birth certificate for nri Archives

What Is a Certificate of Non-Availability?

March 29, 2022 Manoj Sodhani Comments 0 Comment

If an adjustment of the status applicant does not have access to an original or certified copy of his or her birth certificate, he or she must provide alternative proof of birth. (A certificate of non-availability may also be required.) For unregistered births, a certificate of non-availability (NAC) is issued. It is an official document that states that a person’s birth records are not registered. This document can be obtained if a person’s birth event was not recorded in the concerned authority’s Birth Registration Records.

NABC/NAC- Information for you

This certificate is a recognized and admissible document for obtaining approvals on proofs for immigration. It is also utilized for citizenship VISA, PR, Immigration VISA, and workpermit applications. Almost all of the European countries, as well as the entire world, permits work if you have this document.

Without a birth certificate, a child may be denied access to auxiliary services such as health care and education. As youngsters get older, a lack of identification and support will make life more challenging for them. Obtaining an original birth certificate becomes a monumental endeavor if your birth was not formally recorded at the time of birth, which is within 21 days or 30 days of birth. Admission to school or college becomes increasingly tough. Also, to obtain all other documents like a passport, or visa, as well as to assert the right to marry at the legal age, to settle inheritance, and to assert property rights, one requires some proofs. Here comes the certificate of non-availability (NAC), which will assist you in resolving this issue and will make the process of obtaining an authentic birth certificate much easier.

The unregistered birth proof is an official statement saying that a person’s birth record is not available. It’s the legal document that confirms an unregistered birth registration. And until a person has a birth certificate, this paper will meet the need. This paper falls under the category of civil rights.

Why and When is This Doc Required?

If the person does not have a birth certificate, an unregistered proof of birth is required. What if it hasn’t been officially documented? There are certain challenges that may force the concerned authority to reject your request, which can be any of the following:

If the mother’s hospital discharge or birth certificate isn’t available,
The infant was delivered in a hospital or nursing home that has closed
If the date of birth is extremely old,
Your records have been destroyed in a fire disturbance

Required documents in the whole process

Obtaining an affidavit is the first step in obtaining this certificate; however, you may also contact a lawyer for assistance with this process because it takes time and he will make it easier for you by assisting you. Furthermore, you should have the following documents on hand for verification by authority.

Passport copy (Applicant and/or parents)
Parent’s Address proof where the applicant was born
Birth Place Address (Hospital / Home)
Aadhar Cards (Applicant and/or parents)
Voter ID card (Applicant or parents)
10th Class Passing Certificate (Applicant)
Driving license (Applicant)
Affidavit (Necessary but not an exclusive document for the issue of NABC / Birth Certificate

How much time does it take to get this proof?

The time it takes to receive the legitimate birth proof varies depending on the location (City to the City of Birth Place). The processing period ranges from 10 to 30 working days in most cases. If it is received within 21 days after the birth, it is considered timely.

It is available both through service providers and directly.

Along with the affidavit, the person can attach an affidavit, address evidence, and birth proof. It is also based on the documents you submitted from the list of documents required by the Concerned Municipal Body. Also, based on the Concerned Authority’s own rules and regulations, as well as its specific procedure.

Non-Availability Certificate through service providers

Please keep in mind that the documents required and the processing time may vary from city to city, depending on the rules and regulations of the concerned authority as well as the rules and regulations of the particular state’s Registry of Births and Deaths.

After that your service provider will receive all the available documents, they will then submit your documents to the authority in-charge
After completing the requisite formalities your service provider may courier your hard copy of NABC or may hand it to you.

Some of the exceptional conditions

Born in Jail: If the child was born in jail, a letter from the jail in charge is served as confirmation.
Boarding house: If the birth occurred here, a letter from the head of the boarding home issued years ago will suffice as proof to apply to the authority in charge.

How to Get a Birth Certificate in India if not Registered?

March 15, 2022 Manoj Sodhani Comments 0 Comment

If your birth is not registered, it’s the case of unregistered birth. There are hundreds of NRIs and citizens are in the need of birth proof. This is called a birth certificate.

However, parents should get their child’s birth registered within 21 days of the birth. This service is absolutely free during that span. After that, you have to pay a late fee.

In addition, there are conditions like a flood, natural disaster, drowning, or thievery that can make you lose this proof. In this case, also, the bearer won’t have any proof. This would be considered as an unregistered birth by the Municipal Corporation or SDM office. These are two different cases but are treated as unregistered birth.

