Guidelines for Ordering Birth and Death Record

image of Stop signDid you know the guidelines for ordering birth and death records have changed?

Because of the increased occurrence of identity theft, new laws were passed to protect birth and death records from misuse. These laws go into effect July 1, 2003. At that time, the steps necessary to obtain a birth or death record will change significantly.

Birth Records
New Law Effective July 1, 2003

Effective July 1, 2003, the California Health and Safety Code, Section 103526, will permit only authorized individuals to receive certified copies of birth records. Those who are not authorized by law to receive a certified copy will receive a certified copy marked "Informational, not a valid document to establish identy". 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.
  • In order to obtain a Certified Copy on or after July 1, 2003, 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, 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
New Law Effective July 1, 2003

Effective July 1, 2003, the California Health and Safety Code, Section 103526, will permit only authorized individuals to receive certified copies of death records. Those who are not authorized by law to receive a certified copy will receive a certified copy marked "Informational, not a valid document to establish identy" . 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.

In order to obtain a Certified Copy on or after July 1, 2003, 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, 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.