Massachusetts General Laws

Mass. Gen. Laws ch. 46, § 4A (2026)

Local officials; processing of birth certificates

✓ current as of July 2026

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Section 4A. Each town clerk upon receipt of the return of a birth in his town shall determine that it is filled out in accordance with the requirements of this chapter and if he shall record it as required by section one. If there are any deficiencies or omissions therein, he shall contact the physician, administrator or parents, as the case may require, for the necessary clarification, amendment or supplementation or may require the preparation of a new certificate if necessary to insure compliance with this chapter.

Upon request of the chairman of the local board of health, said town clerk shall file daily with the local board of health a list of all births reported to him, showing as to each, the date of birth, sex, name of the child, names of the parents, their residence and the name of the physician or officer in charge. Such list shall not be a public record.

Notes of Decisions

Cited in 2 cases, 1977–2019 · leading case: Bos. Globe Media Partners, LLC v. Dep't of Pub. Health, 124 N.E.3d 127 (Mass. 2019).

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Bos. Globe Media Partners, LLC v. Dep't of Pub. Health, 124 N.E.3d 127 (Mass. 2019). · cites it 4× “Because the birth data in the indices does not appear to be governed by either § 24B or § 4A, we disagree. Birth data sent to the Commissioner of Public Health (commissioner) is exempt from the public records law.”

Sec'y of the Commonwealth v. City Clerk of Lowell, 366 N.E.2d 717 (Mass. 1977). · cites it 2× “We read the reference in G.L.c. 46, § 4A, to the "family name," to be reported by the city or town clerk to the local board of health, as referring merely to the child's surname.”

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