Public Records: Which Vital Records Are Open to the Public
Public records, in the context of vital records, are birth, death and marriage records that members of the public may access under state law. Access depends on the state, the type of record and how old it is.
What vital record do you need?
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Time-based access
Many states open older records to everyone. Maine's chart shows births become public after 75 years, deaths and marriages after 50 years, and records created before January 1, 1892 are open without restriction. New Jersey treats a record as genealogical when the person is deceased and, for example, a birth is more than 80 years old, a marriage more than 50 years old, or a death more than 40 years old, within the dates it lists. Both states keep recent records restricted.
Not uniform across states
The Reporters Committee for Freedom of the Press reports that death certificates are public in some states, open with conditions in others, restricted for a number of years in others, and closed in several. Rules vary by state.
Copies from open records
Access to a record does not always mean access to a certified copy. Maine says certified copies still require a "direct and legitimate interest" even for records in the public period, while non-certified copies need an application, identification and a fee. New Jersey offers an uncertified informational copy that needs no proof of relationship.
Frequently asked questions
Can anyone see a birth certificate?
Recent birth records are restricted in the states above. Older ones may open to the public after a set period that varies by state.
Are death certificates public?
It depends on the state, according to the Reporters Committee.
Is a copy from a public record valid for legal use?
Often not. Non-certified copies are usually informational. Check what the receiving agency requires.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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