Can a Notary Notarize a Copy of a Birth Certificate?
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The short answer in most states is no. Birth certificates are vital records, and vital records can only be certified by the government agency that issued them (typically the county recorder or state vital records office). A notary cannot certify a copy of a birth certificate in the vast majority of states. There are a few narrow exceptions, but they are rare.
Why Notaries Cannot Certify Birth Certificate Copies
Copy certification is a notarial act where the notary confirms that a photocopy is a true and accurate reproduction of an original document. The notary makes this determination by comparing the copy to the original.
The problem with birth certificates is twofold. First, most states explicitly exclude vital records (birth, death, and marriage certificates) from the types of documents a notary can copy-certify. Second, only the issuing agency can produce a certified copy of a vital record. A notary’s certification carries no legal weight for vital records the way the county recorder’s certification does.
This restriction exists because birth certificates are identity documents. If notaries could freely certify birth certificate copies, it would create an avenue for identity fraud. The state controls who can issue certified copies specifically to maintain a chain of custody over these records.
What to Tell the Person Asking
When someone brings you a birth certificate and asks you to “notarize a copy,” they usually need a certified copy for one of these purposes: passport application, school enrollment, employment verification (I-9), or a government benefits application. None of these agencies will accept a notary-certified copy of a birth certificate. They want a certified copy from the issuing agency.
Direct them to the vital records office in the state or county where the birth occurred. Most states now offer online ordering through services like VitalChek, and processing times range from a few days to a few weeks. The fee is typically $10 to $30.
States That Allow Copy Certification of Vital Records
A small number of states permit notaries to certify copies of vital records. Texas allows notaries to certify copies of any document, including birth certificates, though the certified copy may not be accepted by agencies that specifically require an issuing-agency certification. Colorado permits copy certification of any document the notary can inspect, without excluding vital records.
Even in these states, the practical value is limited. A passport agency will not accept a notary-certified birth certificate copy. They want one from the county or state. The notary certification might be useful for informal purposes, but for anything official, the person still needs to order from vital records.
What About “Copy Certification by Document Custodian”?
Some states offer a workaround called copy certification by document custodian. Instead of the notary comparing the copy to the original, the person who holds the original (the custodian) swears or affirms that the copy is accurate. The notary then notarizes the custodian’s sworn statement using a jurat.
This works for many types of documents, but it still does not solve the birth certificate problem. Most agencies that require a certified copy of a birth certificate specifically want one from the issuing authority. A notarized statement from the document holder that “this is a true copy” does not meet that requirement.
Documents Notaries CAN Copy-Certify
While birth certificates are off the table in most states, notaries can certify copies of many other documents:
- Contracts and agreements
- Diplomas and educational records
- Business documents (articles of incorporation, bylaws)
- Letters and correspondence
- Photographs (in some states)
Check your state’s notary handbook for the specific list of documents you can and cannot copy-certify. States that exclude vital records from copy certification typically list those exclusions clearly.
Frequently Asked Questions
Can a notary notarize a birth certificate copy in California?
No. California Government Code Section 8204 prohibits notaries from certifying copies of birth, death, and marriage certificates. The person must obtain a certified copy from the county recorder or California Department of Public Health.
Can a notary notarize a birth certificate copy in Texas?
Yes, Texas allows notaries to certify copies of any document, including birth certificates. However, agencies that require a certified copy from the issuing authority (passport office, Social Security Administration) will not accept a notary-certified copy. For practical purposes, the person should still get one from the vital records office.
Can I notarize a copy of a death certificate?
Same rule as birth certificates. Death certificates are vital records, and most states prohibit notaries from certifying copies. Direct the person to the vital records office in the state where the death occurred.
What about marriage certificates?
Marriage certificates are also vital records in most states. The same restriction applies. Certified copies come from the county clerk or vital records office that recorded the marriage.
Can I certify a copy of a passport or driver’s license?
Depends on your state. Some states explicitly prohibit notaries from certifying copies of government-issued IDs. Others allow it. Check your state’s notary handbook before proceeding, and note that many requesting agencies will not accept a notary-certified copy of an ID anyway.
NotaryTrainingSchool.com covers notarial powers and limitations in all 50 states, including copy certification rules and vital records restrictions.
