Why Notaries May Never Certify Copies of Vital Records — And Where to Send Clients Instead
Vital records are some of the most important documents we encounter in life. These records — such as birth certificates, death certificates, marriage records, and divorce decrees — often serve as proof of identity, relationship, age, or legal status.
Let’s unpack why — and where customers should go instead.
What Counts as a Vital Record?
Vital records include:
Birth certificates
Death certificates
Marriage certificates
Divorce records
Fetal death records
These documents are issued by government agencies — typically the state, county, or local clerk’s office — and often contain security features such as stamps, seals, numbers, and watermarks.
Why Notaries Cannot Certify Copies of Vital Records
Many states allow notaries to certify copies of nonpublic, non-recorded documents, like a passport or school diploma — but vital records are handled differently.
1. Vital Records Are Government Property
These documents belong to the issuing government agency, not to the individual possessing them.
The holder has a certified copy, but not the authority to generate new ones.
Certifying a copy would imply the notary is verifying it on behalf of the state — which is already the state’s job.
2. Notaries Cannot Verify Official Record Accuracy
A birth certificate might look legitimate, but only the issuing agency can confirm the original record’s authenticity.
If a notary were to certify a copy:
They would appear to be confirming the document is genuine.
This could open the door to fraud, liability, and legal exposure.
Notary authority stops where government validation begins.
3. State Laws Prohibit It
Even if a notary is permitted to certify copies in general, state law still prohibits certifying:
Copies of vital records
Court records
Public records maintained by government offices
Each state words it differently, but the message is the same:
✅ You may certify copies of some documents
❌ You may never certify copies of vital records
What Notaries Can Do Instead
When a client presents a vital record and asks you to certify a copy:
→ You must refuse.
But you don’t leave them hanging — you redirect them.
✔️ Advise the customer to obtain an official certified copy
They can request certified copies from:
State Vital Records Office
County Clerk
City Records Office
Department of Health (varies by state)
These agencies maintain original records and have the sole authority to generate and certify new copies.
A Helpful Phrase for Notaries
“I’m not authorized to certify copies of vital records.
You can obtain a certified copy from your city, county, or state clerk’s office where the document was originally issued.”
This keeps the conversation simple, compliant, and professional.
What About Copy Certifications by Document Custodian?
Some states offer an alternative called a Copy Certification by Document Custodian, where:
The customer writes a statement declaring the copy is true and correct.
The notary notarizes the customer’s signature — not the document itself.
Even where this is allowed, it still:
❌ Does NOT make the copy an official certified copy
❌ Should NEVER be done for vital records
If the requesting agency requires an official certified copy, the client must go through the issuing vital records office.
Why This Matters: Protecting the Public & Your Commission
Refusing to certify a copy of a vital record:
Keeps you compliant with state laws
Protects your notary commission
Prevents fraud
Ensures customers get the correct documents
Accepting the request — even with good intentions — can expose you to:
Legal trouble
Civil liability
Administrative penalties
Loss of commission
A confident “no” is sometimes the best form of service.
Educate Clients With Confidence
When approached by clients who don’t understand the rules, remember:
Most are simply unaware.
A quick explanation positions you as a knowledgeable and trusted professional.
Notaries are gatekeepers of integrity.
Knowing what you cannot do is just as important as knowing what you can.
Closing Thoughts
Vital records are too important to risk mishandling.
While notaries provide valuable copy certification services, these do not extend to birth, death, marriage, or similar government-issued records.
So when the request comes in:
Refuse the certification —
Then redirect them to their city, county, or state clerk’s office.
This is how we protect our role, our clients, and the laws that guide our profession.
Stay informed. Stay compliant. Stay professional.
