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Vital Records Explained: Are birth certificates public records?

Independently fact-checked Law current as of August 9, 2026By Recording Law Editorial TeamPublished April 21, 2022Reviewed August 9, 202615 min read

Independently fact-checked against primary sources (last audited August 3, 2026). · Law checked current as of August 9, 2026. · 67 primary sources cited on this page. How we verify our legal content

Vital Records Explained: Are birth certificates public records?

Key Takeaways

1Birth certificates are generally public records in the United States, but state law controls who can actually access them.
2The federal government keeps no national birth registry, so each state issues and maintains its own birth certificates.
3The federal Freedom of Information Act reaches federal agencies only, so it is never the route to a state-held birth certificate.
4Most states issue certified copies only to the person named, immediate family, or those with a direct or legitimate interest.
5Birth certificates typically become fully public records only after a set number of years has passed, and the threshold varies widely, from 30 years in Montana and 72 years in Delaware to 125 years in Alabama, Florida, North Dakota and the District of Columbia.
6Almost all states charge a fee for a copy, and some, like Ohio, transfer birth records older than 125 years to state archives for public research.
7To order a copy, you visit the state vital records office where the person was born and provide identifying details such as full name and parents' names.

Birth certificates are public records in the United States, but state law controls who can access them. Most states restrict certified copies to the person named, immediate family, or those with a direct interest, and records typically become fully public only after a set number of years.

Birth certificates are generally treated as public records in the United States, but the federal government does not keep files or indexes of them. The U.S. Census Bureau states plainly that it "does not issue birth certificates, nor does it keep files or indexes of birth records." It is up to the states to issue and index birth certificates, so state law determines who has the authority to access one.

Tip: The Census Bureau's page on age search and birth records directs requesters to the vital records office in the state where the birth occurred, which is the actual source for a certified copy. It takes no position on whether a birth certificate is a public record, because that is a question of state law.

Below is everything you need to know about birth certificates and vital records in the US.

Quick take: Are birth certificates public records?

Yes and no, it depends on state law (see the state-by-state breakdown below).
State law determines who may request a birth certificate.
Most states only issue certified copies of birth certificates to family members or individuals with a "direct" or "legitimate" interest.
Birth certificates become public records after a set period.

When did birth certificates become mandatory in the US, and why?

Article seven of the UN Convention on the Rights of the Child states that:

"The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and, as far as possible, the right to know and be cared for by his or her parents."

Additionally, article eight reads:

"States Parties undertake to respect the right of the child to preserve his or her identity, including nationality, name, and family relations as recognized by law without unlawful interference. 2. Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity."

Every UN member state except the United States has ratified this convention, and the US signed it in 1995 without ratifying it. Even so, birth registration in the US predates the treaty by nearly a century: the country's modern vital-records system traces back to 1902, when the Census Bureau began coordinating state birth-registration standards. What is vital to remember is the importance of birth certificates.

Is a birth certificate important?

According to UNICEF, a birth certificate gives the child an identity and it may prevent child abuse. Without one, what may happen to a child includes:

Child labor
Statelessness
Trafficking and illegal adoption
Early marriage
Recruitment as a child soldier

On top of that, the government may deny you a passport, work, and other privileges if you do not have a birth certificate.

In short, a birth certificate is proof that you were born in and therefore "belong" to a specific country. The Colorado Department of Public Health and Environment calls a birth certificate "the most important document your child will need throughout his/her life." Why?

A birth certificate establishes your child's identity, age, parentage, and citizenship.

Remember, state law requires a birth certificate as primary evidence that you were born in the US. If you do not have one, the state may deny you a passport and a Social Security number.

Why are birth certificates public records?

In Florida, for example, under section 119.011, "Definitions as used in this chapter," public record is defined as:

"Means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency."

Florida Health is the government agency tasked with issuing and keeping records of birth certificates in the state.

What that tells you is the United States does not have a federal birth registry like other countries; instead, each state issues and maintains birth certificates. So, if you are looking for birth records online, you should visit your state's official birth/public health website (see the table below).

What happens if you do not get a birth certificate for your child?

In the US:

general legal: courthouse entrance door with brass handles

The child will not get a Social Security number.
Getting a legitimate job will be problematic for the child.
You will be ineligible for a driver's license.
You will not get into college.

Your right to access public records

Public-records rights in the United States run on two separate tracks, and confusing them is the most common mistake people make when they go looking for a birth certificate.

The federal Freedom of Information Act (FOIA) covers federal agencies only. FOIA.gov describes it as giving the public "the right to request access to records from any federal agency." It gives you no right to anything held by a state vital records office, so it is not the tool for a birth certificate.

