South Dakota Codified Laws
Chapter 25 - Vital Records And Burial Permits
Section 34-25-1.1 - Definition of terms.

34-25-1.1. Definition of terms.
Terms as used in this chapter mean:
(1)"Authorized representative," an attorney, physician, funeral director, or other designated agent acting on behalf of the family;
(1A)"Autopsy," the post mortem dissection and examination of a dead body, including fetal tissue older than twenty-four weeks;
(2)"Certified copy," a vital record or part thereof issued and sealed by the state registrar and other entities as authorized by the department;
(3)"Dead body," a lifeless human body or parts thereof from the state of which it may reasonably be concluded that death recently occurred;
(4)"Death certificate," a record by means of which both the fact of death record and the medical certificate have been completed and filed as required by the department;
(5)"Demographic information," the information required by the state registrar to describe characteristics of a registrant, the family of a registrant, and geographic locations pertinent to a registrant;
(6)"Department," the Department of Health;
(7)"Fact of death information," the information required by the state registrar to record the time and place a death occurs and to identify the person who is deceased. The term does not include information regarding cause and manner of death;
(8)"Fact of death record," the portion of the death certificate that contains the fact of death information and demographic information;
(9)"Fetal death," death prior to the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy. The death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles;
(10)"Fetus," the biological offspring, including the implanted embryo or unborn child, of human parents;
(11)"Final disposition," the burial, interment, cremation, or other disposition of a dead body or fetus;
(12)"Institution," any establishment, public or private, which provides in-patient medical, surgical, or diagnostic care or treatment, or nursing, custodial, or domiciliary care to two or more unrelated individuals, or to which persons are committed by law;
(13)"Live birth," the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached;
(14)"Medical certificate," the portion of the death certificate that contains the information regarding the cause and manner of death.
(15)"System of vital registration," the process by which vital records are collected, completed, amended, certified, filed, preserved, and incorporated into the official records of the office of vital records, and activities related thereto including the tabulation, analysis, and publication of statistical data derived from such records;
(16)"Vital records," records of birth, death, fetal death, burial, marriage, divorce, and data related thereto as entered on forms prescribed by the department.

Source: SL 1972, ch 194, §2; SL 1993, ch 253, §1; SL 2000, ch 171, §2; SL 2003, ch 186, §1; SL 2004, ch 235, §1; SL 2005, ch 190, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 25 - Vital Records And Burial Permits

Section 34-25-1 - Department of Health to have charge of registration.

Section 34-25-1.1 - Definition of terms.

Section 34-25-4 - Vital registration districts--Establishment, consolidation or subdivision.

Section 34-25-4.1 - Register of deeds or designee as local registrar--Fees--Deputy, appointment, and duty.

Section 34-25-8 - Birth registration--Certificate of live birth--Time for filing--Availability of records.

Section 34-25-8.1 - Birth in moving conveyance.

Section 34-25-9 - Birth in institution--Attending physician or physician's designee to prepare certificate--Filing certificate.

Section 34-25-9.1 - Birth outside institution--Persons responsible for certificate--Evidence required--Violation as misdemeanor.

Section 34-25-9.2 - Birth certificate signed by parents or informant.

Section 34-25-13.1 - Husband's name entered on birth certificate--Father's name as determined in paternity proceeding or by affidavits.

Section 34-25-13.2 - Parents' consent or judicial determination required to name father in birth certificate when mother unmarried.

Section 34-25-13.3 - Unmarried mother's surname shown on birth certificate unless paternity acknowledged.

Section 34-25-13.4 - Father not named on birth certificate--No other information entered.

Section 34-25-14 - Child of unknown parents--Physician to name child and file birth certificate.

Section 34-25-15 - Legitimation of child--New birth certificate--Fee.

Section 34-25-16 - Adoption information forwarded by clerk of courts.

Section 34-25-16.1 - New birth certificate upon adoption of child born in state or foreign nation--Exception.

Section 34-25-16.2 - Birth certificate after adoption when birth unrecorded.

Section 34-25-16.3 - Adoption information on child born out-of-state forwarded to state of birth.

Section 34-25-16.4 - Sealing of original birth certificate after new certificate issued--Opening of sealed materials.

Section 34-25-16.5 - Original birth certificate sealed or forwarded to department after new certificate issued.

Section 34-25-16.6 - Copies of birth certificates.

Section 34-25-16.7 - Determining mother for birth certificate.

Section 34-25-16.8 - New birth certificate for certain crime victims--Sealing.

