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New Law Allows On-line Birth & Death Record Orders

Last modified: 3/26/2013 12:04 PM

State Assembly Bill 1179 modified the California Health and Safety Code, Section 103526, to allow us to accept faxed notary acknowledgments for birth and death certificate orders.  Therefore, we have resumed accepting on-line orders using the services of VitalChek.

There are still strict rules regarding who is entitled to obtain birth and death certificates.

BIRTH RECORDS

Per the California Health and Safety Code, Section 103526, only authorized individuals to receive certified copies of birth records. Those who are not authorized by law to receive a certified copy receive a certified copy marked "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." The new law describes an authorized person as:

  • The registrant or a parent or legal guardian of the registrant.
  • A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code.

  • A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business.

  • A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant

  • An attorney representing the registrant or the registrant's estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate.

Currently, in order to obtain a Certified Copy, you MUST complete the sworn statement included with the birth certificate application form and sign the statement under penalty of perjury. If you mail your request or order on-line, your sworn statement must be notarized. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed.

DEATH RECORDS

Per the California Health and Safety Code, Section 103526, only authorized individuals to receive certified copies of death records. Those who are not authorized by law to receive a certified copy receive a certified copy marked "INFORMATIONAL, NOT A VALID DOCUMENT TO ESTABLISH IDENTITY." The law describes an authorized person as: · A parent or legal guardian of the registrant.

  • A party entitled to receive the record as a result of a court order, or an attorney or a licensed adoption agency seeking the birth record in order to comply with the requirements of Section 3140 or 7603 of the Family Code.
  • A member of a law enforcement agency or a representative of another governmental agency, as provided by law, who is conducting official business. 
  • A child, grandparent, grandchild, sibling, spouse, or domestic partner of the registrant.
  • An attorney representing the registrant or the registrant's estate, or any person or agency empowered by statute or appointed by a court to act on behalf of the registrant or the registrant's estate.
  • A funeral director ordering certified copies of a death certificate on behalf of an individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 of the Health and Safety Code.

Currently, in order to received a Certified Copy, you MUST complete the sworn statement included with the death certificate application form and sign the statement under penalty of perjury. If you mail your request or order on-line, your sworn statement must be notarized. If your mailed request indicates that you want a Certified Copy but does not include a notarized statement sworn under penalty of perjury, the request will be rejected as incomplete and returned to you without being processed. (Note: A funeral director ordering copies on behalf of an individual specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 7100 of the Health and Safety Code is not required to complete the notarized statement.)

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