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.