to additional family members; and amending RCW 70.58A.530.2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:3
Sec. 1. RCW 70.58A.530 and 2021 c 55 s 2 are each amended to 4
read as follows: 5
(1)(a) A certification issued in accordance with this section is 6
considered for all purposes the same as the original vital record and 7
is prima facie evidence of the facts stated therein.8
(b) An informational copy is not considered the same as the 9
original vital record and does not serve as prima facie evidence of 10
the facts stated therein. 11
(2) The state and local registrar shall issue all certifications 12
registered in the vital records system from the state's central vital 13
records system database upon submission by a qualified applicant of 14
all required information and documentation required either by this 15
chapter or by rule, or both, and shall ensure that all certifications 16
include: 17
(a) The date of registration; and 18
(b) Security features that deter altering, counterfeiting, or 19
simulation without ready detection as required under this chapter.20
H-0269.1
HOUSE BILL 1157
State of Washington 69th Legislature 2025 Regular Session
By Representative Steele
Prefiled 01/03/25. Read first time 01/13/25. Referred to Committee
on Health Care & Wellness.
p. 1 HB 1157
(3) A person requesting a certification of birth, death, fetal 1
death, or birth resulting in stillbirth must submit an application, 2
identity documentation, evidence of eligibility, and the applicable 3
fee established in RCW 70.58A.560 to the state or local registrar.4
(4) For a certification of birth, the state or local registrar 5
may release the certification only to: 6
(a) The subject of the record or the subject of the record's 7
spouse or domestic partner, child, parent, stepparent, stepchild, 8
sibling, grandparent, great grandparent, grandchild, great 9
grandchild, legal guardian, legal representative, or authorized 10
representative; or 11
(b) A government agency or court, if the certification will be 12
used in the conduct of the agency's or court's official duties.13
(5) The state registrar may issue an heirloom certification of 14
birth to a qualified applicant consistent with subsection (4) of this 15
section. The heirloom certification of birth must contain the state 16
seal and be signed by the governor. 17
(6) The state registrar may issue a certification of a birth 18
record registered as delayed under RCW 70.58A.120 or 70.58A.130 to a 19
qualified applicant consistent with subsection (4) of this section. 20
The certification must: 21
(a) Be marked as delayed; and 22
(b) Include a description of the evidence or court order number 23
used to establish the delayed record. 24
(7) The state registrar may issue a certification of a birth 25
record for a person adopted under chapter 26.33 RCW and registered 26
under RCW 70.58A.400 to a qualified applicant consistent with 27
subsection (4) of this section. The certification:28
(a) Must not include reference to the adoption of the child; and29
(b) For children born outside of the state, must be issued 30
consistent with the certification standards of this section, unless 31
the court orders otherwise. 32
(8) When providing a birth certification to a qualified applicant 33
under this chapter, the state or local registrar shall include 34
information prepared by the department setting forth the advisability 35
of a security freeze under RCW 19.182.230 and the process for 36
acquiring a security freeze. 37
(9) For a certification of death, the state or local registrar 38
may release the certification only to: 39
p. 2 HB 1157
(a) The decedent's spouse or domestic partner, child, parent, 1
stepparent, stepchild, sibling, grandparent, great grandparent, 2
grandchild, great grandchild, legal guardian immediately prior to 3
death, legal representative, authorized representative, or next of 4
kin as specified in RCW 11.28.120; 5
(b) A funeral director, the funeral establishment licensed 6
pursuant to chapter 18.39 RCW, or the person having the right to 7
control the disposition of the human remains under RCW 68.50.160 8
named on the death record, within twelve months of the date of death; 9
or 10
(c) A government agency or court, if the certification will be 11
used in the conduct of the agency's or court's official duties.12
(10) The state or local registrar may issue a short form 13
certification of death that does not display information relating to 14
cause and manner of death to a qualified applicant. In addition to 15
the qualified applicants listed in subsection (9) of this section, a 16
qualified applicant for a short form certification of death includes:17
(a) A title insurer or title insurance agent handling a 18
transaction involving real property in which the decedent held some 19
right, title, or interest; or 20
(b) A person that demonstrates that the certified copy is 21
necessary for a determination related to the death or the protection 22
of a personal or property right related to the death.23
(11) The state or local registrar may issue reports of fetal 24
death either as a certification of a fetal death or as a 25
certification of birth resulting in a stillbirth, or both.26
(12) When issuing a certification of fetal death, the state or 27
local registrar may release the certification only to:28
(a) A parent, a parent's legal representative, an authorized 29
