The New York State government has included a controversial proposal in the 2026 state budget that could make it more difficult for the public to access important public records. The proposal would extend the retention periods for birth, marriage, and death records to 125, 100, and 75 years, respectively. In addition, the cost of a request for genealogical information will increase by over $400, to as much as $1,095 per document.
The proposal has triggered strong reactions, especially among genealogists and historians, who fear that the change will make it almost impossible to trace family history and lineage. The organization Reclaim The Records, which works to ensure public access to historical records, calls the proposal «an ambush on the public» and warns that New York could become one of the most restrictive states in the US when it comes to access to such documents.
The authorities justify the proposal by saying that it will help to «streamline processes» and «digitize archives». However, critics believe it is more about avoiding dealing with the existing backlog of requests for genealogical documents, which has grown to several years of waiting time.
Genealogical organizations, including the Association of Professional Genealogists and the New York Genealogical and Biographical Society, have already sent official protests to the authorities. They believe that the proposal is a serious setback for public access and historical research.
To strengthen resistance, people are encouraged to contact their state representatives, spread information on social media, and collaborate with relevant organizations. It remains to be seen whether public pressure will be enough to stop the proposed law change.
The time limits for accessing birth, marriage, and death records vary from state to state in the US, but in general they are usually around the following limits:
- Birth records: Blocking periods often vary between 75 to 100 years. Many states release birth records after around 100 years, while some have shorter limits.
- Marriage records: These are often more accessible than birth records. Many states have record retention periods of 50 years or less, but in some places there may be stricter restrictions.
- Death records: These typically have shorter retention periods, often 50 years or less. Some states make death records available after only 25 years, especially for genealogical research.
New York's proposed limits of 125 years for births, 100 years for marriages, and 75 years for deaths will thus be among the strictest in the US and will in practice make it very difficult for genealogists and historians to access important documents.