FOIA also carries two distinct sets of carve-outs that are easy to mix up. The nine exemptions in (b) let a federal agency withhold material in these categories:

Classified national security information
Internal personnel rules and practices
Information another federal statute prohibits from disclosure
Trade secrets and confidential or privileged commercial or financial information
Privileged inter-agency communications, including deliberative process, attorney work product, and attorney-client material
Information whose release would invade personal privacy
Law enforcement records, which break down into six sub-categories
Records concerning the supervision of financial institutions
Geological and geophysical information about wells

The three narrower exclusions in (c) go further: they let an agency respond as though the records do not exist. They cover certain ongoing criminal investigations where the subject is unaware of the investigation, confidential informant records held by criminal law enforcement agencies, and certain FBI foreign intelligence and counterintelligence records.

Birth records sit on the other track entirely. Each state has its own public-records act and its own vital-statistics statute, and those state laws, not FOIA, decide who may see a birth certificate. Check the state table below.

How to view birth certificates online

As mentioned, to view public records, you must visit the agency that collects and maintains the records. For example, if you are in Ohio, you may order a birth certificate online at Ohio's Department of Health website.

What to remember:

Almost all states charge a fee.
States, including Ohio, transfer birth records older than 125 years to state archives, where they become open to public research.
You may order birth certificates by mail, online, or in person.

Are birth certificates public records? It depends on state law. For example, in California, under Cal. Health & Safety Code § 102430, a birth certificate is a public record excluding the part that contains the owner's family and medical information. In Arkansas, birth records are exempt from the state's own Freedom of Information Act, meaning state institutions may only share birth certificate information for research purposes, and the owner must consent to the sharing.

How to get a copy of a birth certificate

To request your birth certificate or someone else's, below is what you must do:

Find the state where the individual was born and gather the individual's full name, sex, place of birth, and parents' names.
Visit the state's vital records/vital statistics department online or in person.
You must pay a fee to access birth certificates in almost all states.
Check state legal requirements (state law may limit access to some records, or it may only allow close relatives to request birth records).

State laws: Is a birth certificate a public document?

Birth certificates are generally treated as public records in the United States, but state law determines what the public may actually access. For example, in some states, apart from you, only close relatives may request or view a copy of your birth certificate for a set period.

For example, Alabama Code § 22-9A-21(f), the disclosure provision in the vital statistics chapter the Alabama Department of Public Health identifies as its governing law, reads:

"When 125 years have elapsed after the date of birth or 25 years have elapsed after the date of death, the records of these events in the custody of the State Registrar shall become nonrestricted public records and any person may obtain copies of the records upon submission of an application containing sufficient information to locate the record and payment of the required fee."

