Who is eligible to get a copy of a birth certificate?

 Can a grandparent get a copy of their grandchild's birth certificate?

I need a parent's/grandparent's birth or death certificate in order to apply for foreign citizenship. How do I get a court order to obtain those records?

Answer

  • Birth certificates are not public information and can only be issued to the individuals named in 10 NYCRRR 35.2 and Public Health Law 4173.
  • Procedure for Birth Certificates of Deceased Individuals Born in New York City
  • Procedure for Birth Certificates of Deceased Individuals Born in New York State, Outside of New York City
    • The person named on the birth certificate.
    • A parent of the person named on the birth certificate. The requesting parent's name must be on the birth certificate.
    • A spouse, child or others, but only by order of a New York State court.
      • The order would be obtained by filing an Article 78. 
      • There are no court supplied forms for this topic and the form books in Lexis and Westlaw do not have samples. 
      • Individuals will have to submit a request to the court for an order to the New York State Dept of Health. 
        • The request must provide:
          • Proof of their relationship to the person whose record they are requesting.
          • Proof of the death of the person whose birth certificate they are requesting.
      • Examples of self-represented litigants requesting that the Supreme Court order the New York State Dept of Health are posted in the New York Courts Electronic Filing Service (NYSCEF)
      • See the attached document for instructions on how to search for three examples filed in Broome County
        • EFCA2023000136
        • EFCA2023000472
        • EFCA2023001718
      • The New York State Dept of Health will provide vital records for genealogy purposes. Their website provides this information:

        • Vital records registration started in New York State outside of New York City in 1881. Generally, the New York State Department of Health provides uncertified copies of the following types of records for genealogy research purposes:

          • Birth certificates - if on file for at least 75 years and the person whose name is on the birth certificate is known to be deceased.
          • Death certificates - if on file for at least 50 years.
          • Marriage certificates - if on file for at least 50 years and both spouses are known to be deceased.

            • Are the time periods ever waived?

              The time periods are waived for direct-line descendants. A direct line descendant is a person in the direct line of descent, i.e., the child, grandchild, great grandchild of the person whose record is requested. The direct-line descendant applicant must provide the following:

            • Proof of their relationship to the person whose record they are requesting.
            • Proof of the death of the person whose birth certificate they are requesting.
            • Proof of the death of both spouses whose marriage certificate they are requesting.

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  • Last Updated Apr 09, 2024
  • Views 4564
  • Answered By Librarian 5

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