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HomeHealth and Safety CodeDiv. 102Pt. 1Ch. 2Art. 2§ 102365 Local Birth Death Records Disposal

§ 102365 Local Birth Death Records Disposal

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 102365 Local Birth Death Records Disposal

This law lets a local office throw away its own copies of birth or death records after two years, but only if the state office has the original and the county office has a copy, and it also lets a city‑only health office give out older records if they are the most accurate one on file.

Key Takeaways

  • •Local registrars can discard their copies after 2 years if the state has the original and the county has a copy.
  • •They need the state registrar’s approval and must do it under the state registrar’s supervision.
  • •If the county doesn’t have a copy, it can accept the state’s copy as a special county record.
  • •A city‑only health jurisdiction can still issue a record older than two years if it’s the most accurate record the state has.

Example

A small town’s registrar keeps a copy of a birth certificate. Two years later, the state’s registrar still has the original, and the county recorder has a copy. The town registrar can destroy its own copy.

Because the state has the original and the county has a copy, the town office can get permission from the state registrar and then get rid of its own copy, following the rule in the law.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 102365 Local Birth Death Records Disposal

(a) Notwithstanding any other law, a local registrar of births and deaths, after two years from the date of registration and with the approval of, and under the supervision of, the State Registrar, shall dispose of the local registrar’s copies of the records, if both of the following exist: (1) The original copies of the records are on file in the office of the State Registrar. (2) Copies of the records are on file in the office of the county recorder. If the county recorder does not have copies of the records, the county recorder may accept the State Registrar’s copies as a special county record of the events. (b) Notwithstanding subdivision (a), a local health jurisdiction that exclusively serves cities may issue a record older than two years if the record issued is the most accurate record on file with the State of California. (Amended by Stats. 2019, Ch. 188, Sec. 1. (AB 1152) Effective January 1, 2020.)

Last verified: January 11, 2026

Key Terms

local registrarState Registrarcounty recorderlocal health jurisdictionmost accurate record

Related Statutes

  • § 102335 Birth Death Certificate Transmission
  • § 102280 Local Registrar Appointment
  • § 102295 Local Registrar Enforcement Duties
  • § 102305 Birth Certificate Review Requirements
  • § 102330 Vital Record Copy Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 102365.
View Official Source