Birth certificate laws by state

State	State Statute	Birth Certificate Public/Restricted Status	Vital Records Office
Alabama	Ala. Code § 22-9A-21	Public record after 125 years	Order a birth certificate
Alaska	AS 18.50.310(a)	Public record after 100 years from date of birth	Order a birth certificate
Arizona	Ariz. Rev. Stat. § 36-302	Restricted access; only immediate family may obtain copies	Order a birth certificate
Arkansas	Ark. Code Ann. § 20-18-304(a)	Restricted, exempt from the Arkansas FOIA; requires written consent	Order a birth certificate
California	Cal. Health & Safety Code § 102430	Limited public access; medical and family information is not open to the public	Order a birth certificate
Colorado	Colo. Rev. Stat. § 25-2-117(1)	Confidential; applicant must have a direct or tangible interest (family/close relative)	Order a birth certificate
Connecticut	Conn. Gen. Stat. § 7-51	Limited public access	Order a birth certificate
Delaware	16 Del. C. § 3110(f)	Public record 72 years after birth	Order a birth certificate
District of Columbia	D.C. Code, Title 7, Ch. 2A (Vital Records)	Becomes a public record 125 years after date of birth	Order a birth certificate
Florida	(1)	Confidential (family/close relatives); accessing someone else's certificate generally requires a court order. Released to any person once the record is more than 125 years old and not under court seal, under § 382.025(1)(a)	Order a birth certificate
Georgia	O.C.G.A. Title 31, Ch. 10	Available to close relatives or persons named on the certificate	Order a birth certificate
Hawaii	Haw. Rev. Stat. § 338-18	Limited public access	Order a birth certificate
Idaho	Idaho Code § 74-106(4)(e)	Public record after 100 years	Order a birth certificate
Illinois	410 ILCS 535/1 (Illinois Vital Records Act)	Only parents, guardians, or persons named on the certificate have access	Order a birth certificate
Indiana	Ind. Code § 16-37-2-9	Must have a direct, financial interest or be a close relative	Order a birth certificate
Iowa	Iowa Code § 144.43	Limited public access; requires a written application	Order a birth certificate
Kansas	K.S.A. § 45-221(a)	Birth certificates are not available for public disclosure	Order a birth certificate
Kentucky	Ky. Rev. Stat. § 213.131(1), (5)	Confidential; becomes a public record 100 years after the date of birth. The state registrar's annual index of births (name, mother's maiden name, date and county) is an open record under § 213.131(2)	Order a birth certificate
Louisiana	La. Rev. Stat. Ann. § 40:41(B)	Available only to persons named on the document or close relatives; may require a court order or consent	Order a birth certificate
Maine	22 M.R.S.A. § 2706	Must have a direct, legitimate interest or be a close relative; the public may need a court order	Order a birth certificate
Maryland	Md. Code, Health-General § 4-101(j)	Limited public access	Order a birth certificate
Massachusetts	Mass. Gen. Laws ch. 4, § 7(26)(q)	Public record, except for records of children born out of wedlock	Order a birth certificate
Michigan	Mich. Comp. Laws § 333.2894 (Public Health Code)	Available to relatives or persons with a direct interest	Order a birth certificate
Minnesota	, subd. 2	Where the mother was not married to the father, she may designate demographic birth data as public; all non-public birth data become public 100 years after the birth	Order a birth certificate
Mississippi	Miss. Code Ann. § 41-57-2	Must have a legitimate, tangible interest	Order a birth certificate
Missouri	Mo. Rev. Stat. Title XII, Ch. 193 (Vital Statistics)	Not open to the public	Order a birth certificate
Montana	(5)	May become a public record after 30 years	Order a birth certificate
Nebraska	Neb. Rev. Stat. § 71-612	Public record, but you must have a direct interest or be a close relative	Order a birth certificate
Nevada	NAC 440.021	Must provide proof of relationship or a direct/tangible interest	Order a birth certificate
New Hampshire	RSA 5-C:9	Restricted; requires a direct and tangible interest. Public record after 100 years	Order a birth certificate
New Jersey	N.J.A.C. 8:2-2	A certified copy requires proof of your relationship to the person named. A non-certified "certification" needs no proof of relationship, but it is not valid for establishing identity or for legal purposes and is generally useful only for genealogy	Order a birth certificate
New Mexico	NMSA 1978 § 24-14-27(C)	Public record after 100 years from date of birth, and 50 years after death	Order a birth certificate
New York	§ 4174 of the Public Health Law	Birth certificates are not public records, but the Department of Health issues uncertified genealogy copies once a birth record has been on file at least 75 years and the person named is known to be deceased; the waiting period is waived for direct-line descendants. Births in New York City are not filed with the state and are handled by the New York City Municipal Archives	Order a birth certificate
North Carolina	G.S. § 130A-93	Public records, excluding the names and addresses of the child and parent	Order a birth certificate
North Dakota	N.D.C.C. § 23-02.1-27	Restricted, but a birth record becomes an open record once the date of birth is more than 125 years old, and a certified copy may then be issued to anyone; adoption records stay confidential	Order a birth certificate
Ohio	Ohio Rev. Code § 3705.23	Public records	Order a birth certificate
Oklahoma	63 O.S. § 1-323(A)	Limited public access	Order a birth certificate
Oregon	ORS 432.350	Available to close family members	Order a birth certificate
Pennsylvania	35 Pa. Stat. § 450.804	Must show a direct interest. Not classified as a public document until 105 years after the birth, at which point the record becomes available through the Pennsylvania State Archives	Order a birth certificate
Rhode Island	R.I. Gen. Laws § 3-3-23(d)	Public record after 100 years	Order a birth certificate
South Carolina	S.C. Code § 44-63-80	Limited public access	Order a birth certificate
South Dakota	SDCL § 34-25-1	Public record, except for records of children born out of wedlock	Order a birth certificate
Tennessee	T.C.A. § 68-3-205; Tenn. Comp. R. & Regs. 1200-07-01-.11	Restricted while current. Once 100 years have elapsed after the date of birth, the records may be transferred from the State Registrar to the Tennessee State Library and Archives, where they are available for public research	Order a birth certificate
Texas	Tex. Gov't Code § 552.115	Public record after 75 years	Order a birth certificate
Utah	Utah Code § 26-2-22(4)(a)	Must have a direct, tangible, or legitimate interest	Order a birth certificate
Vermont	18 V.S.A. § 5002	Public record	Order a birth certificate
Virginia	Va. Code § 32.1-271(D)	Public record after 100 years	Order a birth certificate
Washington	RCW 70.58A	Certified copies restricted to qualifying relatives and representatives, who must show identity and proof of the relationship; anyone may obtain a noncertified informational copy	Order a birth certificate
West Virginia	W. Va. Code § 16-5-28	Restricted access (family/close relatives)	Order a birth certificate
Wisconsin	Wis. Stat. § 69.21(1)(b)1	Public records	Order a birth certificate
Wyoming	Wyo. Stat. § 35-1-427	Public record 100 years after birth; death records open after 50 years	Order a birth certificate

