Community Letter – Access to New York State Vital Records

Please sign on to the following letter that will be submitted by the NYG&B as written testimony on behalf of the family history community at large. This community-wide letter specifically asks (1) that the current time frames for publicly available vital records be kept in place (births at 75 years; deaths at 50 years; marriages at 50 years) and (2) if these time frames can’t be maintained, then the list of those who can obtain vital records be expanded, mirroring those in New York City.

Beneath the letter are fields to submit your signature, email, city, and state, as well an optional field to identify the counties within New York where you are conducting genealogical research.

Signatures must be submitted with this form by Monday, February 10, 2025, so we may submit as written testimony for the New York State Senate Joint Legislative Budget Hearing to be held on February 11, 2025.

Dear Chair Kruger, Chair Pretlow, and members of the New York State Senate Health/Medicaid Committee,

We are collectively writing to you today as concerned citizens and family history researchers to provide testimony on how the proposed bill regarding "Part U – Digitize Genealogical Records" in the FY 2026 Executive Budget would impact our access to genealogical records.

Vital record access is essential for genealogists, historians, and anyone else researching their family history. To ensure that our community is not negatively affected, it is imperative that no undue burdens regarding access or procurement are placed upon those seeking records.

Certain aspects under the proposed bill in Part U would negatively impact our ability to conduct genealogical research and close off important access points—and sometimes the only avenue—for discovering and understanding our family history.

In Part U, the Department of Health Commissioner would determine “the means and methods by which certain genealogical records may be released to an application” with time restrictions such as:

• Birth records at 125 years old
• Death records at least 75 years old
• Marriage (and dissolution of marriage) records at least 100 years old (when both parties are known to be deceased).

These revised time frames would severely curtail our access to vital records and ability to conduct genealogical research. Instead, we ask that the current time frames for publicly available vital records be maintained as follows:

• 50 years for death records. This allows access to death certificates for the deceased who arrived in the country and New York State in the early to mid-1900s and died in the 1957 to 1972 period, including newer immigrants, resettled refugees, holocaust survivors, and others who have made New York their home in recent years.
• 75 years for birth records, when the person is known to be deceased. If this time frame cannot be maintained, then the current requirement for a court order should be dropped between 50 and 75 years if the person is deceased.
• 50 years for marriage records, following the current time frame and mirroring the access period for New York City marriage records.

If the current time frames cannot be maintained and are lengthened, then we ask that:

1. The relationship of individuals entitled to request death certificates and marriage records should be expanded to mirror those of New York City, namely:

   • Spouse
   • Domestic partner
   • Parent
   • Child
   • Sibling
   • Grandparent
   • Grandchild
   • Informant listed on the certificate
   • Person in charge of disposition
   • Niece/nephew (without cause of death on certificate)
   • Aunt/uncle (without cause of death on certificate)
   • Great grandchild and great-great grandchild (without cause of death on certificate)
   • Grandniece/grandnephew (without cause of death on certificate)

    

2. The relationship of individuals entitled to request birth certificates when the person is deceased should be expanded to mirror those of New York City, namely:
   • Spouse
   • Domestic partner
   • Parent (if the deceased was 18 or younger)
   • Child
   • Sibling
   • Niece/Nephew
   • Aunt/Uncle
   • Grandchild
   • Grandniece/Grandnephew
   • Great grandchild

These are particularly urgent issues, and your leadership is a necessary component to ensure continued access to New York State vital records for us and for the wider family history community. Your consideration of these matters and solutions is very much appreciated, and we thank you for the opportunity to speak.

Sincerely,

New York Genealogical and Biographical Society (NYG&B) Community

[All signatures to be listed here in final letter.]