How to Get a Birth Certificate in India if Not Registered

Here is how one can get a birth certificate.

For those who have not registered ever:
- The person has to visit the nearby municipal corporation (MC), or SDM office.
- Apply for the certificate with the registrar of the MC.
- Show the supporting documents of the birth, as proof.
- Pay the late fee and get a receipt.
- Get it after a week or the day when it is told.
For those who have registered, but lost the proof:
- Visit the MC office or SDM office.
- Get a Non-Availability of Birth Certificate (NABC).
- Fill it up with the correct and valid date, name, and parent’s details.
- Pay the fee.
- This procedure will end up in routing instruction to the MC. The registrar raises a request for finding the old proof. If it’s there, he would find and hand over a copy of the original. It will be original birth proof.
- Else, the applicant has to apply for an affidavit from the A-gazette officer, stating the accurate date of birth, parents’ details, and address. Then, get it attested from the SDM. It will be treated as proof of having no birth proof. The MC will issue a new one upon verifying it.

Checklist of Supporting Documents

These are must-haves for withdrawing your certificate. Here is the checklist of all papers that you must carry along with:

Hospital records/papers having the name of parents and the child, signed by the doctor
School records, as in a School Leaving Certificate, Mark Sheet, Matriculation Certificate, Degree Certificate or 10th/12th Class Certificate
A letter from the School’s head stating the name of the applicant, DoB and place together with the parent’s name on that the letterhead of the principal
State of Federal Census records, like ration card
A church record that bears its seal at the time when Baptism occurred, stating the name, parent’s name, place, and DoB
An adoption decree at the time of adoption
Voter ID Card
PAN Card
Passport (Expired or Current)
Aadhaar Card
Driver Licence

In the second (B) case, the affidavit & form-10 for NABC are also inclusive. It should be drafted by either of the parents or close relatives. This should not be drafted by the applicant himself.

This is a sworn statement, which reads the following details:

Full Name of the Affiant
Address of the Affiant
Date & Place of Birth of the Beneficiary
Relationship with the Beneficiary
A Complete Detail in The Context of Beneficiary’s Birth & Relationship

Upon getting this proof, the NRIs must have to get it registered with the embassy. Some non-residents want to get it officially entered in India’s government record. It is simply because they want their child to be regarded as a citizen of this country.

In their case also, the procedure would be similar. But, they may apply from the embassy.

They have to fill up an application form for placing the request.
Upload the document of the child, as of hospital papers or any other birth proof (as aforesaid in the checklist).
Schedule an appointment with the consul if required.
Then, visit on the scheduled date to verify all documents from there.
Thereafter, the same verification procedure will be carried out the backstage via embassy’s request to MC.

In this case also, the checklist of the documents should be considered. These should have the following valid papers:

Transfer/School leaving/Matriculation certificate from the school last attended or any recognized educational board
PAN Card
E-Aadhaar Card
Voter ID Card
Driving Licence
LIC Policy Bonds
Pension Records

How Can You Go Abroad If You Don’t have Birth Certificate?

November 27, 2020 Manoj Sodhani Comments 0 Comment

If you have a wish somewhere in the deep to go abroad, make sure that you have a birth certificate. It is an important document that can settle down most of the challenges in immigration documentation. Needless to say, you have to show it to the passport authority, UIDAI for aadhaar card and income tax authority for PAN card.

So! How can you get through government procedures with having a birth proof?

Non-Availability of Birth Certificate As Birth Proof

A non-availability of birth certificate (NABC) can resolve this matter. You can have it from Municipal Corporation, which is a civil body to look into this matter. However, its registrar has many other jobs to carry out, such as registration of birth and death, issuing marriage certificate and many more functions.

The NABC is an easy method to get unregistered birth registered in India. This registration should be done within 21 days of the birth. But, some reasons intercept and parents won’t be able to get it done. Keeping this fact into account, the government offers an opportunity to apply for it.

Authorities to Contact for NABC

Under Section 17 of the Registration of Birth and Death Act, 1969, there is a provision to check if or not the registration has been done. A few cases come into limelight for the birth proof being damaged or lost or burnt. In these cases, the applicant can visit these authorities:

Municipal Corporation in Metropolitans

The municipal corporation is set up in every urban area or district for issuing birth and residential proofs. Those NRIs who are born in India, they can provide attorney to their relatives here for getting it.