Watch out: This table summarizes each state's general rule, and several states have added or amended their vital-records provisions in recent years. Before you rely on a threshold for a genealogy request or a legal filing, confirm the current rule with the state vital records office linked in the right-hand column, or with the county clerk where the birth was recorded. Some states also route records past the public threshold to a separate state archives office rather than the health department, so the vital records office may not be the right place to ask for an old record.

Other Vital Records Laws

Frequently Asked Questions

Are birth certificates public records in the United States?

Birth certificates are treated as public records in the US, but access is controlled by state law rather than federal law. Each state's vital records office decides who can request a certified copy, and most restrict access to the person named on the certificate, immediate family members, or people with a direct and tangible interest.

Is there a federal database of birth certificates?

No. The federal government does not maintain a national birth registry or index of birth certificates. Each state and the District of Columbia issues, indexes, and stores its own birth certificates through its vital records or vital statistics office.

When do birth certificates become fully public records?

It depends on the state. Alabama, Florida, North Dakota and the District of Columbia open birth records to the public 125 years after the date of birth. Others use a shorter waiting period, such as Pennsylvania at 105 years, New Mexico at 100 years, Delaware at 72 years, and Montana at 30 years. Missouri sets no age-based threshold for birth records at all, since RSMo 193.245 opens only death records, after 50 years. New York does not classify birth certificates as public records either, but its Department of Health will issue an uncertified genealogy copy once a birth record has been on file at least 75 years and the person named is known to be deceased.

Who can request someone else's birth certificate before it becomes fully public?

Before the waiting period expires, most states only issue certified copies to the person named on the certificate, their parents or legal guardian, a spouse, adult children, or someone who can show a direct and tangible legal interest, such as an attorney handling an estate. Some states, like Florida, require a court order to release a certificate to someone outside that circle.

How do I order a certified copy of a birth certificate?

You request it directly from the vital records office in the state where the birth occurred, not from a federal agency. Most states let you apply online, by mail, or in person, and nearly all charge a processing fee. You typically need to provide the full name on the certificate, the date and place of birth, and the parents' names to verify your request.

What is the difference between a certified copy and an informational copy?

A certified copy carries the registrar's seal and can be used to prove identity, apply for a passport, or support a legal filing, and states generally require proof of your relationship to the person named before issuing one. An informational or non-certified copy carries a notice that it is not valid for identity or legal purposes. New Jersey, for example, waives the proof-of-relationship requirement only for those non-certified certifications, which the state describes as generally useful only for genealogy.

What happens if a child never gets a birth certificate?

Without a birth certificate, a child can face real obstacles establishing legal identity, including being denied a Social Security number, a driver's license, enrollment in school or college, and eventually a passport.

Can I use the federal Freedom of Information Act (FOIA) to get someone's birth certificate?

No. FOIA reaches records held by federal agencies only. Birth certificates are issued and held by state vital records offices, so a FOIA request does not apply to them. You need to contact the specific state's vital records office instead, and use that state's own public-records law if the office refuses.

Updates

August 9, 2026

Corrected the Virginia citation for the 100-year public-record rule from Va. Code 32.1-249 (a definitions-only section) to Va. Code 32.1-271(D), which is the section that actually sets the 100-year threshold.

