11.5 Vital/Civil Records in the 1900s

Privacy laws come into play in twentieth century research as researchers look at more modern times and laws protect people who may still be living. As with census records, laws dictate when certain records become public. In The United States, census records are private until 72 years after the census,1 but there are many people listed on the 1950 census who are alive today. Living people may also be listed on vital records. Depending on the jurisdiction, there are protections for time that needs to pass before these records become available. In many cases, by proving direct-line kinship, a researcher may be able to purchase birth, marriage, and death (BMD) certificates. Adoption and divorce information is more difficult to acquire. Many adoptees cannot access their own records, even if a lot of time has passed. Because of these laws, researchers need to be knowledgeable and careful in their research.

Genealogists need to know exactly what records they are examining and how to interpret and communicate the information properly. For example, consider a jurisdiction where marriage records are private until 75 years after the marriage or divorce. The marriage license, however, is considered public record and is easily accessed online. A hurried researcher might search online and see the date a marriage license was acquired then assume it is the marriage date. If this researcher enters the license date as the marriage date on a compiled tree, the information gets shared and copied until the erroneous date looks like it is correct because it is found in so many places. A seasoned researcher takes time to look at the original record or index to determine what event is being recorded; the license acquisition date or the marriage date. That researcher would also know, that even though something is recorded on FamilySearch Family Tree and listed on Ancestry member trees, it could be a situation where many people are copying the date from the same source. A careful analysis shows the record is for the marriage license, not the marriage ceremony. This is still important information that should be added to compiled trees but not as the marriage date. It should be noted as the license date and cited with a standardized citation. People looking at the information will know the marriage must have been shortly after the license was issued and can look to personal records, ordering the marriage certificate by proving relationship or waiting until the privacy law expires to get the certificate and discover the actual date of the marriage.

Determining the laws and rules about what is private and what is public record in the 1900s and into the 2000s is important, but each jurisdiction may be different. Use the FamilySearch Wiki and local legal sources to determine the rules in the area of interest. Knowing the rules will help a researcher navigate whether it is possible to obtain a private record and weigh any costs or timelines involved. Seeking a public record that may contain the same or similar information, like in the example of the marriage license, is a smart strategy, but knowing what a person can or cannot do will help the researcher be creative in figuring out the best way to obtain the needed information. One way of doing this is working with direct-line ancestors of the person of interest. They may be able to gain access to records that a genealogist cannot.