In most states, a notary public can certify that a photocopy is a true reproduction of an original document, but roughly eight states prohibit the practice, and even the states that allow it exclude common documents like birth certificates, court orders, and deeds. So whether a notary can certify a copy of a document for you comes down to two things: your state’s law and the type of document you’re holding.
Whether Your State Allows It
No federal law grants or denies notaries the power to certify copies. That authority comes exclusively from state law, and states have landed in very different places. A majority explicitly permit copy certification as an official notarial act. A smaller group prohibits it outright. Several fall in between, allowing it only for narrow categories of documents.
States that prohibit copy certification often point to fraud concerns and the difficulty a notary faces in judging whether the “original” placed in front of them is genuine. States that allow it typically let a notary examine the original alongside the photocopy, confirm they match, and attach a certificate with the notary’s signature and seal.
The restrictions can be surprisingly specific. Some states bar notaries from certifying anything that could be filed with a government office. Others allow certification broadly but carve out vital records. A few limit the authority to a single document type, such as a power of attorney. Your state secretary of state’s office is the only reliable source for what your notary can actually do.
Documents a Notary Cannot Certify
Even in states that broadly authorize copy certification, certain documents are almost always off-limits. The reason is simple: the agency that created or holds the original is the only entity positioned to guarantee a copy’s authenticity. A notary looking at a birth certificate has no way to check it against the issuing office’s records.
Documents that typically fall outside a notary’s authority include:
- Vital records, including birth certificates, death certificates, and marriage certificates. Certified copies come from your state or territory’s vital records office.
- Court records such as court orders, divorce decrees, and judgments. The clerk of the court that issued the record provides certified copies.
- Recorded instruments like deeds and mortgages, which are certified by the county recorder’s office where they were filed.
- Naturalization certificates, which only U.S. Citizenship and Immigration Services can certify. You make an appointment at a local USCIS office and bring both the original certificate and your photocopy for an officer to review.
Passports and Federal Documents
U.S. passports come up often. The U.S. Department of State warns against notarizing passport documents and states that a notarized passport document is no longer valid. If you need an authenticated copy of your passport’s biographical data page for use abroad, that authentication goes through the State Department’s Office of Authentications, not a notary.
How the Certification Actually Works
In states where the law permits it, the process follows a predictable sequence. You bring the original, unaltered document to the notary in person. The notary will not work from a photocopy you brought from home, because the whole point is the notary’s firsthand comparison of the original against the copy.
The notary either makes the photocopy or watches you make it. That supervision ensures no pages were swapped, altered, or selectively omitted. Once the copy exists, the notary compares it page by page against the original to confirm the two match exactly.
If everything checks out, the notary completes a short written statement called a notarial certificate, attaches it to the photocopy, signs it, and applies their official seal. The photocopy now carries the notary’s attestation and can be presented wherever the requesting party needs it.
What It Costs
States cap the fees notaries can charge for each official act. For copy certification, maximum fees generally fall in the range of $5 to $25 per document, depending on your state’s fee schedule. Mobile notaries who travel to your location often add a travel fee on top of the per-act charge.
The Document Custodian Workaround
When a notary cannot certify your copy, either because your state prohibits the act or because your document falls into a restricted category, there is a widely used alternative called “copy certification by document custodian.” It is the standard solution in states that bar notaries from direct copy certification, and most notaries there are familiar with it.
Here is how it works. You, as the person holding the original (the “custodian”), make a photocopy. You then write and sign a sworn statement declaring the copy is a true, accurate, and complete reproduction of the original in your possession. You take that signed statement and the copy to a notary, who administers an oath or affirmation and notarizes your signature using jurat wording.
The legal distinction matters. The notary is not certifying the copy. The notary is confirming your identity and that you swore under oath that the copy is accurate. Responsibility for the copy’s authenticity falls on you, not the notary. In substance, this is an affidavit about the copy’s accuracy, with the notary serving in the traditional role of witness to your sworn statement.
One practical tip: notaries in states that prohibit copy certification can tell you this alternative exists, but many are trained not to actively recommend it. If you know you need this service, ask for a “copy certification by document custodian” by name.
Getting a Certified Copy From the Issuing Agency
For vital records and other government-filed documents, the most direct path is requesting a certified copy from the agency that issued or maintains the original. Each state and territory has a vital records office that handles birth, death, and marriage certificates. Court documents come from the clerk of the court that entered the order. Recorded instruments like deeds come from the county recorder’s office where they were filed.
The U.S. government maintains a directory to help you find the right vital records office in your state or territory for birth certificates. Contact that office to learn the application process, fees, acceptable identification, and turnaround time.
For naturalization certificates, USCIS handles certified true copies directly. You schedule an appointment at a local USCIS office and bring both your original certificate and a photocopy. A USCIS officer reviews the documents, verifies your identity and citizenship status, and certifies the copy.
Using a Certified Copy Abroad
If you need a certified copy recognized in another country, an additional step called an apostille is usually required. An apostille is a certificate issued by a designated government authority that authenticates the signature and seal on your document so foreign governments will accept it as legitimate.
The apostille system comes from the 1961 Hague Convention, which currently has more than 90 member countries. If your destination country is a member, an apostille is the standard authentication method. For documents notarized or issued at the state level, including notary-certified copies, the apostille comes from your state’s secretary of state. Federal documents require an apostille from the U.S. Department of State.
The process typically involves submitting your certified copy to the appropriate secretary of state’s office, paying a processing fee, and waiting for the apostille certificate to be attached. Some states offer expedited processing. The U.S. government publishes a directory of apostille contact information for both federal and state-level documents.
When you are unsure whether a notary in your state can legally perform the copy certification you need, check your secretary of state’s website or call the office directly before you pay for the act. A certification performed without authority can be rejected by the institution that requested it, sometimes long after you rely on it.