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According to the § 61 of the law on registration of births marriages and deaths the documentation from the register can only be requested by and issued to persons, to whom the entry in the book refers, by their spouses, ancestors and descendants and by authorities when they indicate the legal purpose. Other persons are only entitled to the documentation when they prove their legal interest.
Legal access is given only if the information of the data of another is necessary for the pursuit of ones rights or for defending rightful entitlements.
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.
A search fee is required for looking for an entry [one entry] or documentation, if the date or the exact location is not given.
Depending upon the extend of the search. Fee = 30, - to 100, - DM
Source: Information Pamphlet of the German Civil Registry Office
Additional cost: the payment per authentication
For the time prior to the adoption of the empirical law (1876) on registration of births marriages and deaths, entries made into church books concerning (birth registration, etc..) are equally as valid as the civil registration, therefore the church bodies are obligated to provide information of all entries in church books from this time in the same way information is given by the national civil registry offices. Since the civil registry offices thereby rely on § 61 of the PStG (Law) information of church data can only be provided for yourself, or with the consent from a direct ancestor or descendant, unless it pertains to a legal claim.
With legal interest and/or direct descent thus the churches are obligated to also provide information from the church books prior to 1876. It is of crucial importance to know that church books contain only personal data. These records are protected by the (Persoenlichkeitsschutz) privacy protection act. The state applies this protection by the law to all registrations of births marriages and deaths.
Because the church can only function in the framework of all valid laws (art. 137 ff of Weimar Republic Laws) they are subject to the state laws. §11 ArchiveG of the North Elbe Church requires when granting access to data that the applicant give legal proof that he/she has entitled interest, which must be weighed against any other interests of protection to a third party. The Persoenlichkeitsschutz (privacy protection act) and how it is interpreted in § 61 PStG, limits the entitled interest greatly. The interpretation of the § 11 ArchivG is therefore fairly restrictive.
Definitions for Use :
In any case the public benefit must be greater than a possible injury of a personal right when using the church books.
With the empirical law on registration of births marriages and deaths the meaning of the church book as official register expired as of Januar 1. 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.
A use is thus permitted only if the inquiry refers to religious action. Additionally several different criteria must be fulfilled for the use of church books prior to 1876:
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)
Source: Information pamphlet of the North Elbe Church Archives, 4th Edition October 1999, page 11, 12 and 13.
Provided 2000-03-10 through: Hans Peter Voss, professional researcher in S-H (--> to his website)
Translation German/English: Ingrid Fetköter 11. March 2000