Notary · Types of Notarial Acts

A customer asks the notary to certify a copy of their birth certificate. Can the notary do this?

Correct answer

It depends on the state — some states allow notaries to certify copies of documents that are NOT vital records; most states PROHIBIT notaries from certifying copies of vital records (birth certificates, death certificates, marriage certificates) because official copies must come from the issuing government office

  1. A Yes — copy certification is a standard notarial act
  2. B It depends on the state — some states allow notaries to certify copies of documents that are NOT vital records; most states PROHIBIT notaries from certifying copies of vital records (birth certificates, death certificates, marriage certificates) because official copies must come from the issuing government office
  3. C Always prohibited nationwide
  4. D Only if the customer needs it for immigration purposes

Why this is the answer

COPY CERTIFICATION is a notarial act in some states where the notary certifies that a photocopy is a true and complete copy of the original. However, virtually all states PROHIBIT notaries from certifying copies of VITAL RECORDS — birth certificates, death certificates, marriage certificates, divorce decrees, passports. Why? Vital records can only be issued or certified by the government agency that created them (county clerk, state vital records office). A notary's copy certification of a vital record carries no legal weight and may actually mislead the recipient about the document's authenticity. The correct answer when asked to certify a birth certificate copy: explain that vital record certification must come from the issuing agency (typically the county/state vital records office); direct them to obtain an official certified copy with a raised seal directly from that office.
Source: Notary Exam, Copy Certification Limitations

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About this topic: Types of Notarial Acts

Types of notarial acts questions cover acknowledgments, jurats, oaths and affirmations, copy certifications and signature witnessing — what each certifies, the wording required and which act fits which document. This is one of 17 Notary questions on types of notarial acts, each with a full explanation on a single study page.

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