August 9, 2026

Governing law re-checked for recent changes

August 3, 2026

Independently fact-checked against the cited primary sources

August 3, 2026

Fact-checked the article against primary sources and corrected several errors. Tennessee and North Dakota were wrongly described as never becoming public records: North Dakota opens a birth record once the date of birth is more than 125 years old (N.D.C.C. 23-02.1-27), and in Tennessee, once 100 years have elapsed after the date of birth, the records may be transferred from the State Registrar to the State Library and Archives for public research (Tenn. Comp. R. and Regs. 1200-07-01-.11). Both states were removed from the FAQ list of states with no age-based public-access threshold. Corrected the Kentucky row, which cited the subsection covering the state registrar's annual birth index and told readers that Kentucky birth certificates are public records: under Ky. Rev. Stat. 213.131(1) vital records are confidential, and 213.131(5) makes them public records 100 years after the date of birth. Clarified the New York row and the related FAQ answer: New York birth certificates are still not public records, but the state Department of Health issues uncertified genealogy copies once a birth record has been on file at least 75 years and the person named is known to be deceased, with that waiting period waived for direct-line descendants. Clarified the Washington row, which had said only 'Public records': certified copies are limited to qualifying relatives and representatives who show identity and proof of relationship, while anyone may obtain a noncertified informational copy. Removed a United States Census Bureau attribution for the claim that birth certificates are public records, because the cited Census page takes no position on public-record status and says only that the bureau does not issue birth certificates or keep files or indexes of birth records. Corrected the statement that the federal Freedom of Information Act reaches state agency records; FOIA covers federal agencies only, which the article's own FAQ had already said. Separated and relabeled FOIA's nine exemptions under 5 U.S.C. 552(b) from its three exclusions under 5 U.S.C. 552(c), which had been run together, and added the omitted trade-secret exemption. Corrected the Minnesota citation from Minn. Stat. 144.218 (the adoption confidentiality provision) to 144.225, subd. 2, and added that state's 100-year public-access rule. Fixed Wyoming's threshold, which ran from the date of death rather than the date of birth. Qualified the New Jersey row: proof of relationship is required for a certified copy and waived only for non-certified informational copies, per the state's own ordering page. Added the omitted public-access thresholds for Florida (125 years) and Pennsylvania (105 years, held at the Pennsylvania State Archives). Added a caution to verify any threshold with the state office before relying on it, and a new FAQ on certified versus informational copies.

July 13, 2026

Audited and corrected a WordPress-migration bug that had degraded 47 markdown links into bare, unclickable URL parentheticals, including a badly mangled UN OHCHR citation that had a stray Word filename concatenated onto the end of a PDF URL. Replaced the mangled citation with the correct, live OHCHR Convention on the Rights of the Child treaty page. Re-verified and, where dead or swapped between states, corrected all 51 state vital-records office links in the state-by-state table (several had rotted or been cross-contaminated between states during the original migration, for example Minnesota showing Maryland's link, New Mexico showing Nebraska's link, and Utah showing Texas's link). Fixed several run-together bullet lists that had lost their line breaks in the same migration. Removed a non-sequitur PACER citation, corrected an Alabama statute number typo and a Georgia statute chapter number, added a Frequently Asked Questions section, and removed the article's accidental self-link.

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

Florida Statutes

§ 382.025Certified copies of vital records; confidentiality; research.In forcecited in 5 of our articles

(1) BIRTH RECORDS.—Except for birth records over 125 years old which are not under seal pursuant to court order, all birth records of this state shall be confidential and are exempt from the provisions of s. 119.07(1).(a) Certified copies of the original birth certificate or a new or amended certificate, or affidavits thereof, are confidential and exempt from the provisions of s. 119.07(1) and, upon receipt of a request and payment of the fee prescribed in s. 382.0255, shall be issued only as authorized by the department and in the form prescribed by the department, and only:1. To the registrant, if the registrant is of legal age, is a certified homeless youth, or is a minor who has had the disabilities of nonage removed under s. 743.01 or s. 743.015; 2. To the registrant’s parent or guardian or other legal representative; 3. Upon receipt of the registrant’s death certificate, to the registrant’s spouse or to the registrant’s child, grandchild, or sibling, if of legal age, or to the legal representative of any such person; 4. To any person if the birth record is more than 125 years old and not under seal pursuant to court order; 5.

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at leg.state.fl.us

Also relied on in: How to Find a Cause of Death in Florida (2026), Florida Death Records: Are They Public + How to Get One, Florida Marriage and Divorce Records: How to Get a Copy (2026)

Kansas Statutes Annotated, Chapter 45: PUBLIC RECORDS, DOCUMENTS AND INFORMATION

§ 45-221Certain records not required to be disclosed; separation of open and closed information required; disclosure of statistical information; records over 70 years old open, exceptions.In forcecited in 7 of our articles

