How to Obtain a Birth Certificate for a Deceased Relative in New York

The state of New York strictly limits who can obtain certified copies of birth certificates. Only the person named on the birth certificate or the named person's parents can request a birth certificate. These rules are particularly problematic for individuals doing genealogical research or seeking a deceased family member's birth certificate for citizenship purposes. The only way to obtain a deceased family member's birth certificate is with a court order unless you are the parent of that family member.

Things You'll Need

• $95.00
• Transportation to New York
• Request for judicial intervention form

Instructions

Obtaining a Court Order

1. Determine in which county your relative was born. You must do this in order to know which court to petition. You must petition the trial court for the county in which your relative was born. New York trial courts are called supreme courts. So, for instance, if your relative was born in Manhattan, you will need to petition the New York County Supreme Court.

2. Obtain a request for judicial intervention form. New York courts have a wealth of resources online for unrepresented individuals. Use the court's Web site to find standard forms for court procedures. Select the request for judicial intervention.

3. File the request for intervention form requesting a "special proceeding". You will need to provide an affidavit stating who you are and why you want the deceased's birth certificate. You will also need to physically file the document with the clerk of the particular New York court and pay $95.

4. If you receive the court order, you can then petition the New York Department of Health and Mental Hygiene (for New York city) or the State Department of Health (for the rest of the state) to obtain the birth certificate.

Tips & Warnings

• You may need to provide the deceased relative's death certificate.

• There is no guarantee you will receive a court order. It is up to the judge to determine if you receive the court order. However, there is no other way to obtain a birth certificate in New York for a deceased relative unless you are the deceased relative's parent.

References

• New York Department of Health
• NYC Department of Health and Mental Hygiene
• How to File a Request for Judicial Intervention

Resources

• New York Court Help