Restricted Access Period: How Long Vital Records Stay Closed
A restricted access period is the number of years during which a vital record can be obtained only by eligible people, such as the person named or close family. After the period ends, the record may be open to anyone or to researchers. States set their own periods, and they differ by record type.
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State examples
- Texas. The Department of State Health Services says birth certificates "are not open records." For births within the past 75 years, only immediate family members of the person named can request a certified copy. Others must provide legal documentation showing a direct, tangible interest, such as a court order establishing guardianship.
- New York. For genealogy requests, uncertified copies are generally available for births on file at least 75 years where the person is known to be deceased, deaths on file at least 50 years, and marriages on file at least 50 years with both spouses known to be deceased. The periods are waived for direct-line descendants who provide proof of relationship and proof of death.
- Arizona. The National Archives cites Arizona as an example of a state that makes birth certificates public once the birth is more than 75 years old and death certificates once the death is more than 50 years old.
Why it matters
If a record is inside the restricted period, you may need to show your relationship to the person named and a valid ID. If it is outside the period, you may be able to request an uncertified copy for research. The exact rules, and whether the copy is certified, vary by state, so check with the vital records office that holds the record.
Frequently asked questions
Is the period the same for births, deaths and marriages?
No. The New York and Arizona examples show different years for births, deaths and marriages.
Does a record become certified after the period ends?
Not necessarily. New York says its genealogy copies are uncertified and provided for research.
Where are very old records kept?
New Jersey notes that older records move to the State Archives after a set time. Ask the state vital records office where to look.
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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