(a) Except to the extent disclosure is otherwise required by law, a public agency shall not be required to disclose: (1) Records the disclosure of which is specifically prohibited or restricted by federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation oversight relating to information submitted to the committee pursuant to K.S.A. 75-4315d, and amendments thereto, or the disclosure of which is prohibited or restricted pursuant to specific authorization of federal law, state statute or rule of the Kansas supreme court or rule of the senate committee on confirmation oversight relating to information submitted to the committee pursuant to K.S.A. 75-4315d, and amendments thereto, to restrict or prohibit disclosure. (2) Records that are privileged under the rules of evidence, unless the holder of the privilege consents to the disclosure. (3) Medical, psychiatric, psychological or alcoholism or drug dependency treatment records that pertain to identifiable patients.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at ksrevisor.gov

Cited in 46 court opinionsMost recently applied by a court: 2025

In the courts (editorial summary, independently checked):Kansas courts construe the K.S.A. 45-221 exceptions narrowly, and the exceptions permit withholding rather than require it. In Telegram Publishing Co. v. Kansas Department of Transportation (2003) the agency carried the burden and lost an (a)(1) claim. Harris Enterprises, Inc. v. Moore (1987) affirmed a denial under (a)(10).

Leading cases:

State, Department of Social & Rehabilitation Services v. Public Employee Relations Board of the Kansas Department of Human Resources (Supreme Court of Kansas 1991, 249 Kan. 163)✓A state hospital gave a certified union its employees' names but withheld home addresses; the Kansas Supreme Court held K.S.A. 45-221 does not prohibit disclosure but leaves it discretionary with the records custodian, so the agency could not refuse the disclosure order.
Wichita Eagle & Beacon Publishing Co. v. Simmons (Supreme Court of Kansas 2002, 274 Kan. 194)✓A newspaper sought corrections records on parolees charged with murder; the Kansas Supreme Court held the K.S.A. 45-221(a)(20) exemption covers proposed policies, not actions already taken, and that subsection (d) required the agency to furnish redacted records.
Harris Enterprises, Inc. v. Moore (Supreme Court of Kansas 1987, 241 Kan. 59)✓A newspaper sued for the Duffield murder investigation files; applying K.S.A. 45-221(a)(10), the Kansas Supreme Court put the public-interest burden on the requester and the other four findings on the agency, and affirmed the discretionary denial after in camera review.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Kansas Police Body Camera Laws: Access & K.S.A. 45-254, Kansas Public Records Laws: The Kansas Open Records Act (KORA) Explained, Kansas Laws on Recording Police

Kentucky Revised Statutes, Chapter 213: VITAL STATISTICS

§ 213.131Inspection of records -- Public recordsIn forcecited in 3 of our articles

(1) To protect the integrity of vital records, to insure their proper use, and to insure the efficient and proper administration of the system of vital statistics, it shall be unlawful for any person to permit inspection of, or to disclose information contained in vital records or to copy or issue a copy of all or part of any record except as authorized by this chapter, by regulation, or by order of a court of competent jurisdiction. Administrative regulations adopted by the cabinet shall provide for adequate standards of security and confidentiality of vital records and shall conform to subsection (4) of this section. (2) The state registrar shall prepare annually an alphabetical list of all persons registered as born in the preceding year. The list shall show the person's name, the mother's maiden name, and the date and county of birth. This list shall be an open record subject to inspection by the public upon request. (3) The state registrar shall prepare annually an alphabetical list of all persons registered who die in the Commonwealth.

Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at apps.legislature.ky.gov

Also relied on in: How to Find a Cause of Death in Kentucky (2026), Kentucky Death Records: Are They Public + How to Get Them

Minnesota Statutes, Chapter 144: DEPARTMENT OF HEALTH

§ 144.225DISCLOSURE OF INFORMATION FROM VITAL RECORDSIn forcecited in 5 of our articles

Subdivision 1. Public information; access to vital records. Except as otherwise provided for in this section and section 144.2252, information contained in vital records shall be public information. Physical access to vital records shall be subject to the supervision and regulation of the state registrar and employees pursuant to rules promulgated by the commissioner in order to protect vital records from loss, mutilation or destruction and to prevent improper disclosure of vital records which are confidential or private data on individuals, as defined in section 13.02, subdivisions 3 and 12. Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision, data pertaining to the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born, including the original record of birth and the certified vital record, are confidential data. At the time of the birth of a child to a woman who was not married to the child's father when the child was conceived nor when the child was born, the mother may designate demographic data pertaining to the birth as public.

