It may come as a surprise that US state and local law varies considerably regarding availability of marriage certificates to the general public. One can differentiate the following types of marriage records:
- Public records: In some states, marriage records are public records. This means that anyone can request and obtain a copy of them, for any reason. There are no restrictions on who can access public marriage records.
- Confidential records: In other states, marriage records are confidential. This means that only the parties involved, their relatives, or their legal representatives can access them. There are a few reasons why a marriage record might be confidential, such as if the couple is under the age of 18, if the marriage is annulled, or if the couple is seeking a divorce.
- Restricted records: In some states, marriage records are restricted. This means that they are only accessible to certain people, such as government officials, researchers, or journalists. There are a few reasons why a marriage record might be restricted, such as if it contains sensitive information about the parties involved.
It is important to note that the laws regarding access to marriage records can vary from state to state. If you are unsure about the laws in your state, you can contact us to go over the law in your state.
As an example, here is an overview of the law in some states:
- In California, informational marriage records are unrestricted, but certified authorized copies can only be obtained by the individual whose name appears on the certificate, their parents, their guardians, their descendants, an attorney, attorney-in-fact, or a member of a law enforcement agency. Confidential records can only be requested by the individual whose name is on the certificate.
- In New York, marriage records are confidential for the first 50 years after the date of marriage. This means that only the parties involved, their relatives, or their legal representatives can access them during this time period. After 50 years, marriage records become public records.
- In Florida, marriage records are available to anybody without the need for a power of attorney or notarized authorization letter.
The laws regarding access to marriage records can have a significant impact on people’s lives. For example, if a person is trying to prove that they are married for immigration purposes, they may need to obtain a copy of their marriage record. If the marriage record is confidential or restricted, this may make it difficult or impossible for the person to obtain the documentation they need.
It is important to be aware of the laws regarding access to marriage records in your state. If you intend to use your marriage certificate in a foreign country, you will need to make sure that the type of record would be eligible to get legalized. Call us today at (212) 233-7061 or e-mail us at info@apostille.us to discuss how we could go about retrieving and obtaining an apostille for (or legalizing) your marriage certificate. You can also submit your application on our website (https://apostille.us/Documents/Document_Marriage_Certificate.shtml. Our experienced team of experts will go over your particular situation and figure out a way to retrieve your records as quickly and as effortlessly as possible.
Provided below is a map for your reference state law differences on the availability of marriage records to the general public. States in GREEN have public marriage records. States in LIGHT GREEN have varying local law regarding the availability of marriage records (fully public in some counties and available to unrelated individuals with a notarized power of attorney or authorization letter). States in YELLOW release marriage records to unrelated individuals with a notarized power of attorney or authorization letter. Finally, the sole state in RED (Wyoming) only releases marriage records to the individual whose name appears in the certificate or a licensed attorney.
