Disclosure of Information Contained in Vital Records; Transfer of Records to State Archives

  1. Law
  2. Georgia Code
  3. Health
  4. Vital Records
  5. Disclosure of Information Contained in Vital Records; Transfer of Records to State Archives

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  1. To protect the integrity of vital records, to ensure their proper use, and to ensure the efficient and proper administration of the system of vital records, it shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital records or to copy or issue a copy of all or part of any such record except as authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction. Regulations adopted under this Code section shall provide for adequate standards of security and confidentiality of vital records. The provisions of this subsection shall not apply to court records or indexes of marriage licenses, divorces, and annulments of marriages filed as provided by law.
  2. The department shall authorize by regulation the disclosure of information contained in vital records for research purposes.
  3. Appeals from decisions of custodians of vital records, as designated under authority of Code Section 31-10-6, who refuse to disclose information or to permit inspection or copying of records as prescribed by this Code section and regulations issued under this Code section shall be made to the state registrar whose decisions shall be binding upon such custodians.
  4. Information in vital records indicating that a birth occurred out of wedlock shall not be disclosed except as authorized by this chapter, Code Section 19-7-46.1, and regulation or by order of a court of competent jurisdiction.
  5. When 125 years have elapsed after the date of birth or 100 years have elapsed after the date of death or application for marriage, or divorce, dissolution of marriage, or annulment, the records of these events in the custody of the state registrar shall be transferred to the State Archives and such information shall be made available in accordance with regulations which shall provide for the continued safekeeping of the records.
  6. Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. While in the temporary custody of the probate court before transmission to the state registrar or confirmation of transmission or receipt, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law.

(Ga. L. 1945, p. 236, § 24; Ga. L. 1953, Jan.-Feb. Sess., p. 140, § 12; Code 1933, § 88-1723, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1965, p. 651, § 2; Code 1933, § 88-1725, enacted by Ga. L. 1982, p. 723, § 1; Code 1981, §31-10-13; Code 1981, §31-10-25, enacted by Ga. L. 1982, p. 723, § 2; Ga. L. 1997, p. 1592, § 6; Ga. L. 2016, p. 304, § 16/SB 64; Ga. L. 2020, p. 55, § 5/SB 372.)

The 2020 amendment, effective July 1, 2020, near the beginning of subsection (e), substituted "125 years" for "100 years" and "100 years" for "75 years".

Cross references.

- Opening of public records to inspection by members of public, § 50-18-70 et seq.

Editor's notes.

- Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides that: "This Act shall not be construed to affect a voluntary acknowledgment of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016."

OPINIONS OF THE ATTORNEY GENERAL

Copies of marriage applications open to public.

- Official copies of marriage applications kept on file in the office of the probate court must remain accessible to the public, including credit exchanges. 1983 Op. Att'y Gen. No. U83-17.

Access to department's vital records files should not be denied to newspaper representatives. 1970 Op. Att'y Gen. No. 70-1.

Providing information from death certificates to newspapers.

- Local custodians of vital records may, upon request, provide information to newspapers from death certificates retained in the local custodian's office. 1984 Op. Att'y Gen. No. 84-3.

Department may prescribe fees to cover cost of furnishing information.

- Department of Public Health (now Department of Human Resources) may prescribe fees to cover the cost of supervising inspections or furnishing lists of births and deaths to news reporters. 1970 Op. Att'y Gen. 70-1.

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Records and Recording Laws, § 17 et seq.

C.J.S.

- 76 C.J.S., Records, §§ 44 et seq., 112 et seq., 123 et seq., 126 et seq.


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