ACT NOW! Gov. Healey’s Supplemental Budget Contains Both Good and Very Bad News for Genealogists

Written by Susan M. O'Connor.

There is an important legislative development that could significantly affect access to Massachusetts vital records and the future of genealogical research in the Commonwealth. 

What Has Happened

On April 14, 2026, Governor Maura Healey submitted a supplemental funding proposal now designated as H.5377 to the Massachusetts House Committee on Ways and Means. Sections 43, 44, and 45 of the bill concern changes to Massachusetts vital records law. 

The Massachusetts Genealogical Council (MGC) supports the portions of the bill that would remove the outdated and offensive term “out-of-wedlock” from Massachusetts statutes and records language. We appreciate the effort to modernize this terminology in a respectful and inclusive manner. This would be accomplished by accepting Sections 44 and 45, and by modifying the text in Section 43 as follows: 

SECTION 43. Section 2A of said chapter 46, as so appearing, is hereby amended by striking out the phrase “children born out of wedlock or”; and the phrase “or those of persons born out of wedlock". 

Why This Matters 

As Section 43 is submitted by the Governor, MGC is deeply concerned about additional provisions contained that would grant broad new authority to the Department of Public Health (DPH) regarding access to vital records. 

Specifically, Section 43 appears to: 

• Allow DPH to expand access limitations to vital records:  

o    90 years for birth and marriage records  

o    50 years for death records  

• Grant DPH authority to determine what information may be released when records are requested and who is allowed to request these records. 

These provisions could substantially restrict public access to historical records that genealogists, historians, probate researchers, title examiners, genealogists aiding the U.S. Army in identifying the bodies of MIA, medical researchers, genetic genealogists doing John Doe identifications, genetic genealogists aiding law enforcement, and family historians rely upon every day. 

Equally troubling is the absence of meaningful legislative oversight or clear standards governing how DPH could exercise these powers. MGC believes that any significant changes to public access laws should be established through the legislative process — not through unilateral administrative action. 

MGC is also concerned because the DPH has repeatedly failed to follow recommendations made by the Massachusetts Supervisor of Public Records regarding transparency and records access. Granting additional discretionary authority without safeguards raises serious concerns about future restrictions on public records availability. 

Massachusetts has long been recognized as a leader in preserving and providing access to historical and genealogical records. Limiting access to vital records would: 

• Harm genealogical and historical research  

• Impede efforts to document family histories  

• Create barriers for legal and medical research  

• Reduce government transparency  

• Potentially set a precedent for further restrictions in the future  

What You Can Do 

We urge you to immediately contact: 

• Your Massachusetts State Representative  

• Your Massachusetts State Senator  

• The Chairs of the House and Senate Committees on Ways and Means 

Please respectfully ask these legislators to: 

1. Support removal of the “out-of-wedlock” language from Massachusetts law, especially by altering Section 43 of H.5377  

2. Oppose granting unchecked authority to DPH over access to vital records  

3. Require legislative oversight and clear statutory standards before any access restrictions or record-content changes can be implemented  

When contacting legislators, be sure to mention H.5377 and Sections 43, 44, and 45.  Personal messages are often the most effective but feel free to use the wording which MGC supports. Briefly explain why removal of “out-or-wedlock” wording and access to historical records matters to you, your family, your society, or your research community.  

You may also wish to emphasize that: 

• Public records access is a matter of transparency and accountability  

• Historical records are essential to preserving Massachusetts history

• Any changes to access policies should occur through open legislative debate  

To find your legislators: 

• Massachusetts Legislature website: Find My Legislator 

  
  

  (https://malegislature.gov/Search/FindMyLegislator) 

The leaders of the Committees on Ways and Means are: 

1. House Chair: Aaron Michlewitz

   Aaron.M.Michlewitz@mahouse.gov

   phone: 617-722-2990

   fax: 617-570-6575 
   

2. Senate Chair: Michael J. Rodrigues

Michael.Rodrigues@masenate.gov

phone: 617-722-1114

fax: 617-722-1498 

• Senate Vice Chair: Joanne M. Comerford

Jo.Comerford@masenate.gov

phone: 617-722-1532 

Thank you for your continued advocacy on behalf of records preservation, public access, and genealogical research in Massachusetts. Your support is very important in keeping records open.