Para-Medical Staff in Rural Areas

This facility is available for people living in villages. Besides, they can visit Tehsildar at the Taluka level or Gram Panchayat to have it without any hassle.

Indian Embassy for NRIs

Those who are born before 1969, they can get their NABC from Indian Embassy or consulate. It’s a privilege for NRIs to get it easily from there.

Conditions To Apply for NABC

The following conditions are restricted to Delhi. These can have some more additions in the rule-book of some other states.

The person must be a citizen of India or an NRI, carrying proofs about their citizenship.
The person should not have any government issued birth certificate in India.
Parents or relatives can apply for it after one+ year upon the birth of the child. Simply put, there should have a gap of at least one year between birth registration and NABC application.

Checklist of Documents

Like conditions, there are some documents that you should have for supporting your application. These are:

Affidavit
Passport
PAN Card
Ration Card
Aadhaar Card
Voter ID Card
Recognized board certificate
Nursing home/Hospital Report/Vaccination card
Certificate from School signed by Principal on School’s Letter Head
Letter issued by the ‘Jail Incharge’, if he/she was born in the jail.
Letter issued by the head of the Dharmashala/ Boarding house, if he/she took birth in these
Letter issued by the vehicle incharge, if born in the vehicle
Letter issued by the headman of the village/incharge of the local police station, if born in these places
Letter issued by the authorized medical officer of the hospital/ nursing home/maternity ward
Church record where took baptism within two months of birth
Adoption decree, if it is the case of an adopted child & other legal records of judicial proceedings
Statement of two witnesses that can be mother and father, relative, friend, neighbor or sibling

Procedure To Get:

As aforementioned, the applicant should visit the competent authority, be it in the city, village or abroad. Fill the form and enclose the foretold support documents. If you have any confusion, visit the information center to know clearly. Pay fee against services. This is how you can have it for passport and visa to go abroad.

Court Marriage in India Requires Certificate of Being Single

Is Birth Certificate The Only Acceptable Proof for NRC In India?

February 13, 2020 Manoj Sodhani Comments 0 Comment

The acceptance of a National Register of Citizens or NRC bill has created mayhem in India. The activities of vandalism are taking now and then afterwards. The environment is radically chaotic. However, these are some serious issues that you cannot take with blindfolded eyes.

But, this article is basically about the only proof that is acceptable for NRC. It is the birth certificate. The Modi-led government has announced that the birth certificate could be the only boat to sail across the NRC challenge.

IndiaSpend analysis shows that any document related to the date and place of birth is a concrete evidence of citizenship for the National Register of Citizens. The National Family Health Survey (NFHS-4) states that the birth of only three out of five children under the age of five had been registered in 2015-16. This statistics is much improved (i.e. 62.3%) if is compared with these registrations in 2005-06, i.e. 26.9%.

No birth registration was a sort of likelihood before 2005, which has become a norm today to prove your legal identity as a citizen of India. The aforementioned analysis also disclosed that the downtrodden families, especially for scheduled castes and tribes, are more likely to not have it.

More Alternatives to Prove Citizenship:

However, it is contradictory. But, what the Union Home Minister Amit Shah has said sounds different than that of what the Assam government has announced. The latter state government has declaimed any proof of date and place of birth in relation to the NRC is acceptable. The checklist includes-voter cards, passport, Aadhaar card, licences, insurance papers, school leaving certificates and document related to home and land.

On the flip side, the Union Home Minister in an interview on December 20, 2019 had a different saying, which apparently rejected Aadhaar, voter card and passport as a first proof of citizenship. Besides, the parents need not submit any documentation compulsorily.

A reputed human rights lawyer of Guwahati, Assam clarifies that the birth certificate is found one of the most popular linkage document. That’s why it is admissible as per the NRC for children. It is simply because it is the only document of minors that can be linked with parents’ document.

Unregistered births and deaths are a challenge

As of now, the government infrastructure is not conducive to launch NRC, according to Shamika Ravi (director of research at Brookings India) and Mudit Kapoor (an associate professor of economics at the Indian Statistical Institute, ISI, in The Indian Express). If considered the case of Assam, children below 18 do not have voter cards. If they have not been appeared in the Class 10 or 12 board exams, the only document to resort to is the birth certificate. Unfortunately, nearly 40 lakh people did not provide this proof. So, they were left out.

