Your birth certificate is often the first document in your life, yet it is rarely the last one you will need. It is the foundation of your legal identity. Whether you are applying for a passport, getting married, enrolling in school, or simply proving your age to buy a vintage bottle of wine, the birth certificate is the gold standard of proof.
However, if you have ever tried to order a copy of your birth certificate from New York State, you may have encountered a confusing roadblock: the requirement for a “notarized affidavit.”
As a Remote Online Notary (RON) in New York State, clients often ask, “Do I need to send you my birth certificate to notarize?” The answer is usually no. You cannot notarize a birth certificate itself; it is a government record, not a document you sign. Instead, you need a notary to verify the affidavit (a sworn statement) you submit alongside your application to prove your identity or correct a mistake.
This guide will walk you through exactly how birth certificates work in New York, when you need a notary, and how to get your certified copy quickly and correctly.
Understanding New York Birth Certificates
Before we discuss notarization, it is vital to understand the types of birth records available in New York. The New York State Department of Health (DOH) maintains these records, and they issue them in three distinct categories.
Certified Copy This is the “gold” standard. It contains the official seal of the Department of Health, a raised seal or embossed seal (if picked up in person), and a registration number. This is the only type accepted for legal purposes, such as passport applications, immigration proceedings, and employment verification. Information Copy
This is essentially a photocopy of the original birth record. It looks just like the certified copy but lacks the official seal and the signature of the Registrar. You can use an Information Copy for personal genealogy or filling out a form that just asks for your date of birth. However, it will not be accepted by the government for legal ID.
Short Form This is a summary of the birth record, often used for international purposes or when a full record is not necessary. It lacks the detailed parental information and hospital data found on the long form.
For this guide, we will focus on the Certified Copy, as this is the document that requires specific procedural steps when errors or name changes are involved.
When Do You Actually Need a Notary?
Here is the good news: If you are simply ordering a certified copy of your birth certificate and the information on the certificate is 100% correct (your name, birth date, place of birth are all perfect), you do NOT need a notary. You can simply fill out the standard DO-B-1 application and mail it or apply online.
However, notarization becomes necessary in two specific scenarios:
Scenario A: The Affidavit of Identity (Form DO-B-133) You need this form when the name on your birth certificate does not match your current legal name. This is common if:
- You have changed your name due to marriage.
- You have changed your name due to divorce.
- You have legally changed your name through a court order. In these cases, you must provide an Affidavit of Identity (Form DO-B-133) to link your current name to the name on the birth certificate. This affidavit must be notarized.
Scenario B: The Affidavit of Correction (Form DO-B-144) You need this form when there is an error on the birth certificate itself. This is common if:
- Your name was misspelled by the hospital or registrar.
- Your parents’ names are incorrect.
- The birth date or place of birth is wrong. To fix these errors, you must fill out an Affidavit of Correction (Form DO-B-144). This document must be signed in front of a notary public.
Deep Dive into the Affidavit of Identity (Form DO-B-133)
This is the most common form my RON clients need help with. The DO-B-133 is a sworn statement declaring that “Jane Doe” (the name on the birth certificate) is the same person as “Jane Smith” (your current name).
Why is notarization required? The State of New York needs a third-party guarantee that you are who you say you are. When you sign the affidavit in front of me, you are swearing under penalty of perjury that the information is true. My notary seal verifies your identity and your signature.
The Process:
- Download and print the DO-B-133 form from the NY DOH website.
- Fill out the form. Do not sign it yet.
- Gather your supporting documents. You must include the document that shows the name change. If married: A copy of your marriage certificate. If divorced: A copy of the divorce decree. If court-ordered name change: A copy of the court order.
- Schedule your RON appointment. You will appear via video call.
- Your notary will verify your current government-issued ID (Driver’s License or Passport).
- You will sign the form on camera.
- Your notary will apply their digital notary seal and send you the certified PDF.
Crucial Tip: Make sure the name on your current ID matches the name on your supporting document (e.g., if your license is in your maiden name, the marriage certificate must show the change from maiden to married).
Deep Dive into the Affidavit of Correction (Form DO-B-144)
Correcting a birth certificate is a bit more involved than a name change. The Department of Health is very strict about altering original records.
Who can file a correction? Only “authorized applicants” can request a correction. You are an authorized applicant if you are:
- The person named on the certificate.
- A parent of the person named on the certificate.
- A legal guardian of the person named on the certificate.
What you need for the Affidavit of Correction: You need proof that the error exists and proof of the correct information.
Example: If your last name is spelled “Smyth” but should be “Smith,” you need to provide a document showing “Smith” was the intended name (perhaps a baptismal record, a family bible, or a census record). Fill out the DO-B-144 form, detailing the error and the correction. Have the form notarized.
The Process:
- Download and print the DO-B-144 form.
- Fill out the “Error” and “Correction” sections clearly.
- Gather your supporting evidence (e.g., census records, baptismal certificates).
- Schedule your RON appointment.
