"Open" State Vital Records: The Bad and the Ugly

One of Several Posts about Open Government Laws and Genealogy

Previously, we spotlighted several states that are particularly "genealogy-friendly" concerning access to state vital records. Now we wade into the swamp of vital records-access horribles.

At the edge of the swamp are states that have unreasonably long (100 years or more for birth records; more than fifty years for death records; or any period for ordinary marriages and divorces) confidentiality periods. These states include:

• Alabama: 125 years for birth records!

• Alaska: 100 years for birth records; fifty years for marriage records

• Arkansas: 100 years for birth records

• Delaware: 100 years for birth records

• Hawaii: 75 years for death and marriage records

• Idaho: 100 years for birth records; 50 years for marriage and divorce records

• Iowa: 75 years for death, marriage and divorce records; even then, records are simply open for inspection and copying; no copies issued by the state except to persons of a certain relationship.

• Louisiana: 100 years for birth records

• Michigan: 100 years for birth records (on the other hand, anyone can have access to Michigan death records).

• New Jersey: 50 years for marriage records

• New Mexico: 100 years for birth records, but not prior to individual's death (but see below).
  

• New York: 50 years for marriage records AND both husband and wife are known to be deceased.

• Oregon: 100 years for birth records

• Rhode Island: 100 years for birth records

• Wyoming: 50 years for marriages and divorces

Vital Records Access Hell

• Georgia: Birth certificates appear to be available only to (1) the person whose record of birth is registered; (2) either parent, guardian, or temporary guardian of the person whose record of birth or death is registered; (3) the living legal spouse or next of kin or the legal representative of the person whose record of birth or death is registered; (4) a court of competent jurisdiction upon its order or subpoena; or (5) any governmental agency, state or federal, provided that such certificate shall be needed for official purposes. This is my reading of Georgia Code section 31-10-26(a) & (e). The law appears to prohibit the issuance of informational or uncertified copies of birth certificates and even abstracts or indices of birth records. If I'm reading this incorrectly, will some Georgia genealogist or lawyer please set me straight.

• Indiana: Birth and death records are closed to the public and may be disclosed only (1) to an applicant having a direct interest in the matter recorded; (2) when the information is necessary for the determination of personal or property rights or for compliance with state or federal law; or (3) in any extraordinary case that the state registrar determines is a direct tangible and legitimate public interest. That's my interpretation of Indiana Code section 16-37-1-10. If I'm reading this incorrectly, will some Indiana genealogist or lawyer please set me straight.
  

• Kansas: One of the worst! "Currently, the Office of Vital Statistics does allow requests for genealogical research. Pre-1940 records may be requested by an individual related as at least a cousin. Post 1940 records must be requested by an immediate family member." Kansas Department of Health and Environment vital statistics website (viewed 3/27/2008)
  

• Mississippi: "Vital Records are not considered public access documents. Certified copies of records in the custody of the Department of Health may be obtained by persons having a legitimate and tangible interest in such records." Mississippi State Department of Health Vital Records Rules and Regulations (viewed 3/27/2008). The statute says:
• Records in the possession of the Mississippi Department of Health, bureau of vital statistics, which would be of no legitimate and tangible interest to a person making a request for access to such records, shall be exempt from the provisions of the Mississippi Public Records Act of 1983; provided, however, nothing in this section shall be construed to prohibit any person with a legitimate and tangible interest in such records from having access thereto. Miss.Code 1972, 41-57-2 (1983).
  

• New Mexico: "New Mexico Vital Records are restricted access records and are only issued to immediate family members or individuals who demonstrate tangible legal interest," so says the New Mexico Department of Health's website. But, that seems to contradict the statute, which says that records may be disclosed 100 years after birth (but not before person's death) and 50 years after death. See N.M.Stat. 24-14-27. So the Land of Enchantment makes the hell list not only for being unreasonable, but for confusing people as well.

• Pennsylvania: Vital records are not open to the public. Eligible requestors are (1) person named on a birth record; (2) legal representative of decedent's estate; (3) immediate family members; (4) extended family members who indicate a direct relationship to the decedent. Pennsylvania Department of Health vital records website (viewed 3/27/2008).
  

• South Carolina: Entitled recipients: (1) the person named on a birth certificate (if eighteen (18) years of age); (2) the parent(s) named on the birth certificate; or the guardian, or a legal representative of one of these persons. On the other hand, any applicant may be provided a statement that a death occurred, including the date and county of death. South Carolina Department of Health and Environmental Control vital records website (viewed 3/27/2008).

