Important Information You Also Need to Know about LD 1781

From Helen Shaw, CG, MGS member and one who testified at the hearing:

Anyone planning to do research into vital records in Maine town offices will need to bring proof of their identity -- something with a photo: drivers liscence, passport, military ID, etc. They should expect to be asked to fill out a form stating what records they want to access. Right now, I think there is one form for each record they want to look at, but Kathy should be able to tell you more on that. Also, I am not sure if that applies to records before 1892. Again, Kathy should be able to enlighten us.

If they want to access a vital record within the current 100 year closure period they will have to provide proof of relationship to the person(s) whose record(s) they want to access. If someone wants vital records for their parent(s) they will need to bring their birth certificate naming the parents. This means if the researcher is female and has a different married name, she will need her marriage certificate showing the maiden and married name. I suppose if the marriage certificate names her parents that would be sufficient to access their records.

The issue of the state researcher ID card is up in the air. According to current law family members only have to prove the relationship -- they do not need the state card. Anyone else trying to access records within the 100 year closure period will need the state ID card. Beyond that, I have no idea; the rules committee did not finish its work on LD 1781 before LD 258 was passed and I had an e-mail recently from the committee coordinator saying it could be a good while before the committee meets again.

From Kathy Montejo, City Clerk, MGS member and one who attended the LD 1781 meetings:

Yes - forms are available at every town office and forms need to be filled out for any and all records ordered - birth, marriage, death - regardless of the age of the document. There is a standardized form designed by the state clerks association and approved by the state Vitals Office, so I believe every town office is using the same order form. Even if towns have formatted their forms differently, the forms all require the same info (name, date, person acquiring, etc.)

Helen is also correct about the need for family acquiring records other than their own to show documentation on the linkage to that record - their birth certificate for their parent's birth certificate, etc. We just need to see a paper trail for proof of eligibility to obtain the record. The marriage licenses do contain a bride's maiden name and the names of both of her parents, so that is covered.

Provisions of LD 258 explained

LD 258 is the bill to amend Public Law 601 which last year closed Maine’s vital records for 100 years. It was sponsored by Representative Deborah Sanderson (R, Chelsea). A public hearing on the bill was held on Wednesday, March 2, with the committee work session being held the next day, Thursday, March 3. Testifying at the public hearing in favor of the bill were Helen Shaw, CG, Pam Eagleson, CG, Melinde Sanborn, CG, Anne Thomas (Honorary State Regent, DAR), Peggy O’Kane (reference librarian for the Maine State Library), and several others. Testifying against the bill were Elana Jellison (rule making coordinator for the Maine DHHS, and Dr. Stephen Sears (Maine DHHS). Testifying neither for or against was Kathy Montejo, town clerk for Lewiston and board member of the Maine Genealogical Society.

So, what does LD 258 do to vital records access?

OPEN RECORDS

1. It is now in statute that all vital records before 1892 are open to anyone without restriction. Anyone can buy an informational copy or an official copy on town letterhead. NOTE: Towns may impose their own rules covering access to vital records to include specific days or hours of availability, forms that must be filled out, and personal identification to be provided. However, having state statute saying these early vital records are public records should help immensely.

Note that the exact wording of the law for the following records states that they are open after XX years from the date of the event. The years listed below are a simplification. These records may be accessed at the Vital Records Unit in Augusta or at the applicable municipal office.

2. All birth certificates between 1892 and 1936 are open to anyone without restriction. That upper year will shift as time goes on; the closure period is 75 years. Anyone can buy a non-certified copy. Only people listed in Paragraph 5 can buy a certified copy.

3. All marriage certificates, registrations of domestic partnerships, and certificates for fetal deaths between 1892 and 1961 are open to anyone without restriction. That upper year will shift as time goes on; the closure period is 50 years. Anyone can buy a non-certified copy. Only people listed in Paragraph 5 can buy a certified copy.

4. All deaths certificates between 1892 and 1986 are open to anyone without restriction. That upper year will shift as time goes on; the closure period is 25 years. Anyone can buy a non-certified copy. Only people listed in Paragraph 5 can buy a certified copy.

CLOSED RECORDS

5. Access to birth certificates less than 75 years old. You need to be a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card to look at these records. Only people listed in Paragraph 5 can buy a certified (or non-certified) copy. People with a CDC/ODRVS researcher card can buy a non-certified copy.

6. Access to marriage certificates, registrations of domestic partnerships, or fetal death certificates less than 50 years old. You need to be a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card to look at these records. Only those listed in Paragraph 5 can buy a certified (or non-certified) copy. People with a CDC/ODRVS researcher card can only buy a non-certified copy.

7. Access to death certificates less than 25 years old. You need to be in a family member listed in Paragraph 5 or have a CDC/ODRVS researcher card to look at these records. Only those listed in Paragraph 5 can buy a certified (or non-certified) copy. People with a CDC/ODVRS researcher card can only buy a non-certified copy.

All family members (as listed in Paragraph 5 of the law) must provide documentation of their identity and their relationship to the persons whose vital records are being accessed.

Rules for genealogists (paid or not) who are acting as an agent for a family member listed in Paragraph 5 are still being written and may change. We know so far these genealogists must have a CDC/ODRVS researcher card and that they may buy certified copies of vital records for the client. Also, the client must provide a notarized letter of authorization for the genealogist and documentation of their identity and relationship to the persons whose vital records are being accessed.

Laurendeau, Lorandeau, Laurandeau, etc.

My name is Jean Laurendeau from Montréal. I own a website which devotes itself has to name and tell the history of our Laurendeau (Lorandeau, Laurandeau, etc.) families.

Laurendeau searching for their ancestors, send me the names of their parents, grandparents and great-grandparents. Through the names of their recent ancestors, they have a 99.9% chance of being connected with the first Laurendeau ancestors in Canada.

I hope to read a request from some of your members soon.

Jean Laurendeau, Montréal au Québec
chercheur sur la généalogie et l'histoire des Canadiens-français d'Amérique

auteur du site internet (Website): www.jean-laurendeau.com
Merci d'utiliser notre nouvelle adresse courriel (Email): GenealogieJeanLaurendeau@gmail.com