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at revisor.mn.gov

Cited in 2 court opinionsMost recently applied by a court: 2016

Leading cases:

Hoeft v. Hennepin County (Court of Appeals of Minnesota 2008, 754 N.W.2d 717)“…icate. Appellants assert that this right is founded in both Minn.Stat. § 144.225 (2006 & Supp.2007) and article I, secti…”
Beverly Waldorf Tokarz v. State of Minnesota (Court of Appeals of Minnesota 2016)“…ubject to the supervision and regulation of the registrar. Minn. Stat. § 144.225, subd. 1 (2014). The registrar is requi…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Are Cause of Death Records Public? How to Find One, Free or Paid, Minnesota Death Records: Are They Public + How to Get Them, How to Find a Cause of Death in Minnesota (2026)

Revised Statutes of Missouri, Title XII (PUBLIC HEALTH AND WELFARE), Chapter 193

§ 193.245Inspection and copying of records, disclosure of information, unlawful unless authorized — authority.In forcecited in 4 of our articles

It shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital records or to copy or issue a copy of all or part of any such record except as authorized by this law and by regulation or by order of a court of competent jurisdiction or in the following situations: (1) The department may authorize the disclosure of information contained in vital records for legitimate research purposes; (2) To a qualified applicant as provided in section 193.255; (3) Copies of death records over fifty years old may be disclosed upon request.

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at revisor.mo.gov

Also relied on in: Missouri Death Records: Are They Public + How to Get One, How to Find a Cause of Death in Missouri (2026), Missouri Marriage and Divorce Records: The County Holds the Real Copy

Montana Code Annotated, Title 50

§ 50-15-122Disclosure Of Information From Vital Records Or Vital Reports -- RulesIn forcecited in 5 of our articles

50-15-122. Disclosure of information from vital records or vital reports -- rules. (1) It is the policy of the state to protect the integrity of vital records and vital reports, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital statistics. In furtherance of the policy, a person may not permit inspection of or disclose information contained in vital records or in vital reports or copy or issue a copy of all or a part of a record or report unless authorized by this chapter, by administrative rule, or by order of a court of competent jurisdiction. Rules adopted under this chapter must provide for adequate standards of security and confidentiality of vital records. (2) The execution of a research agreement that protects the confidentiality of the information provided to a researcher in response to a written request is required for disclosure of information that may identify a person or institution named in a vital record or report. This agreement must be made in compliance with this chapter or rules adopted to implement this chapter.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at mca.legmt.gov

Also relied on in: How to Find Out if Someone Is Married or Divorced (Official Records Only), Montana Marriage and Divorce Records: Index Only at the State Level, Marriage & Divorce Records by State: Who Holds Them and How to Get a Copy

New Mexico Statutes Annotated 1978, Chapter 24

§ 24-14-27Disclosure of recordsIn forcecited in 3 of our articles

A. The state registrar or other custodian of vital records shall not permit inspection of or disclosure of information contained in vital records or copying or issuance of a copy of all or part of any record except as authorized by law. B. The department shall provide access to record level data required by the New Mexico health policy commission. The New Mexico health policy commission may only release record level data obtained from vital records in the aggregate. For the purposes of this subsection, "record level data" means one or more unique and non-aggregated data elements relating to a single identifiable individual. The department may authorize the disclosure of data contained in vital records for other research purposes. C.

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at nmonesource.com

Also relied on in: New Mexico Death Records: Are They Public + How to Get Them, How to Find a Cause of Death in New Mexico (2026)

Ohio Revised Code

§ 3705.23Copies of vital recordsIn forcecited in 5 of our articles

(A)(1) Except as otherwise provided in this section, the director of health, the state registrar, or a local registrar, on receipt of a signed application and the fee specified in section 3705.24 of the Revised Code, shall issue a certified copy of a vital record, or of a part of a vital record, in…

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at codes.ohio.gov

Cited in 13 court opinionsMost recently applied by a court: 2024

In the courts (editorial summary, independently checked):Ohio courts treat section 3705.23 as an application-and-fee route to a certified death certificate rather than a public-records channel. Walsh v. Ohio Dept. of Health (2022) held death certificates are not public records under R.C. 149.43, and Ludlow v. Ohio Dept. of Health (2024) held it does not open bulk cause-of-death data.

Leading cases:

Walsh v. Ohio Dept. of Health (Ohio Court of Appeals 2022, 183 N.E.3d 1281)✓A requester sought Ohio's entire death registry, with names and causes of death, as a public record; the court held that under the current section 3705.23 the state may issue only certified copies on a signed application and fee, so death certificates are not public records.
In re Estate of Burdette (Ohio Court of Appeals 2016, 2016 Ohio 5866)✓A DNA-confirmed daughter tried to reopen her father's intestate estate using a birth certificate naming him; the court applied section 3705.23's rule that a certified copy is prima facie evidence of the facts in it, but held that presumption rebuttable and rebutted here.
Ludlow v. Ohio Dept. of Health (Ohio Supreme Court 2024, 176 Ohio St. 3d 26)✓A newspaper reporter sought Ohio's death-certificate database with names and addresses; the court held section 3705.23 lets a requester who already has the identifying details buy one certified copy for a fee, which does not open bulk cause-of-death data to records requests.

