Posted by PAW on 10/23/10 9:37am
Msg #357882

Interesting comment about copying birth certificates

As is true in most if not all states, a notary may not certify a copy of a public record, if a copy can be obtained from the official source, such as in the case of birth certificates. The Florida Governor's Office - Notary Section goes even further in their guidelines about birth certificates (ed: extends to all public and vital records). To paraphrase, Florida law prohibits the photocopying of birth certificates. (**Here's the important part ...**) This would eliminate the alternative procedure of attaching an affidavit to a photocopy of a birth certificate in which a party swears that the photocopy is a true copy of the birth certificate.

That means, at least in Florida, a notary cannot accept a "Copy Certification by Document Custodian" (or similar affidavit) for a vital or public record. Some notaries in other states have been advocating the use of a custodian's affidavit whenever they (the notary) cannot make a certified or attested copy.

Reply by FlaNotary2 on 10/23/10 10:07am
Msg #357883

Not so sure

F.S. 382.026(2) does state that it is unlawful for a person to *make* a certificate or a certified copy of such certificate without lawful authority and with intent to deceive. Whether or not photocopying a vital record is considered "making" a certificate is not clear. Nowhere in the statutes does it specifically state that it is unlawful to photocopy a vital record. And, it should be mentioned, that vital records get photocopied all the time. Not only by individuals - attorneys, life insurance companies, funeral homes, etc. frequently photocopy death certificates. The Bureau of Vital Statistics actually requires that a photocopy of a birth certificate be submitted with the Certified Statement of Paternity.

That said, it is very easy for people born in Florida to obtain copies of their own birth certificates. Every Florida county has a vital statistics office with state-wide access to birth records. Thus, a person now living in Sumter county who was born in Duval county, can obtain their Duval county birth certificate from the Sumter county vital statistics office. I do not believe in "Copy Certification by Document Custodian" and do not offer this to my clients. If it can not be attested pursuant to F.S. 117.05(12), the client needs to obtain a lawful, certified copy.

Reply by PAW on 10/23/10 10:24am
Msg #357886

That's not the point.

There is nothing saying you can't copy anything. However, a notary cannot attest or certify a vital or public record. It's not the copying that's the problem. It's attesting or certifying the copy that is the problem. In the case of birth certificates, for example, the person never receives an 'original' birth certificate. Everything that the bureau sends out is a 'certified copy'. So, even if there was no law about copying and attesting to birth certificates specifically, it would certainly be covered under another requirement... copies must be made from original documents. (F.S. 117.05(12))

By definition of CERTIFIED COPY - A copy of a document or record, signed and certified as a true copy by the public official who has custody of the original record. NOTE: A notary may make an “attested photocopy,” but not a certified copy. A certified copy is not the same as an original document.

Reply by C. Rivera Chicago Notary Services on 10/23/10 10:35am
Msg #357887

having the notary make the copy is a no no....IMO..

the custodian of the bc is the owner of the document, they are therefore the ones signing the affidavit, and are the ONLY ones that should make the copy of the bc.

That definition could also be true for the actual owner of the actual bc.

Reply by PAW on 10/23/10 12:16pm
Msg #357898

IMO it's better to have the notary make the copy

Since FL notaries can attest to copies of non-vital, non-public records, it is recommended that the notary make the physical copy. Then the notary knows, as does the recipient of the attested copy, that the copy is a true and accurate copy. FL statute states that either the notary must make the copy or directly supervise the making of the copy.

As for the custodian being the owner, that's not necessarily true. Just recently, a client needed to have his birth certificate "legalized" for use in a foreign country. Since document legalization processing is something I do almost every day, this was not a problem. The owner was not available (he was already overseas) and he didn't have an acceptable birth certificate that could be legalized. (He was born in New York City. That's a different thread altogether.) By agreement, I acted on his behalf in obtaining the birth certificate and having it legalized. I was the custodian of the document (plus other documents), but not the owner. I was merely acting as the owner's agent.

Reply by C. Rivera Chicago Notary Services on 10/23/10 1:32pm
Msg #357906

FL notaries have greater authorities than us here....

so since we can't attest or even act like agents, I use the affidavit, but again, only for foreign bc since these are so much harder to get certified or even authenticated from most foreign countries. Lots of red tap, and costs a fortune for the owner of the bc.

Reply by FlaNotary2 on 10/23/10 11:12am
Msg #357893

I must have misunderstood your point

I thought your point was that a "Copy Certification by Document Custodian" can not be used on birth certificates. I disagree with the handbook in that instance, because there is nothing in the statutes prohibiting a birth certificate from being copied. However, we as notaries can not attest to the copy itself because it is a vital record, which we are prohibited from copying.

Again, I do not think there is ever a good reason to use the "Copy Certification by Document Custodian" in Florida. If a copy can not be made by the notary, it should be obtained from the appropriate official, i.e. the Bureau of Vital Statistics in the case of birth certificates.

Reply by John/CT on 10/23/10 12:10pm
Msg #357897

Thank you Robert. Welcome back! n/m

Reply by C. Rivera Chicago Notary Services on 10/23/10 10:14am
Msg #357885

for US vital records, it would appear that to be true...but

I believe that document was created and should be, IMO, only used for foreign birth certificates for immigration purposes.

Reply by Roger_OH on 10/23/10 6:11pm
Msg #357925

So it's OK to certify copies of FOREIGN birth or...

marriage certificates?

Reply by C. Rivera Chicago Notary Services on 10/24/10 5:52am
Msg #357954

I don't 'certify' anything... n/m

Reply by Michael Gibbs on 10/24/10 4:51am
Msg #357951

I have been a Notary for the state of Alabama for the past 25 years and as for this state you can not make copys of any vital or public record, and call it certified copy the copy has to come from the part of the state that produced the orginal.