The short answer depends on your relationship with the person and your legal authorization.
If you need a certified copy of a birth certificate for someone else, whether for a loved one or to assist with legal matters, you may have questions about the process. The ability to request a birth certificate on another person’s behalf largely depends on your relationship with that individual and whether you have the necessary legal authorization.
For example, a parent may need to obtain their child’s birth certificate for school enrollment or apply for government benefits. A guardian may need the record for healthcare purposes, such as signing medical consent forms, and the executor of the estate may require the decedent’s birth certificate when handling inheritance matters. In cases of adoption, you may seek out birth certificates to trace your biological family history. The eligibility requirements for requesting a birth certificate on someone else’s behalf differ from state to state. Knowing your state’s specific rules can make it easier to obtain a certified birth certificate for important life events.
Who Can Request Someone Else’s Birth Certificate?
In most U.S. states, only individuals with a direct and legitimate interest may request a certified copy of another person’s birth certificate, typically by providing proof of their relationship to the person named on the record. Each state sets its own eligibility rules, so this may differ from state to state. Below are the state’s most commonly accepted requestors:
✅ Parents (Biological or Legal)
- Valid Identification: In most states, parents can request a copy of their child’s birth certificate, provided they are named on the original certificate. Parents can typically present valid identification, such as a driver’s license, state ID, or other government-issued identification, to obtain a copy.
- Additional Documentation (if applicable): If a parent is not listed on the official birth record, they may be required to present further documentation, such as a certified court order establishing parental rights or a custody agreement that confirms their legal relationship to the child.
✅ Legal Guardians
- Guardianship Documents: Guardians must present official documentation, such as guardianship papers, to verify their status as legal guardians. These papers outline the legal authority granted by the court.
- Court Orders: A court order may be required in some states, which grants the rights and responsibilities to the guardian. These documents must be current.
- Identification: A valid form of identification, such as a driver’s license or passport, is required to verify the guardian’s identity, along with the supporting documents.
- Proof of Relationship: This may include medical records or other legal documents that show the guardian’s role in the person’s life.
✅ Adult Children
- Your Birth Certificate: The birth certificate request for a deceased parent is typically accepted for legal or estate purposes by providing your birth certificate, which lists your parent’s name.
- Valid Identification: Adult children must provide valid identification, such as a passport, a valid driver’s license, or another form of identification accepted by the state’s vital records office.
- Additional Documents (if applicable): If discrepancies exist in names or if the birth certificate is from a different state or country, additional identification or legal documents may be required to clarify the relationship, such as marriage licenses or court orders.
✅ Spouse or Domestic Partner
- Marriage Certificate: This is the primary document that establishes a legal relationship between spouses and lists their full names and the date of marriage.
- Valid Identification: Along with the marriage certificate, the requesting spouse must present valid photo identification. The ID should match the name on the marriage certificate.
- Proof of Interest: To establish a direct and tangible interest in the birth certificate, the requesting spouse may need to explain the request. Reasons may include insurance claims, estate matters, or legal requirements for changing one’s name.
- Additional Documentation (if applicable): Depending on the jurisdiction, additional documents might be necessary, which can include a notarized letter from the spouse whose birth certificate is being requested, granting permission for the spouse to obtain the document.
✅ Attorney or Legal Representative
- Signed Authorization: To begin, the legal representative must obtain a signed authorization from the certificate holder (the client). The authorization should explicitly grant the attorney the right to request the individual’s birth certificate on their behalf.
- Proof of Legal Representation: The attorney must provide documentation verifying their status as a legal representative, along with the authorization, such as a retainer agreement that outlines the attorney-client relationship or a court order that assigns them the right to act on behalf of the client.
- Additional Documentation (if applicable): This may include a government-issued ID of the client, proof of the attorney’s bar membership, or any other relevant legal papers that lend credibility to the request.
🚫 Friends, Extended Family, or Employer
- Generally, access is not allowed unless they have written, notarized authorization or legal documentation permitting them.
Special Cases🕊️ Deceased Individuals
- Death does not automatically make a birth certificate public.
- You must still prove a direct and tangible interest (e.g., estate executor).
👶 Adopted Individuals
- Access to original birth certificates may be restricted.
- Some states require court orders or special procedures to access sealed records.
Why Access to Birth Certificates Is Restricted?
A birth certificate is an official document issued by a state’s government that records a child’s birth and contains personal information used to establish their identity. Government agencies rely on birth certificates as valid records for vital statistics, taxes, military service, and census data. Birth certificates are used for verifying a person’s age, citizenship, and identity. Because they contain sensitive personal information and can be targeted for fraud and misuse, state vital records offices restrict access to these records. Certified copies are required to obtain a Social Security number, apply for a passport, enroll in educational institutions, obtain a driver’s license, secure employment, and apply for other benefits. In most states, individuals must provide proof of identity, while third-party individuals must establish a legitimate relationship with the person named on the certificate. This requirement is known as having a “direct and tangible interest” in the certificate.
The FOIA
The United States Department of Justice established the Freedom of Information Act (FOIA). This federal law sets the guidelines for the public’s right to request records, which each state follows in establishing its own set of rules regarding vital records, such as birth certificates. FOIA has nine exemptions to protect personal privacy, security, and law enforcement. You can review the FOIA faq page for more information regarding requesting records on someone else’s behalf.
What Documents You’ll Likely Need
- Valid government-issued identification (e.g., driver’s license, passport)
- Proof of relationship (birth certificate, marriage certificate, legal guardianship papers)
- Completed application form (state-specific)
- Payment for applicable fees
- Notarized Statement / Authorization Form
Each state may have slightly different regulations. Check the guidelines provided by the specific state vital records office where the birth occurred or the Vital Records Online Birth Certificate State Page to find information on your state’s eligibility policies to request a record for someone else.
How to Request a Birth Certificate Online
If you’re eligible, you can request someone else’s birth certificate through a secure online process. With Vital Records Online, we:
- Guide you through eligibility and documentation
- Provide secure, trackable service for all 50 states
- Eliminate confusing government paperwork and in-person visits
✅ Start your secure birth certificate request now.
Conclusion
Accessing a birth certificate on behalf of someone else requires proper documentation and a valid legal standing. Always verify eligibility requirements based on the state and your relationship with the certificate holder.
Generally, obtaining a birth certificate on behalf of another person requires providing key information, including your relationship to the certificate holder and specific documentation, such as a signed authorization form from the individual whose certificate you are seeking.
Vital Records Online can help guide you if you’re unsure whether you qualify.