representative, a sibling, or a grandparent; 30
(b) The funeral director or funeral establishment licensed 31
pursuant to chapter 18.39 RCW and named on the fetal death record, 32
within twelve months of the date of fetal death; or33
(c) A government agency or court, if the certification will be 34
used in the conduct of the agency's or court's official duties.35
(13) When issuing a certification of birth resulting in 36
stillbirth, the state or local registrar may release the 37
certification only to the individual who gave birth listed on the 38
fetal death record. 39
p. 3 HB 1157
(a) A certification of birth resulting in stillbirth must comply 1
with the format requirements prescribed by the state registrar and be 2
in a format similar to a certification of birth. 3
(b) The certification of birth resulting in stillbirth must 4
contain a title at the top of the certification that reads: "This 5
certificate of birth resulting in stillbirth is not proof of a live 6
birth and is not an identity document." 7
(c) Nothing in this subsection (13): 8
(i) May be the basis for a civil cause of action seeking damages 9
or criminal charges against any person or entity for bodily injury, 10
personal injury, or wrongful death for a stillbirth;11
(ii) Shall alter a woman's rights to reproductive freedom or 12
equal protection under the law, or to alter or supersede any other 13
provision of law; and 14
(iii) Except for the right to request a certification of birth 15
resulting in stillbirth, may constitute the basis of any new right, 16
privilege, or entitlement, or abrogate any existing right, privilege, 17
or entitlement. 18
(14) The state or local registrar shall review the identity 19
documentation and evidence of eligibility to determine if the person 20
requesting the certification is a qualified applicant under this 21
section. The state or local registrar may verify the identity 22
documents and evidence of eligibility to determine the acceptability 23
and authenticity of identity documentation and evidence of 24
eligibility. 25
(15) The state or local registrar may not issue a certification 26
of birth or fetal death, including a certification of birth resulting 27
in stillbirth, that includes information from the confidential 28
section of record, except as provided in subsection (16) of this 29
section. 30
(16) The state registrar may release information contained in the 31
confidential section of the birth record only to the following 32
persons: 33
(a) The individual who is the subject of the birth record, upon 34
confirmation of documentation and evidence of identity of the 35
requestor in a manner approved by the state board of health and the 36
department. The state registrar must limit the confidential 37
information provided to the individual who is the subject of the 38
birth record's information, and may not include the parent's 39
confidential information; or 40
p. 4 HB 1157
(b) A member of the public, upon order of a court of competent 1
jurisdiction. 2
(17) A person requesting a certification of marriage, dissolution 3
of marriage, or dissolution of domestic partnership currently held by 4
the department must submit an application and the applicable fee 5
established in RCW 70.58A.560 to the state registrar.6
(18) The state registrar may mark deceased on a birth 7
certification when that birth record is matched to a death record 8
under RCW 70.58A.060. 9
(19) The state or local registrar must issue an informational 10
copy from the central vital records system to anyone. Informational 11
copies must contain only the information allowed by rule. 12
Informational copies of death records must not display information 13
related to cause and manner of death. 14
(20) A person requesting an informational copy must submit an 15
application and the applicable fee established in RCW 70.58A.560 to 16
the state or local registrar. 17
(21) If no record is identified as matching the information 18
provided in the application, the state or local registrar shall issue 19
a document indicating that a search of the vital records system was 20
made and no matching record was identified. 21
(22) All government agencies or courts to whom certifications or 22
informational copies are issued must pay the applicable fee for 23
certifications established in RCW 70.58A.560. 24
(23) The state or local registrar must comply with the 25
requirements of this chapter when issuing a certification or 26
informational copy of a vital life event. 27
(24) The department may issue, through electronic means and 28
processes determined by the department, verifications of information 29
contained on birth or death records filed with the department when a 30
verification is requested by a government agency, insurance company, 31
hospital, or any other organization in the conduct of its official 32
duties for fraud prevention and good governance purposes as 33
determined by the department. The department shall charge a fee for a 34
search under this subsection. 35
(25) For the purposes of this section: 36
(a) "Qualified applicant" means a person who is eligible to 37
receive a certification of a vital record based on the standards 38
established by this chapter and department rule. 39
p. 5 HB 1157
(b) "Stillbirth" means the same as fetal death as defined in RCW 1
70.58A.010. 2
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p. 6 HB 1157