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: Ohio Death Records: Are They Public + How to Get Them, How to Get an Ohio Death Certificate (2026), Ohio Marriage and Divorce Records: Probate Court and Common Pleas (2026)

Code of Virginia, Title 32.1: Health

§ 32.1-271Disclosure of information in records; when unlawful; when permitted; proceeding to compel disclosure; when certain records made publicIn forcecited in 5 of our articles

A. To protect the integrity of vital records and to ensure the efficient and proper administration of the system of vital records, it is unlawful, notwithstanding the provisions of §§ 2.2-3700 through 2.2-3714, for any person to permit inspection of or to disclose information contained in vital records or to copy or issue a copy of all or part of any such vital records except as authorized by this section or regulation of the Board or when so ordered by a court of the Commonwealth. B. Data contained in vital records may be disclosed for valid and substantial research purposes in accordance with the regulations of the Board. C. Any person aggrieved by a decision of a county or city registrar may appeal to the State Registrar. If the State Registrar denies disclosure of information or inspection of or copying of vital records, such person may petition the court of the county or city in which he resides if he resides in the Commonwealth or in which the recorded event occurred or the Circuit Court of the City of Richmond, Division I, for an order compelling disclosure, inspection or copying of such vital record.

Official text (excerpt) · last checked 2026-09-04 · Read the full text in our law library · Verify at law.lis.virginia.gov

Also relied on in: How to Find Someone's Cause of Death in Virginia (2026), Virginia Marriage and Divorce Records: How to Get a Copy (2026), Virginia Death Records: Are They Public + How to Get One

West Virginia Code

§ 16-5-28Copies from the system of vital statistics.In forcecited in 3 of our articles

In accordance with §16-5-27 of this code and the legislative rules promulgated thereunder: (a) The State Registrar and other custodians of vital records authorized to issue certified copies shall upon receipt of an application, issue a certified copy of a vital record in his or her custody to the registrant, his or her parents, spouse, adult children, grandchildren or great-grandchildren, legal guardian, or their respective authorized representative. Additionally, the State Registrar and other custodians of vital records, upon receipt of an application, shall issue a certified copy of a vital record in his or her custody to a child placing agency completing adoption on behalf of the department. Others may be authorized to obtain certified copies when they demonstrate that the record is needed for the determination or protection of his or her personal or property right. The department may promulgate rules to further define others who may obtain copies of vital records filed under this article. (b) All forms and procedures used in the issuance of certified copies of vital records in the state shall be approved by the State Registrar.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at code.wvlegislature.gov

Also relied on in: West Virginia Marriage and Divorce Records: Where to Get a Copy, How to Get a West Virginia Death Certificate (2026)

United States Code Title 5

§ 552Public information; agency rules, opinions, orders, records, and proceedingsIn forcecited in 36 of our articles

Each agency shall make available to the public information as follows: Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and each amendment, revision, or repeal of the foregoing.

Official text (excerpt) · last checked 2026-09-02 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 11,434 court opinionsMost recently applied by a court: 2026

In the courts (editorial summary, independently checked):United States Department of Justice v. Reporters Committee for Freedom of the Press (1989) held categorically that releasing a private citizen's FBI rap sheet to a third party is an unwarranted privacy invasion under Exemption 7(C). Consumer Product Safety Commission v. GTE Sylvania, Inc. (1980) applied Exemption 3, 552(b)(3).

Leading cases:

Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…Pub. L. 93-502, § 1 (b) (2), 88 Stat. 1561 (amending 5 U. S. C. § 552 (a)); Packers and Stockyards Act, 42…”
Consumer Product Safety Commission v. GTE Sylvania, Inc. (Supreme Court of the United States 1980, 447 U.S. 102)✓Consumer groups filed FOIA requests for accident reports manufacturers had given the CPSC as confidential; the Court held that the Consumer Product Safety Act's section 6(b)(1) applies to FOIA requests and that its standards fall within Exemption 3, 5 U.S.C. § 552(b)(3).
Taylor v. Sturgell (Supreme Court of the United States 2008, 553 U.S. 880)✓An aircraft enthusiast made a FOIA request for FAA records after a friend's identical suit failed; the Court disapproved preclusion by 'virtual representation' and read § 552(a)(3)(A) as directing agencies to release records to the requesting person, not the public at large.