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From: (Hans-Peter Voss)
Subject: [S-H-RTS] Legal parameters for genealogical research in Schleswig-Holstein
Date: Mon, 16 Feb 2004 12:27:37 +0100
References: <83.55e4d2a.2d618b6a@aol.com>


Hello Susi,
I have used the wrong words!
What I wanted to say is:
It is not allowed to research relatives by using the church books and/or
the civil registry records in the time frame 1876 until today. I list
the law in parts:
===
A - Civil registry office
The right to have issued the documents and/or provision of information
from the register is limited to those relatives of direct ascending or
descending lineage. Siblings, children of siblings, siblings of parents
or grandparents and other distant relatives of the specific person, do
not belong to the group of people given access to these documents,
unless they can prove to authorities to have a legal interest.
If an applicant needs these documents and/or information not for a legal
claim, but for private research purposes, then legal interest cannot be
implied from article 5 of the Basic Law; the right to free research is
limited when it involves third parties.
Only with appropriate consent by the individual, the spouse and/or the
ancestors or descendants can an applicant, who does not belong to this
group of relatives, be issued a document or other information pertaining
to this person.
B - Church records
With the empirical law on registration of births, marriages and deaths
the meaning of the church book as official register expired as of
1.Januar 1876. The entries in the church books since then, only record
the official religious acts; therefore issue of official documents is
exclusively done by the Civil Registrar's Office.
Access to thus permitted only if the inquiry refers to religious
actions. Additionally, several different criteria must be fulfilled for
the use of church books prior to 1876:
- The entry refers to the individual, their spouse or ancestor. (para. 9
(1) ArchivG) - or
- The person can make a legal and valid claim regarding an entry - or
- The use serves a concrete scientific or community service project
Because genealogical research serves exclusively personal interests and
not documentation of religious acts, the use of church books after 1876
for this reason is not permitted. (Exception: Proof that official Civil
Registry documents were lost or destroyed)
===
A more detailed text to this is online here:
http://www.genealogy-sh.de/E/law.htm
===
Regards,
Hans Peter Voss



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