A troublesome admonition appears in bold print on every Pennsylvania death certificate: “WARNING: It is illegal to duplicate this copy by photostat or photograph.” Understandably, that leaves many people administering an estate wondering whether it’s safe to make a simple photocopy for their own files.
Is It Legal to Copy a Death Certificate in Pennsylvania?
No — making a file copy for your own records is not a violation, according to the Pennsylvania Department of Health. In a letter issued in 2005, Charles Hardester, then-Director of the Department’s Division of Vital Records, addressed the faxing and scanning of death certificates directly.
What Pennsylvania Law Actually Says
The warning on the certificate references 28 Pa. Code § 1.44, which states:
“Subject to [certain] penalties […], no person may photograph, photostat, duplicate or issue what purports to be a certified copy, certification or certificate of birth, death or fetal death except for authorized employees of the Department of Health or its local registrars of vital statistics acting in accordance with directives, regulations or law governing their official duties.”
The Department has interpreted this regulation to mean that no one may duplicate an official certified copy of death and attempt to use or distribute that duplicate in lieu of an official certified copy issued by the department or local registrar.
When a File Copy Is Permitted
The Department does recognize the practical necessity of keeping official certified copies as part of an estate’s official file or record. Reproducing a certified copy of death as a file copy is not considered a violation of the regulation, as long as it:
- Remains part of the official file, and
- Is not used or presented in place of a genuine certified copy for legal purposes
A Word of Caution
Anyone receiving a scanned or faxed copy without seeing the original certificate should be aware they may be at risk if that “original” later turns out not to be authentic. When in doubt, verify with the issuing authority.
Need Help with Estate Administration?
When administering an estate, it’s often convenient to provide information from a death certificate by fax, scan, or photocopy — and that’s not a problem as long as you follow these guidelines. Contact Sechler Law Firm if you have questions about estate administration in Pennsylvania.
