Vital Records Explained: Are birth certificates public records?
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.
According to the United States Census Bureau, birth certificates are public records. But the federal government does not keep files or indexes of birth certificates. Instead, it is up to the states to issue and index birth certificates. Therefore, state law determines who has the authority to access birth certificates.
Tip: The Census Bureau does not issue birth certificates or keep its own files of birth records. Its 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.
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:
- 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
Under California law, a "member of the public" refers to all citizens apart from federal or state employees acting within the scope of their employment. Consequently, it is your legal right to access public records, and government agencies have an obligation to make public records available. Why?
Under the Freedom of Information Act (FOIA), you may request federal and state agency records, but there are three exclusions:
- Exclusion 1: protects ongoing criminal law investigations on the condition that disclosure of the document may interfere with ongoing investigations.
- Exclusion 2: protects informer records.
- Exclusion 3: protects classified records.
The state or federal agency may limit access to the following public records:
- Geological and geophysical information
- Information concerning bank supervision
- Law enforcement records
- Letters or memos protected by legal privileges
- Information that is exempt under other laws
- Internal personnel rules and practices
- Classified information
- Personnel and medical files
That said, state law determines who has the authority to view public records. Check state laws 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, there is a FOIA exemption, 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?
On the federal level, yes, birth certificates are public records. However, state law determines the information the public may 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 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 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 | Fla. Stat. § 382.025(1) | Confidential (family/close relatives); accessing someone else's certificate generally requires a court order | 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(2) | Birth certificates are public records | 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 | Minn. Stat. § 144.218, subd. 1 | Mother may designate a birth certificate public | 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 | Mont. Code Ann. § 50-15-122(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 | Public record; proof of relationship is not required | 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 | 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 | Not public records | 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 | 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 | Not a public record | 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 § 32.1-249 | Public record after 100 years | Order a birth certificate |
| Washington | RCW 70.58A | Public records | 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 death | Order a birth certificate |
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. Some states, like Alabama and the District of Columbia, open birth records to the public 125 years after the date of birth. Others, such as Delaware (72 years) or New Mexico (100 years), use a shorter waiting period. A handful of states, including New York, Tennessee, and North Dakota, do not classify birth certificates as public records at all, even after decades have passed.
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 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 lets you request records from federal agencies, but birth certificates are issued and held by state, not federal, vital records offices, so FOIA requests do not apply to them. You need to contact the specific state's vital records office instead.
Updates
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.
Sources and References
- page on age search and birth records(www.census.gov).gov
- UN Convention on the Rights of the Child(www.ohchr.org)
- Florida Health(www.floridahealth.gov).gov
- Freedom of Information Act (FOIA)(www.foia.gov).gov
- order a birth certificate online at Ohio's Department of Health website(odh.ohio.gov).gov
- Order a birth certificate(www.alabamapublichealth.gov).gov
- Order a birth certificate(health.alaska.gov).gov
- Order a birth certificate(www.azdhs.gov).gov
- Order a birth certificate(www.healthy.arkansas.gov).gov
- Order a birth certificate(www.cdph.ca.gov).gov
- Order a birth certificate(cdphe.colorado.gov).gov
- Order a birth certificate(portal.ct.gov).gov
- Order a birth certificate(www.dhss.delaware.gov).gov
- Order a birth certificate(dchealth.dc.gov).gov
- Order a birth certificate(dph.georgia.gov).gov
- Order a birth certificate(health.hawaii.gov).gov
- Order a birth certificate(healthandwelfare.idaho.gov).gov
- Order a birth certificate(dph.illinois.gov).gov
- Order a birth certificate(www.in.gov).gov
- Order a birth certificate(hhs.iowa.gov).gov
- Order a birth certificate(www.kdhe.ks.gov).gov
- Order a birth certificate(chfs.ky.gov).gov
- Order a birth certificate(ldh.la.gov).gov
- Order a birth certificate(www.maine.gov).gov
- Order a birth certificate(health.maryland.gov).gov
- Order a birth certificate(www.mass.gov).gov
- Order a birth certificate(www.michigan.gov).gov
- Order a birth certificate(www.health.state.mn.us).gov
- Order a birth certificate(msdh.ms.gov).gov
- Mo. Rev. Stat. Title XII, Ch. 193(revisor.mo.gov).gov
- Order a birth certificate(health.mo.gov).gov
- Order a birth certificate(dphhs.mt.gov).gov
- Order a birth certificate(dhhs.ne.gov).gov
- Order a birth certificate(dpbh.nv.gov).gov
- Order a birth certificate(sos.nh.gov).gov
- Order a birth certificate(www.nj.gov).gov
- Order a birth certificate(www.nmhealth.org).gov
- Order a birth certificate(www.health.ny.gov).gov
- Order a birth certificate(vitalrecords.nc.gov).gov
- Order a birth certificate(www.hhs.nd.gov).gov
- Ohio Rev. Code § 3705.23(codes.ohio.gov).gov
- Order a birth certificate(oklahoma.gov).gov
- Order a birth certificate(www.oregon.gov).gov
- Order a birth certificate(www.pa.gov).gov
- Order a birth certificate(health.ri.gov).gov
- Order a birth certificate(dph.sc.gov).gov
- Order a birth certificate(doh.sd.gov).gov
- Order a birth certificate(www.tn.gov).gov
- Order a birth certificate(www.texas.gov).gov
- Order a birth certificate(vitalrecords.utah.gov).gov
- Order a birth certificate(www.healthvermont.gov).gov
- Order a birth certificate(www.vdh.virginia.gov).gov
- Order a birth certificate(doh.wa.gov).gov
- Order a birth certificate(dhhr.wv.gov).gov
- Order a birth certificate(www.dhs.wisconsin.gov).gov
- Order a birth certificate(health.wyo.gov).gov