Vital records explained? Are death certificates public record?

Vital records explained: How can I find out if someone has died?

Under the freedom of Information Act (FOIA), Americans have the right to access data/information recorded or filed by a public agency. According to the national archives, vital records/public records include:

• Birth certificates
• Divorce decrees
• Wills
• Marriage licenses.
• Death certificates.

In theory, all members of the public have the right to access the documents listed above. However, state law determines who may view the documents. In some states, only close family and persons who have “direct interest” may gain access to birth and death certificates and in others, birth and death certificates become public records after a set period.

“When 72 years have elapsed after the date of birth, 40 years have elapsed after the date of death, or 50 years have elapsed after the date of marriage, the records of these events shall become public records, and information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.”

How can I find out if someone has died?

If you are a close relative or if state law allows it, you may visit the agency that keeps your state’s vital records and file a request.

What if you do not have a direct interest or close relationship with the deceased?

To get someone else’s birth certificate, most states require you to submit proof of relationship or an explanation on why you need the record. You may get death or birth certificates for research, but again, state law determines the amount of information you or a relative may receive.

In general, what you need to do is:

• Check state requirements/ vital record laws (creating a table)
• Pay a fee
• Order a death certificate

If you do not qualify, you may do the following:

• Contact close family members
• Visit the local courthouse or law enforcement agency -with identifying information of the person.
• Check online obituaries.
• Check the person’s social media activity.
• Use genealogy or historical sites.

What to remember:

• The FOIA act does not have an exemption for information about deceased persons.
• The FOIA act allows federal and state agencies to withhold some information.
• Medical records and death certificates are not public records.
• Birth certificates and death certificates may become public records after a set period.
• A death certificate is a record of the fact of death.
• You may need a death certificate to get a burial permit.
• State law determines who has authority to access death certificates and other vital records.
• In some states, death certificates are publicly available at the county clerk’s office or official state vital records website.
• You may get an “informational” or “certified” copy of a birth certificate – depending on your relationship with the deceased.
• A certified copy bears the official stamp.

What is a legal cause of death?

Legally, “cause of death” refers to an official determination of conditions that result in the death of a human. In almost all states, the law requires the appropriate authority to record the cause in a death certificate.

Death could be natural, accidental, suicide, or homicide.

How do I find out the cause of death?

As mentioned, in most states only close relatives have access to death certificates. Consequently, the easiest way to find the cause of death is to speak to the family, hospital, or funeral home. If the person was murdered, you should check police records or news reports from the area.

How do I find a death certificate in the US?

To find a death certificate, you must

• order a death certificate online or visit your county clerk’s office.
• You may get an informational copy from the mortuary or funeral home.

Are autopsy reports public records?

In the US, autopsy reports are not public records, but close family records or persons who have direct interest may have access. For example, In California, under Cal Civ. Proc 130, the family of a deceased minor may request the state to seal autopsy reports. If that happens, you may need a court order to view the report. The statute reads, quote:

“upon the request of a qualifying family member of the deceased child, the autopsy report and evidence associated with the examination of the victim in the possession of a public agency, as defined in Section 6252 of the Government Code, shall be sealed and not disclosed, except that an autopsy report and evidence associated with the examination of the victim which has been sealed pursuant to this section may be disclosed

Are death certificates public records?

As mentioned, it depends on state law and your relationship with the deceased. That means family members may request birth or death certificates from the appropriate state agency.

Use the table below to find out if death certificates are public records in your state.

Note: “direct, legitimate and tangible interest” typically refers to persons including:

• Children
• Parent/guardian/grand parents
• Brother/sister
• Spouse/next of kin
• Researches
• Legal representatives
• Insurers.

Other Vital Records Laws

• Are 911 Calls Public Records?
• Are Autopsies Public Records? Vital Records Explained
• How to Check if Your Record Has Been Expunged
• Vital Records Explained: Are birth certificates public records?
• Vital Records Explained: Is ‘Cause of Death’ public record?

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