How do get a Court Order in NYC to obtain a Birth Cert?

[mfiumano]

Hi,

I'm a bit stuck. I need Birth Certificates for both my Father and Grand Father. They were both born in a borough of NYC. They are both deceased. I have their Death Certificates.

Neither VitalChek nor the NYC Office of Vital Records will issue their Birth Certificates because I am not my Father, Grandfather, or their parents

They were both born post 1910, so I need to go through the Office of Vital Records.

My next step required is to get a court order from NYC permiting VitalCheck or the NYC Vital Stats to issue me the Birth Certificates.

Has anyone ever done this? Does anyone know how to do this or can point me in the direction of more information on what to do to accomplish this so NYC will issue me these Birth Certificates?

I've really hit a brick wall, and can't find any additional information on what I need to do next.

Thanks,
Michael Fiumano

[Eleven]

Have you tried the NYC Municipal Archives?
Go here:

http://www.nyc.gov/html/records/html/ab ... ives.shtml

(oops, nevermind, I just reread what you said. These records are before 1910. Sorry.)

[johnnyonthespot]

This might help: http://www.ehow.com/how_5503599_obtain- ... -york.html

[JPMessina44]

Correct me I am wrong, I am also going thru NYC for death and birth records, but they said if you have proof of ID and their death certificate, it is no issue obtaining birth certificates.

In order to get their death, you had to prove you are an immediate family member (which obviously you did.)

I'm not sure where you are but can you hand walk these documents thru the Vital office and skip going thru Vitalchek. I spoke to Department of Health and Mental Hygeiene multiple times, and they all confirmed that if I have death and a proper proof of ID, I'll have No problem obtaining these documents.

I did this for my grandfather who passed away in 1996. I had his death certificate, ID, marriage certificate, went into their Worth Street office and got the birth certificate with no issues?

[johnnyonthespot]

Correct me I am wrong, I am also going thru NYC for death and birth records, but they said if you have proof of ID and their death certificate, it is no issue obtaining birth certificates.

In order to get their death, you had to prove you are an immediate family member (which obviously you did.)

I'm not sure where you are but can you hand walk these documents thru the Vital office and skip going thru Vitalchek. I spoke to Department of Health and Mental Hygeiene multiple times, and they all confirmed that if I have death and a proper proof of ID, I'll have No problem obtaining these documents.

I did this for my grandfather who passed away in 1996. I had his death certificate, ID, marriage certificate, went into their Worth Street office and got the birth certificate with no issues?

JP, when was he born? The rules appear to be different for pre-1910 births vs those 1910 and later. Also, I am not certain about this, but it looks like NYC may have recently tightened up the rules to bring them in line with those of New York State...

[JPMessina44]

My gpa was was born in 1927. Died 1996.

If I read Michael's original question correctly, he said born post 1910, which would mean after 1910.

If he did in fact mean after 1910, he shouldn't have an issue obtaining the birth records using the death records. (I just did this probably no more than 3 weeks ago.) * Unless the rules changed within the last month, that IDK?

[johnnyonthespot]

I note that the printed application form ( http://www.nyc.gov/html/doh/downloads/pdf/vr/birth1.pdf ) states, "You can obtain a birth certificate for yourself if you are at least 18 years old, or for your child, with current identification." The form was recently revised (11/10), so perhaps the rules have indeed changed.

Another possibility is that there is an unwritten rule (well, I can't find it anywhere) which allows for presenting a death certificate as you mentioned. Seems like the original poster should inquire about that.

[JPMessina44]

I'm not sure, that's how I did it and it wasn't questioned by the Department. I would definitely try that method or the original poster should call the department and ask this directly, to play it safe. Perhaps the rules did change recently.

Especially if the only other option is court order, i'd try to avoid that at all costs.

[sforza]

FYI: I just received a certified, exemplified copy of my GF's 1914 birth cert from the NYC DHMH Office of Vital Records. I submitted a copy of my GF's NYC death certificate (they said the social security # would also do) and a copy of my ID along with the application. On the application, I noted I was seeking Italian dual citizenship and listed my relationship as granddaughter.