5-C:80 Delayed Registration of Death. –
I. When a death has occurred in New Hampshire and has not been registered with the division within 6 months of the date of death or within 6 months of the presumed date of death, a delayed certificate of death shall be filed, subject to such evidentiary requirements as specified in paragraph IV, to substantiate the alleged facts of death.
II. A certificate of death registered 6 months or more after the date of death or the presumed date of death shall be marked "delayed" by the registrar and include the date of the delayed filing.
III. For those certificates filed 6 months or more after the date of death, the physician, APRN, physician assistant, or medical examiner and the funeral director shall submit an affidavit stating the reason why the death certificate was not filed in a timely manner.
IV. In the absence of the attending physician, APRN, physician assistant, or medical examiner and the funeral director, the certificate shall be filed by the next of kin or designated agent of the decedent. The certificate shall be accompanied by a notarized affidavit of the person initiating the filing, swearing to the accuracy of the information and explaining the reasons why the certificate has not been filed previously. Two additional notarized or certified documents that identify the decedent, the decedent's date and place of death, and the circumstances surrounding the decedent's death shall also be attached to the certificate. A summary statement of the evidence submitted in support of the delayed registration shall be prepared by the clerk of the town or city of death occurrence on the certificate, and the certificate shall be marked "delayed." When all of the evidence has been gathered, the clerk of the town or city of death occurrence shall forward the application for a delayed death certificate and all supporting documentation to the state registrar.
V. When the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence because of inconsistencies with other records, the state registrar shall notify the applicant, in writing, of the deficiencies and that the vital record shall not be amended unless the deficiencies are corrected. The registrar also shall notify the applicant that he or she has 30 days to appeal the registrar's decision regarding the issuance of a delayed death certificate.
VI. All certified copies of delayed death certificates issued by the division or the clerk of a town or city shall be stamped or suitably noted to indicate "DELAYED."