Section 34-25-18 - Medical certificate signed by attending physician, physician assistant, or nurse practitioner--Time for execution.

Section 34-25-18.1 - Determination of death.

Section 34-25-21 - Notice of death without attending physician, physician assistant, or nurse practitioner--Preparation of medical certificate--Violation as misdemeanor.

Section 34-25-22 - Reference to state's attorney, sheriff, or police of death from other than natural causes.

Section 34-25-22.1 - Blood samples taken in violent or accidental death cases--Transmission to laboratory.

Section 34-25-24 - Permit required for disposition of dead body or fetus.

Section 34-25-24.1 - Notice to funeral director--Communicable disease or condition.

Section 34-25-25 - Fact of death record filed by funeral director--Sources of data--Place and time of filing.

Section 34-25-25.1 - Place of filing death certificate when place of death unknown or in moving conveyance required.

Section 34-25-32.1 - Report required of certain fetal deaths other than abortions.

Section 34-25-32.2 - Fetal death report filed by physician--Coroner to report unattended deaths.

Section 34-25-32.3 - Disposition of remains of embryo or fetus.

Section 34-25-32.4 - Medical facility to provide for disposal of aborted fetuses.

Section 34-25-32.5 - Failure to comply as public nuisance.

Section 34-25-32.6 - Disposition of fetal remains--Method.

Section 34-25-32.7 - Fetal organ, tissue donation--Circumstances--Consent required.

Section 34-25-32.8 - Definitions related to stillbirth.

Section 34-25-32.9 - Notice to parent of means for requesting a certificate of birth resulting in stillbirth.

Section 34-25-32.10 - Name of stillborn child on certificate of birth resulting in stillbirth.

Section 34-25-32.11 - Fetal death report to be referenced on certificate of birth resulting in stillbirth.

Section 34-25-32.12 - Form and content of certificate of birth resulting in stillbirth.

Section 34-25-32.13 - Certificate of birth resulting in stillbirth not used to calculate live birth statistics.

Section 34-25-32.14 - Fee for certificate of birth resulting in stillbirth.

Section 34-25-32.15 - Certificate may be requested without regard to filing date of fetal death report.

Section 34-25-32.16 - Certificate may be requested without regard to date of fetal death.

Section 34-25-33 - Burial or removal permit filed by funeral director after final disposition.

Section 34-25-34 - Burial-transit permit issued out-of-state as authority for final disposition.

Section 34-25-36 - Records and monthly report of funeral director.

Section 34-25-38 - Cemetery to require burial, removal, disinterment, or transit permit--Promulgation of rules.

Section 34-25-38.1 - Issuance of disinterment permit.

Section 34-25-39 - Completion of burial permit when no person in charge of cemetery.

Section 34-25-42 - Delayed registration of birth, death, or marriage--Fee.

Section 34-25-43 - Software, blanks and forms supplied by department--Use of forms or exact electronic replicas required.

Section 34-25-44 - Blank forms supplied by local registrar--Examination of permit for disposition on presentation.

Section 34-25-45 - Legibility of records and certificates--Incomplete or illegible certificates not filed.

Section 34-25-46 - Signing, dating, and numbering of permits for disposition by local registrar.

Section 34-25-51 - Amendment of vital record--Fee for delayed amendment.

Section 34-25-52 - Copies of certified or informational records supplied by department or local registrars--Application--Time--Fees.

Section 34-25-52.1 - Copies or data supplied to public or private agencies.

Section 34-25-52.2 - Additional fee for copy of birth record--Disposition.

Section 34-25-52.3 - Free birth certificate with head start enrollment form.

Section 34-25-52.4 - Uniform forms and procedures for issuance of copies of records--Rules.

Section 34-25-52.5 - Construction of chapter--Disclosure of specified information on birth, marriage, or divorce certificates--Admissibility.

Section 34-25-52.6 - Disclosure of information in or inspection or copying of vital record--Authorization of chapter or court.

Section 34-25-54 - Certified copies supplied free for military or veterans' claims--Minors participating in sports programs.

Section 34-25-57 - Violation of requirements as misdemeanor.

Section 34-25-57.2 - Unintentional issuance of certified copy of vital record fraudulently obtained--Personal liability.

Section 34-25-58 - Enforcement and supervisory powers of department--Investigations by secretary.

Section 34-25-61 - Severability of provisions.

Section 34-25-62 - Electronic list of persons married in South Dakota.