N.Y. Public Health Law § 4173: Records; transcripts and certifications by registrars; fees

§ 4173. Records; transcripts and certifications by registrars; fees.

1. Upon request, a certification of birth or of death or a certified

copy or certified transcript of a birth or death record shall be issued

by the registrar under regulations prescribed by the commissioner.

2. A certified copy or certified transcript of a birth record shall be

issued only upon order of a court of competent jurisdiction or upon a

specific request therefor by the person, if eighteen years of age or

more, or by a parent or other lawful representative of the person to

whom the record of birth relates including an authorized representative

of the office of children and family services or a local social services

district if the person is in the care and custody or custody and

guardianship of such entity.

3. (a) Except as otherwise provided in paragraph (b) of this

subdivision, the registrar shall be entitled to a fee of ten dollars for

each certification of birth or death or for each certified copy or

certified transcript of any record of a birth or of a death or for a

certification that a search discloses no record of a birth or of a

death, furnished by him to an applicant, except that no fee shall be

charged for a search, certification of birth or death or certified copy

or certified transcript of a birth or a death record to be used for

school entrance, employment certificate or for purposes of public relief

or government compensation or when required by the veterans

administration to be used in determining the eligibility of any person

to participate in the benefits made available by the veterans

administration, provided, however, that if such registrar is a city

clerk, town clerk or village clerk, he shall collect such fees for and

on behalf of the city, town or village in which he serves, provided,

however, that an amount equivalent to the sum of such fees shall be paid

at least monthly by such city, town or village to such city clerk, town

clerk or village clerk entitled to receive fees as a registrar of vital

statistics.

(b) Notwithstanding paragraph (a) of this subdivision, in the

following county jurisdictions the fee shall be set by the county health

commissioner: Chemung, Monroe, Onondaga, Tompkins; and in the following

local jurisdictions the fee shall be set by the local legislative body:

city of Oswego, city of Albany, city of Jamestown. In such

jurisdictions, the fee may be set up to the amount charged by the

commissioner as prescribed in subdivision two of section forty-one

hundred seventy-four of this title.

4. All fees for searches, certification, certified copies and

certified transcripts collected by a registrar of vital statistics in a

state hospital, charitable or penal institution shall be transmitted by

him to the executive department, having jurisdiction, management and

control of such hospital or institution, to be paid into the state

treasury as provided by section one hundred twenty-one of the state

finance law.