Posted by Pam in SD on 2/2/05 3:21pm
Msg #19179

Notarizing a copy of a birth certificate

A friend is flying to Jamaica to get married and asked me to notarize a copy of his birth certificate and divorce papers. I am hesitant to sign a copy of anything. Has anyone else ever had this request? Is there any liability on my part?

Reply by BrendaTX on 2/2/05 3:44pm
Msg #19180

In Texas: Notarizing a copy of a birth certificate

That would be against our rules in Texas. Our rules are similar to yours.

Here's what your rules say in relevant part:

http://www.sdsos.gov/aa/index.htm


If the document is a vital records document (birth certificate, marriage license, etc), then you must contact the county Register of Deeds office from the county where the document originated or the State Department of Health (605-773-4961) and request a certified copy of that document; then submit the certified copy to the Office of the Secretary of State with the filing fee of $5.00 per document.

PS: I used Google.com to find this by searching on "South Dakota Notary Rules"

Here's what turned up: http://www.sdsos.gov/Notaries/

(It took me eight minutes to dig this out of the internet.)

Reply by Lee/AR on 2/2/05 5:28pm
Msg #19195

What's to notarize? Most states won't allow you to do Birth Certificates... and original Divorce Papers have a court-stamped 'file #' on them. If he wants to get married, I suppose he'd need the Original Divorce Papers to show them. What's to notarize?

Reply by BarbaraL_CA on 2/2/05 5:50pm
Msg #19196

I'm not sure if "Pam in SD" is S. Dakota or San Diego, or San Dimas... but whatever... if it is California you can not notarize a birth certificate. The individual must request a certified copy from the records dept of the state he was born in. You CAN notarize an APPLICATION to request a certified copy.

Reply by BrendaTX on 2/2/05 6:02pm
Msg #19198

LOL at myself. Good point, Barbara!

Reply by BrendaTX on 2/2/05 10:42pm
Msg #19240

Just because I am weirdo who can hardly resist a mystery that can be solved with an IP check, I checked Pam's IP # and I am guessing SD is S. Dakota.

Pam - It's an overwhelming compulsion I have. Please just ignore my problem. Welcome to the board, anyhow!

One thing I found out about SD Notary Rules in my little search through them is that they are just about as explicit as those in Texas...They are not real easy to get straight answers from very quickly. I have studied my few pages lots and refer to them even now. The more you learn, the less you argue with yourself about whether or not you can do something.

Something you might try - I personally made up a list of what I cannot do and what I must do in my own words. It's easier for me to refer to that way. Further, I researched the entire Tx Attorney General's website on the opinions made with regard to notaries. Plus, I have looked through all the state's laws/codes online to read every reference to notary or notaries.

Or...just ignore this post. That's ok too.

Reply by ColleenCA on 2/3/05 7:46am
Msg #19288

Your right Barbara! In California one cannot notarize any vital records.

Reply by Holly/NC on 2/2/05 8:53pm
Msg #19219

This is another example of someone thinking that having a document notarized makes the document appear to be more "valid". Notaries do not attest the validity of a document, only that the person who signs is indeed who they say they are.

Reply by Terri - CA on 2/3/05 10:42am
Msg #19315

Pam - what you might be able to do, providing it's legal according to your states notarial laws, is for the holder/custodian of the document to write a affidavit that it's a copy of what is in their possession, then you could notarize the document with a Jurat / oath to the signer of the statement. That way the signer of the affidavit is swearing to the truthfulness of the contents of the affidavit and not the notary

However, that being said, we, in California, are not legally able to "certifiy or notarize" vital records of any kind, including school transcripts, birth, death and marriage certificates.