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Notarial Acts/Documentation

A client asks a California notary public to certify a copy of his birth certificate. How should the notary respond?

A

Certify the copy, since birth certificates are commonly certified by notaries.

B

Certify the copy only if the original is presented in person.

C

Decline. California notaries may not certify copies of vital records such as birth certificates — only the State Registrar, local registrars, and county recorders may make certified copies of vital records.

D

Certify the copy using a tangible copy certification form.

Correct Answer

C. Decline. California notaries may not certify copies of vital records such as birth certificates — only the State Registrar, local registrars, and county recorders may make certified copies of vital records.

AI Explanation

Prohibition on notary certification of vital records. Health and Safety Code section 103545 provides that certified copies of birth, fetal death, death, and marriage records (vital records) may be made only by the State Registrar, duly appointed local registrars, and county recorders. A California notary public is prohibited from certifying copies of these documents, regardless of whether the original is presented.

Notarial Acts/Documentation Question #288
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