Birth Certificate Rights
- An authorized copy of a birth certificate is a legal document with the same validity as the original. It is typically notarized and prepared with a raised seal, and photocopies lose their legal validity. In all states, a person may obtain an authorized copy of his own birth certificate (provided he is at least 18). Two other classes of people are always permitted to obtain authorized copies--parents (including adoptive parents) and legal guardians. In most cases, members of the immediate family may also obtain authorized copies. Some states allow other parties, such as members of the extended family, estate executors and law enforcement personnel, to obtain authorized copies.
- Some states provide "informational copies" to certain people who are not qualified to obtain authorized copies. Even informational copies are not available to the general public, however. Informational copies contain the same information as authorized copies, but are not notarized or sealed, and are stamped "Informational Copy Only." Informational copies are not legal documents and can be used for reference purposes only.
- In many cases of adoption, the biological parents do not wish their offspring to learn of their identity. This presents potential problems when the adoptee seeks a copy of her birth certificate, because she does not have access to her parents' names and therefore cannot complete an application for a copy of a birth certificate. States deal with this problem by preparing an amended birth certificate when the adoption becomes final, showing the adoptive parents on the birth certificate as if they were the biological parents. The original version of the birth certificate is retained by the state government but is not made public.
- In some cases the identity of the father is not known at the time of birth, resulting in a birth certificate that includes only the mother's name. When the biological father seeks custody of the child, the birth certificate cannot be used as evidence of paternity. In some states, even the appearance of the father's name on the birth certificate is not enough to establish paternity if he was not married to the mother at the time of the birth. In such cases, the father must resort to other means, such as DNA testing, to establish paternity.
- Since the U.S. Constitution provides that U.S. citizenship is automatically granted to anyone born on U.S. soil, the birth certificate is the ultimate proof of U.S. citizenship.
- U.S. citizens or residents born abroad usually cannot use an authorized copy of a birth certificate issued by a foreign government for legal purposes. In this case, it is possible to apply to the U.S. State Department for Form DS-240 (Consular Report of Birth Abroad) or Form DS-1350 (Certification of Report of Birth). Either of these documents can be used in essentially in the same manner as authorized copies of U.S. birth certificates.
Authorized Copies
Informational Copies
Special Case: Adoption
Child Custody Issues
U.S. Citizenship
Foreign Birth Certificates
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