Idaho Code
Chapter 2 - VITAL STATISTICS
Section 39-240 - SHORT TITLE — LEGISLATIVE FINDINGS.

39-240. SHORT TITLE — LEGISLATIVE FINDINGS. (1) This act shall be known and may be cited as the "Idaho Vital Statistics Act."
(2) The legislature finds:
(a) As early as 1632, government officials began tracking vital statistics, specifically births, deaths, and marriages;
(b) Today, state and local vital records offices record over eleven million (11,000,000) vital events annually in the United States;
(c) Material facts included in vital records include the date of birth, the individual’s sex, the location of birth, the parents’ identities, and the date of death;
(d) The purpose of documenting factual information on vital records is to help the government fulfill one of its most basic duties: protecting the health and safety of its citizens;
(e) Numerous courts have recognized that the purpose of vital records is to maintain an accurate database of factual information regarding births, deaths, and other vital events in a given jurisdiction. See Sea v. U.S. Citizenship & Immigration Servs., 2015 WL 5092509, at *4 (D. Minn. Aug. 28, 2015) ("The public does have an interest in having accurate records on vital statistics…"); Ampadu v. U.S. Citizenship & Immigration Servs., Dist. Dir., 944 F. Supp. 2d 648, 655 (C.D. Ill. 2013) (acknowledging "the public’s interest in having accurate records on vital statistics"); Boiko v. Holder, 2013 WL 709047, at *2 (D. Colo. Feb. 26, 2013) ("[T]he government, and the public at large, would appear to benefit from having the most accurate vital statistics records possible."); J.R. v. Utah, 261 F. Supp. 2d 1268, 1294 (D. Utah 2002) ("The State also has a significant interest in the accuracy of the records it keeps, particularly vital records like birth certificates.");
(f) According to the national research council committee on national statistics, factual information contained in vital records is used to help diagnose and solve problems that impact national health, including tracking and diagnosing disparities in mortality rates based on age and sex, identifying factors that account for the significant differences in life expectancy between males and females, measuring and seeking solutions to socioeconomic inequalities in health based on sex and age, and studying infant death rates based on sex, location, birth weight, and other information collected from vital records;
(g) Factual information from vital records is also necessary for national security. It is used to identify potential disease epidemics, such as the zika virus, that may disproportionately impact one sex over the other; expose covert bioterrorist attacks, such as determining whether a sudden increase in certain symptoms in a population is due to random chance or should be further investigated; and identify criminals and terrorists, where vital records can be used to uncover fraudulently obtained driver’s licenses or passports; and
(h) Allowing individuals to alter their vital records, including birth certificates, based upon subjective feelings or experiences undermines the government’s interest in having accurate vital records.

History:
[39-240, added 1949, ch. 72, sec. 32, p. 117; am. and redesig. 39-240, 1983, ch. 7, sec. 1, p. 25; am. 2020, ch. 334, sec. 1, p. 970.]

Structure Idaho Code

Idaho Code

Title 39 - HEALTH AND SAFETY

Chapter 2 - VITAL STATISTICS

Section 39-240 - SHORT TITLE — LEGISLATIVE FINDINGS.

Section 39-241 - DEFINITIONS.

Section 39-242 - DUTIES OF DIRECTOR.

Section 39-243 - STATE REGISTRAR OF VITAL STATISTICS.

Section 39-244 - DUTIES OF STATE REGISTRAR.

Section 39-245 - CERTIFICATE FORMS.

Section 39-245A - CERTIFICATES OF BIRTH — MATERIAL FACTS INCLUDED — AMENDMENTS.

Section 39-246 - LOCAL REGISTRATION DISTRICTS.

Section 39-247 - LOCAL REGISTRATION OFFICERS.

Section 39-248 - OTHER EMPLOYEES.

Section 39-249 - TRANSMITTAL OF CERTIFICATES AND LOCAL RECORDS.

Section 39-250 - COMPLETION AND CORRECTION OF CERTIFICATES — PROCEDURE — OTHER ALTERATIONS PROHIBITED.

Section 39-251 - COMPENSATION OF LOCAL REGISTRARS.

Section 39-252 - FEE FOR COPIES, SEARCHES AND OTHER SERVICES — DEATH CERTIFICATES.

Section 39-253 - ACCOUNTING FOR FEES.

Section 39-254 - PAYMENT OF FEES TO LOCAL REGISTRATION OFFICERS.

Section 39-255 - REGISTRATION OF BIRTHS.

Section 39-256 - REGISTRATION OF FOUNDLINGS.

Section 39-257 - MARRIAGE OF NATURAL PARENTS OF PERSON BORN IN IDAHO — JUDICIAL DETERMINATION OF PARENTAGE OF PERSON BORN IN IDAHO — NEW BIRTH CERTIFICATES — PROCEDURE.

Section 39-258 - ADOPTION OF PERSONS BORN IN IDAHO — NEW BIRTH CERTIFICATE ISSUED TO REPLACE ORIGINAL CERTIFICATE — PROCEDURE — ADOPTION PROCEEDINGS NOT OPEN TO INSPECTION WITH CERTAIN EXCEPTIONS — DUTIES OF THE CLERKS OF COURTS ISSUING ADOPTION DECR...

Section 39-259 - ADOPTION OF PERSONS BORN IN FOREIGN COUNTRIES.

Section 39-259A - VOLUNTARY ADOPTION REGISTRY FOR PROVIDING LIMITED ACCESS TO BIRTH INFORMATION OF ADULT ADOPTEES.

Section 39-260 - REGISTRATION OF DEATHS AND STILLBIRTHS.

Section 39-261 - INDUCED ABORTION REPORTING FORMS — COMPILATIONS.

Section 39-262 - REGISTRATION OF MARRIAGE — MARRIAGE CERTIFICATES FILED.

Section 39-263 - MARRIAGE LICENSE FEES.

Section 39-265 - REGISTRATION OF DIVORCES — ANNULMENTS OF MARRIAGE.

Section 39-266 - FEE FOR COURT CLERK.

Section 39-267 - DELAYED REGISTRATION.

Section 39-268 - AUTHORIZATION FOR FINAL DISPOSITION.

Section 39-269 - DISINTERMENT — RULES.

Section 39-270 - DISCLOSURE OF INFORMATION.

Section 39-271 - RECORDS OF INSTITUTIONS.

Section 39-272 - DUTIES TO PROVIDE INFORMATION.

Section 39-273 - PENALTIES.

Section 39-274 - EVIDENTIARY CHARACTER OF RECORDS AND COPIES OF RECORDS.

Section 39-275 - APPLICABILITY.

Section 39-276 - UNIFORMITY OF INTERPRETATION.

Section 39-277 - AUTOPSIES FOR SUSPECTED CREUTZFELDT-JAKOB DISEASE.

Section 39-278 - PROCEDURE FOR DELAYED REGISTRATION OR AMENDMENT OF VITAL RECORD.

Section 39-279 - SEVERABILITY.