4175 - Records; unrecorded births and deaths.

§ 4175. Records; unrecorded births and deaths. 1. If at any time after  the  birth,  or  within  one  year of the death of any person within the  state, a certified copy of the official record of said  birth  or  death  with  the  information  required  to  be  registered by this article, be  necessary for legal, judicial, or  other  proper  purposes,  and,  after  search by the commissioner or his representatives, it should appear that  no  such certificate of birth or death was made and filed as provided by  this article,  then  the  commissioner  shall  immediately  require  the  physician  or  nurse-midwife,  who,  being  in  attendance upon a birth,  failed or neglected  to  file  a  certificate  thereof  or  the  funeral  director, undertaker or other person who, having charge of the interment  or removal of the body of a deceased person, failed or neglected to file  the  certificate of death, if he or she be living, to obtain and file at  once with the local registrar such certificate in as  complete  form  as  the lapse of time will permit.    2.  With  said  delayed  certificate  shall  be  filed such statements  subscribed and affirmed by the persons making them  as  true  under  the  penalties  of  perjury  and  other  evidence  as  may be required by the  commissioner.    3. If the physician, nurse-midwife,  funeral  director  or  undertaker  responsible  for  the report, is deceased or cannot be located, then the  person making application for the certified copy of the record may  file  such  certificate  of  birth  or  death  together  with  such statements  subscribed and affirmed by the persons making them  as  true  under  the  penalties of perjury and other evidence as the commissioner may require.    4.  The commissioner shall file such certificate and issue a certified  copy thereof to said applicant without fee.    5.  The  delinquent  physician,   nurse-midwife,   funeral   director,  undertaker,  or  other person may, in the discretion of the commissioner  be prosecuted as required by this article, without bar from the  statute  of  limitations, if he or she shall neglect or fail to file promptly the  certificate required by this section.