- Show your notary your ID and the supporting documents.
- Sign the affidavit on camera.
- Your notary will return the notarized PDF to you.
The Remote Online Notary (RON) Advantage
In the past, getting these forms notarized meant taking time off work, finding a notary at a bank or shipping store, and hoping they knew which form to use.
As a NYS Remote Online Notary, I bring the notary table to your living room.
How RON works for Birth Certificates:
Convenience: You can do this from your home or office in New York State. Security: I use state-approved technology to verify your ID. I scan your driver’s license and use biometric technology to ensure you are the person in the photo. Recording: The entire session is audio-video recorded and stored for six years, just as if you sat in front of me in a physical office. Digital Delivery: You receive your notarized PDF via email immediately after the session. You can print it and mail it with your application.
Is a digital seal valid? Yes. New York State law (Executive Law Article 13) fully recognizes Remote Online Notarization. The Department of Health accepts digitally notarized affidavits.
Step-by-Step Guide to Getting Your Certified Copy
Now that you understand the notarization part, here is the complete workflow to get your new certified copy.
Step 1: Determine Your Needs
Is the name correct? -> Skip to Step 4.
Is the name wrong (marriage/divorce)? -> Proceed to Step 2.
Is there a typo/error? -> Proceed to Step 3.
Step 2: The Name Change Path
Download Form DO-B-1 (Application for Certified Copy).
Download Form DO-B-133 (Affidavit of Identity).
Locate your Marriage Certificate or Divorce Decree.
Book a RON appointment to notarize the DO-B-133.
Attach the notarized DO-B-133 and a copy of the marriage/divorce document to your DO-B-1 application.
Step 3: The Correction Path
Download Form DO-B-1 (Application for Certified Copy).
Download Form DO-B-144 (Affidavit of Correction).
Locate supporting evidence (e.g., old records proving the correct spelling).
Book a RON appointment to notarize the DO-B-144.
Attach the notarized DO-B-144 and a copy of the supporting evidence to your DO-B-1 application.
Step 4: Submit Your Application You can mail your packet to the New York State Department of Health, Vital Records Section, PO Box 26339, Albany, NY 12201. Or, you can apply online via the NY DOH website. If applying online, you will upload a scanned image of your notarized affidavit and your supporting documents.
Step 5: Payment The fee is $30 per certified copy. You can pay by check, money order, or credit card (if applying online or by mail with a processing fee). Note: The state does not accept cash in the mail.
Step 6: Wait for Delivery Standard processing time is 14 to 21 business days. Expedited processing is available for an additional fee, but the DOH does not guarantee same-day or next-day delivery for standard mail requests.
Common Pitfalls to Avoid
Avoid these to ensure your application is not rejected:
Mismatched Names: Ensure the name on your current ID matches the name on your supporting documents in the correct order. If your license says “Jane Marie Smith” and your marriage cert says “Jane M. Smith,” be prepared to explain the middle name.
Illegible Signatures: Do not scribble your signature on the affidavit. Sign it exactly as you do on your ID.
Expired IDs: Your government-issued ID must be current and unexpired for the RON process.
Wrong Form: Do not use the DO-B-144 (Correction) for a name change due to marriage. Use the DO-B-133 (Identity). The DOH will reject your application if you use the wrong form.
Missing Enclosures: If you claim your name changed due to marriage, you must include a copy of the marriage certificate. The affidavit alone is not enough.
Frequently Asked Questions
Q: Can I notarize the birth certificate itself? A: No. The birth certificate is a government record. You can only notarize the affidavit (sworn statement) that accompanies your request for the certificate.
Q: How long is a notarized affidavit valid? A: Generally, a notarized affidavit does not expire. However, for passport applications, the supporting documents should ideally be recent. If your marriage was 40 years ago, the certificate is still valid proof.
Q: Do I need two witnesses? A: No. The DO-B-133 and DO-B-144 forms only require a notary public’s signature and seal. Witnesses are not required for these specific NY DOH forms.
Q: Can I do this if I live out of state? A: As a NYS Remote Online Notary, I can notarize documents for you as long as you are physically located within the borders of New York State at the time of the video call. If you live in another state, you will need to find a notary in that state.
Q: How much does the notary fee cost? A: The maximum fee for a standard notarial act in New York is $5, and for Remote Online Notarization, it is $25. My fees are listed on the website.
Final Thoughts
Obtaining a certified copy of your birth certificate is a straightforward process, but the requirements can be tricky if you need to correct errors or update your name. By understanding the difference between the Affidavit of Identity and the Affidavit of Correction, and by utilizing the convenience of Remote Online Notarization, you can secure your vital records efficiently and accurately.
If you have questions about your specific situation, or if you are ready to schedule your RON appointment for your affidavit, please contact my office. I am here to ensure your journey to obtaining your certified copy is smooth, secure, and compliant with New York State law.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. The New York State Department of Health rules and fees are subject to change. Always verify requirements on the official NY DOH website before applying. I am a Notary Public, not an attorney.