There are several states (some listed here, some not) that say that records are open to persons with "a direct and tangible interest," or a "legitimate interest," or words to that effect. Without some mitigating factors, this should be enough to consign a state to Vital Records Access Hell. These phrases frequently have no definition, leaving a requestor to the whims of a vital records clerk. It certainly seems to me that genealogical research is a "legitimate," "direct," or "tangible" interest!

Special Place in Hell for Online Records Sites

This series has not been focused on online records. A state can earn kudos without having online acess to its records. But if a jurisdiction is going to have on-line access, it should be convenient and affordable. Alas, such is not the case with the Caddo Parish (La.) Clerk of Court's office, so they are awarded this year's SPIHFORS. The Caddo clerk's online marriage records search function frequently doesn't work properly. And then there's the matter of fees for the other databases: a $100 "setup" fee and $30.00 a month to view images! Outrageous! Just about fifty miles west of Shreveport, the seat of Caddo Parish, in Gregg County, Texas (much smaller in population than Caddo Parish), the County Clerk provides free online access to some of the same types of documents for which Caddo wants exorbitant fees.

An American Hero: PFC Henry Svehla: Help Bring Him Home

Note: This is the third in a series of four posts about heroic soldiers who were denied or overlooked for the Medal of Honor at the time of their extraordinary acts. Less than ten days ago, Congress authorized the award of the Medal to five of these men.

Henry Svehla was born in 1932 in Essex, New Jersey. His ancestors came from that part of the Czech Republic once known as Bohemia.

During the Korean War, Svehla served as a Private First Class with the 32nd Infantry, 7th Division. It was difficult in his case to find the "story behind the story." However, PFC Svehla was posthumously awarded the Distinguished Service Cross (DSC) for his actions on June 12, 1952. This is the same incident for which Congress has now voted to award him the Medal of Honor. A description of the incident can be found in the citation accompanying the DSC:

The President of the United States takes pride in presenting the Distinguished Service Cross (Posthumously) to Henry Svehla (RA21748254), Private First Class, U.S. Army, for extraordinary heroism in connection with military operations against an armed enemy of the United Nations while serving with Company F, 2d Battalion, 32d Infantry Regiment, 7th Infantry Division. Private First Class Svehla distinguished himself by extraordinary heroism in action against enemy aggressor forces at Pyongony, Korea, on 12 June 1952. Committed to determine enemy strength and capabilities on key terrain, Private Svehla's platoon forged up the rocky slope. Coming under heavy automatic-weapons and small-arms fire, the troops began to falter. Realizing the success of the mission was imperiled, Private Svehla charged forward, firing his weapon and throwing grenades. The men, rallying to the challenge, joined in the assault against a numerically superior foe and inflicted numerous casualties. Although wounded by a mortar burst, Private Svehla refused medical treatment and continued to lead the attack. During the ensuing conflict, an enemy grenade fell in the midst of the group. While attempting to dispose of the grenade to protect his comrades from injury which might result from the explosion of the grenade, Private Svehla lost his life.

Department of the Army, General Orders No. 18, February 18, 1953

Thanks to the folks at Home of Heroes for the citation.

According to the Department of Defense, Henry Svehla's body was either not recovered or not positively identified. It is not clear whether his family is aware of the recent Congressional action to award him the Medal of Honor or who pressed for that action.

Efforts are ongoing to identify the remains of PFC Svehla. The identification process is being handled at the Central Identification Laboratory (CIL) of the Joint POW/MIA Accounting Command (JPAC) in Honolulu, Hawaii. But the CIL scientists need a "Family Reference Sample" of mitochondrial DNA (mtDNA) to complete their identification process for Henry Svehla. This type of DNA is only passed through the maternal line.

Your Help Needed!

PFC Henry N. Sevhla, American Hero, more than the Medal of Honor needs to come home. If you are one of PFC Svehla's family members who can provide a mtDNA sample, or if you are a genealogist interested in researching his fammily history to locate such a familly member, then youi can help bring him home. If you think you may be a suitable donor or you have any questions, all you need to do is contact a Department of Defense service casualty office for assistance. If you know people who are relatives of service members who are still missing in action, you can help by passing this information along. If you donate a sample of your mitochondrial DNA, you can rest assured that it will only be used for the purposes of assisting remains identification and will not be used for any other purpose or be released to other government agencies or any other organizations. If you donate a sample of your mitochondrial DNA to JPAC for identification purposes, you can rest assured that it will only be used for the purposes of assisting remains identification and will not be used for any other purpose or be released to other government agencies or any other organizations.

There are Svehla-surnamed folks living in New Jersey today. If you know them or are related to them, pass along this information. Please help bring this hero to his final resting place.

[By the way, you can learn if JPAC needs any other Family Reference SAmpales for other unidentified service members by going to the JPAC FRS search page.]

Here's a brochure that explains about Family Reference Samples.