Posted by RFGincalif on 6/2/05 12:28am
Msg #41718

Birth Certificate Certification

Are the any specific forms required or methods required or information required when notorizing an original or copy of a Birth Cretificate.

Reply by SamIam_CA on 6/2/05 1:13am
Msg #41723

***information required when notarizing an original or copy of a Birth Certificate***

If what you are asking is can you 'certify a birth certificate as being an original copy' - yes - the state has very specific guidelines - you can not do it!

California statute specifies that a notary public may only certify copies of powers of
attorney under Probate Code section 4307, and copies of his or her notary public journal.
(Government Code sections 8205(a)(4) and 8205(b)(1))

Certified copies of birth, fetal death, death, and marriage records may be made only by the
State Registrar, by duly appointed and acting local registrars during their term of office, and
by county recorders. (Health & Safety Code section 103545)

Reply by RFGincalif on 6/2/05 2:16am
Msg #41728

Thank you SamIAm CA. I didn't think it was allowed, But wanted to get feedback on the issue as a friend had asked the question.

Reply by SamIam_CA on 6/2/05 9:51am
Msg #41767

You're welcome. I just happened to have that handy - because a customer caught me on Tuesday with the same question. He kept insisting that the airline needed his BC notarized because he didn't have the original. I kept insisting that the airline is not familiar with CA law.

Reply by MaggieMae_CA on 6/2/05 1:16pm
Msg #41838

Loophole to the law

I believe (and I will double check on this) the notaryclasses.com instructor said a notary can certify the signature of the person requesting the certified copy. If I understand correctly, the person could write a note which would be attached to the birth certificate and a CA Jurat. The letter would state that this was a true copy of the birth certificate and the notary would notarize the signature of that person who has stated the birth certificate was a true copy.

Make sense?

Do any other CA notaries have further information or understanding on this?

Reply by Sylvia_FL on 6/2/05 3:06pm
Msg #41868

Re: Loophole to the law

MaggieMae:

From the California Office of Vital Records website. The notary is notarizing the signature of the person who is stating that they are authorized by law to receive a certified copy of the birth certificate.


Sworn Statement:
If you're requesting a Certified Copy, you MUST complete the Sworn Statement included with the application and sign the statement (declaring under penalty of perjury that you're authorized by law to receive the Certified Copy). Your Sworn Statement must be notarized. If you request a Certified Copy but do not include a notarized Sworn Statement, the request will be rejected as incomplete and returned to you without being processed.


Here is the form:

http://www.dhs.ca.gov/publications/forms/pdf/vs111.pdf

(Strange, it is a sworn statement, but they put an acknowledgment on it!)

Reply by *** Amada Preciado*** on 7/15/05 12:37am
Msg #52403

Re: Loophole to the law

Yes, this is true per the instructor that taught my class. There is a form for this, indeed a loophole

Reply by Sylvia_FL on 6/2/05 9:36am
Msg #41764

To expand on Sam's answer.
The only original birth certificate is with the office of Vital records (or whatever it is called in the various states), and they are the only ones who can give a certified copy.

We only have copies of our birth certificate, so we couldn't copy it and have it notarized as a true copy of the original - it would only be a copy of a copy.

Direct your friend to the appropriate office to get a certified copy.

Reply by Ernest_CT on 6/2/05 10:46am
Msg #41789

Can't do it in CT either. Can a notary in ANY state? n/m

Reply by MaggieMae_CA on 6/2/05 1:22pm
Msg #41839

Sylvia... with adoptions...

I've got 3 adopted kids... The oldest is from Mexico... I've stated before here that foreign countries think notaries are the bomb!... When I needed certified copies of our birth certificates, Mexico didn't want the ones issued by the State of New Jersey, they wanted a notary seal on them (embossed). Bank letters stating how much we had in our checking and savings accounts had to be notarized. Infertility letter from my doctor had to be notarized. It was a pain!

Weird thing was our marriage certificate didn't have to be notarized... Just thought of that... Wonder why?... Hmmm

Reply by Sylvia_FL on 6/2/05 3:10pm
Msg #41870

Re: Sylvia... with adoptions...

How did you handle it, since most states it is illegal to notarize copies of vital records.

Reply by PAW_Fl on 6/2/05 3:26pm
Msg #41875

Re: Sylvia... with adoptions...

Don't most birth certificates (from the registrar or bureau of vital statistics) come with a raised seal on them?

Reply by SamIam_CA on 6/2/05 3:45pm
Msg #41882

Re: Sylvia... with adoptions...

Mine has a notice on it, "this original seal is in purple ink, no other seal is original". Then it has the California state seal stamped on in plain old purple ink. Maybe back in the day no one could use/make purple except the government...

Reply by MaggieMae_CA on 6/2/05 9:21pm
Msg #41989

Re: Sylvia... with adoptions...

It was 18 years ago and I was working for attorneys. One of the other gals in the office was a notary and she notarized the birth certificate for me after reading what the adoption agency had requested. Up until that point neither of us had ever notarized anything other than Wills, Powers of Attorneys, Mortgages and Deeds. We both asked our boss about it and he said it would be fine.

I don't know about now, but 20 years ago notaries in NJ were appointed and there were no educational guidelines to go by. We didn't even keep journals. My sister is a notary in Jersey now and doesn't keep a journal. When I've spoken to her about this and encouraged her to get and keep a journal, her response has been that she notarizes the company's CEO's signature and that's it so there's no reason for her to keep one. She hasn't had any formal training and she's never seen any State codes.

I just get the feeling that NJ is very lax. Completely different here in CA and I do enjoy and feel more comfortable as a CA notary because there are guidelines and codes and I know what I can and cannot do. Never worrying about something coming back and biting me in the butt. I never felt that way when I was a notary in NJ.