Vital Records

Birth Records• Early birth records are distressingly sparse, with a heavy

concentration found in New England only. • Early birth records can be obtained from town or county clerks in the

area in which an ancestor was born. These records, too early to fall under the jurisdiction of recent privacy laws, are public records.

• In the colonial period, church records that can serve as birth records were kept in Pennsylvania, New York, New Jersey, and Virginia.

• By the mid-nineteenth century, birth records in the United States began to include more detailed information. For example, beginning in 1853, some Virginia and West Virginia county birth registers included the mother’s maiden name instead of her married name

• Most modern birth records are protected by the privacy laws passed by the federal government during recent years.

Death Records• Early death records in the United States provide little more than the name of

the deceased, the date of death, and the place of death. Burial records contain basically the same information. Occasionally the record will list the name of the deceased’s spouse. These early records appear in town, county, and church records.

• Death records of the nineteenth century are more detailed in many jurisdictions. They often include the name of the deceased, date, place, and cause of death, age at the time of death, place of birth, parents’ names, occupation, name of spouse, name of the person giving the information, and the informant’s relationship to the deceased.

• Modern death records (post-1910), though comparatively recent, are steadily increasing in value. People are living longer, and death records often provide information about birth as well as death.

• Death records are only as accurate as the knowledge of the person who provided the information. Many informants are unaware of the name of parents or are unsure about dates and places of birth.

Finding Aids for Birth and Death Records

• There are numerous aids for locating vital records. Most towns and counties have indexes to birth and death records. Even if the indexes are not complete, they can often facilitate research. Many local historical and genealogical societies have published birth and death records in their periodicals, newsletters, and journals; they should be examined whenever available.

• Always check for duplicate copies at county, city, town, and state levels. Many counties kept vital records before the states did. After state registration began, counties and cities continued to maintain registers of vital events. If one set of records is lost or incomplete, you can check the other.

Social Security• The Social Security Administration has a microfilmed copy of every

individual’s Social Security application (Form SS-5), as well as claim files. These documents contain information not given in the index, including: Full name at birth, mailing address, age at last birthday, date of birth, place of birth, father’s full name, mother’s full name, sex, race, employer’s name and address, and date signed.

• If you find an entry using the Ancestry.com SSDI search, click on “Get Copy of Original Application” to generate a letter to the Social Security Administration.

Marriage Records• The registering of marriages in the United States is a religious, legal social function that

has been influenced by religious belief, custom, and English law since the earliest colonial settlements. The effective researcher needs a complete understanding of the jurisdictions responsible for maintaining these records, the types of records kept by each jurisdiction, the periods in which various types of records were maintained, the circumstances peculiar to each colony and state that created the necessity for registering marriages, and the factors that produced changes in these registrations.

• Complicating matters is the fact that the United States, unlike England and some European countries, does not have a national registration program. Instead, marriage registration is the responsibility of the individual states. Furthermore, marriage registration was never uniformly implemented among the states. Prior to state registration requirements, towns in New England and counties in the remainder of the nation were the primary jurisdictions charged with maintaining marriage records. Thus, records can ordinarily be found dating from when a town or county was created.

Types of Marriage Records

• The minimum legal age for marriage varies from one place to another. While some jurisdictions have required consent regardless of age, most demanded consent affidavits from a parent or legal guardian only for those under the minimum age—usually twenty-one for males, eighteen for females. Sometimes a parent or guardian appeared with the underage person and gave verbal permission. The record will show that the parent was present and was known to the clerk but may not record the name. A detailed, printed consent form was part of the marriage license in a few localities.

• The father of the underage person usually gave consent, especially in the South. When a mother has given consent, the father was likely deceased. When both parents were deceased, the legal guardian granted permission to marry. If the guardian is related to the person getting married, their relationship may be stated.

• Consent documents are found in town and county jurisdictions throughout the United States, but they are more numerous in the South and former frontier regions, where early marriages were encouraged.

BannsThe publishing of banns was a church custom during the colonial and later periods. Banns were usually read in church on three consecutive Sundays (sometimes during public meetings); in some areas they were posted in public places as well. Their purpose was to give local residents the opportunity to state their objections to a marriage.

Bonds• Marriage bonds are written guarantees or promises

of payment made by the groom or another person (often a relative of the bride) to ensure that a forthcoming marriage would be legal. The person who posted the bond was known as the bondsman. The bond was presented to the minister or official who would perform the ceremony. The bond was then returned to the town or county clerk. These documents were frequently used in the southern and middle-Atlantic states up to the mid-1800's

Licenses• Applications and licenses are the most common types of records

showing intent to marry. These gradually replaced the use of banns, intentions, and bonds. A bride and groom obtained a license to be married by applying to the proper civil authorities, usually a town or county clerk. These records have the most information of genealogical value, including the couple's names, ages, and residence. Later records also provide their race, birth dates, occupations, and usually the names of the parents. The license was presented to the person who performed the marriage and was later returned to the town or county clerk. Applications for a license are primarily a twentieth-century record. These often contain more detailed information than the license.

Certificates• The individual who performed the ceremony or the civil office where it was recorded may have given the couple a certificate of marriage. This may be in the possession of the family. The clerk of the court may have a copy.

Returns and RegistersAfter the ceremony took place, the person performing the ceremony was required by law to register ("return") the marriage with the Court Clerk's Office. Such returns were generally filed together in a book called the Marriage Register or Minister's Return Book. These books generally only contain limited information--the name of the bride & groom, the date of the marriage, and the name of the minister/justice of the peace.

Since many marriages took place in rural communities miles from the courthouse, most of those who performed marriages registered them en masse once or twice a year.

ContractsMarriage contracts are relatively uncommon. They were usually drawn up when one or both parties was wealthy or might inherit a estate, and wished to protect the inheritance rights of heirs.Marriage contracts have also been used in second marriages. Property left to a widow by her first husband could be protected with a marriage contract. Such documents guarantee the distribution of property to the children of the first husband. Without such a contract, the property inherited at the death of the first husband became the property of the second husband at the time of marriage. He could dispose of that property as he desired, without provision for his stepchildren. Marriage contracts are recorded among marriage records or are filed with court records or deeds.