Moreover, the UNICEF has reported in 2019 that India is one of the countries wherein half of the world’s 166 million children live. Nearly 24 million children under 5 did not register their birth. On one side, the registration of Births and Death Act, 1969 mandates registry of every birth and death within 21 days. On the other side, its system named only 84.9% of all births and 79.6% of all deaths in 2017 in the register.

Amidst all these provisions and happenings, the unregistered birth could be legally registered. However, the register could be a census of the Indian Statistical Institute (ISI).

Reasons for unregistered birth

The count of birth registration has been up in 2017, i.e. 84.9%, which was just 76.4% in 2008 as per 2017 Vital Statistics of India based in Civil Registration System report. This rate was mere 56.2% in 2000. The states that topped the rank in the least registries are Uttar Pradesh (61.5%), Bihar (73.7%), Madhya Pradesh (74.6%) and Jammu & Kashmir (78.8%).

The so called reasons were inadequate staff, software glitches and network issues. The true reasons behind this flaw were the unaffordable infrastructure and poverty, which hampers the traveling to the nearest registration centre. Besides, there was no immediate demand pertaining to birth certificate for any social services of the government.

The poverty is another major cause of these unregistered births. The urban areas have 77% of all children who have their birth proofs, whereas only 56.4% of the children in rural areas have it. If you weigh the percentage of the richest wealth group with the poorest wealth group, the difference can make you dumbstruck. It is (82.3%-40.7%) 41.6%, as per NFHS-4.

Caste system and uneducated mother are a few more reasons of this happening.

In the nutshell, the new constitution has alarmed every Indian to register their child’s birth, although they live in India or in abroad. This is why the demand for this certificate is skyrocketing out of the blues.

How to Apply for Changing Name in Birth Certificate in India?

May 30, 2019 Manoj Sodhani Comments 0 Comment

New parents often mistakenly pen down their child’s name on the birth certificate. Most of them do not know that this practice is prohibited. When they go about claiming a government benefit or scheme, the government agencies reject their request. This is why the competent authority discourages this practice of the parents or any other relatives.

There is another scenario, wherein a typo error in the name of the child exists in the birth certificate. And the parents, being inattentive, keep it for a decade or more. But, a small error can lead to rejections in claiming many benefiting schemes and services. For example- your application for a passport can be disqualified.

There is good news for you if your child is above 18. You can place a request for rectifying the error.

So! What should you do?

It is a high time when you require the assistance of an expert advocate or outsourcer. However, you can fill the non-availability certificate for birth. Most probably, you have to repeat the birth certificate application process from the scratch. This is how you can apply for correcting the error in the birth certificate of your child. Here are a few tips to get it rectified:

Steps to apply for changing name in your birth certificate in India:

It’s worth mentioning that the authority of issuing a birth certificate is in the hands of the Municipal Corporation in the cities and Sarpanch in villages. Besides, the paramedical staff also issues a birth certificate.

Apply to Municipal Corporation: Since you need to apply for rectifying the name, you should visit the Municipal Corporation in your area. There,

Write a letter, mentioning the details in your old birth certificate.
Underscore the new details to replace with the old one.
Do write a brief note on why you require that change.

Enclose supporting documents: Your application should enclose some valid proofs to support it. Such documents are called supporting documents. Here is a checklist of those documents:

A notarized affidavit (in case you want the name to be changed)
Deed changing surname (if you want to change the parent’s name)
Hospital discharge certificates (if you want to change the date of birth)
What can you do if your application for changing name is rejected?

Once you submit the application with supporting documents, the registrar will verify. He may or may not approve your request. However, the submission of all valid documents leads to approval. If, due to any reason, your request is disapproved, you can file a petition called “Writ of Mandamus” in the High Court. This petition is filed to seek the reason of rejection by the Registrar.

Publish an ad: If you receive the approval, visit the local newspaper office.

Fill the form of an ad about changing the name.
Pay for publishing a small advertisement under the “public notice”.
Keep three copies of that advertisement with you.

Publish in the official Gazette: This step is a step to legalise your name. So, you have to publish it in the Government Gazette (Official Gazette, Official Journal, Official Newspaper, Official Monitor or Official Bulletin). It is a periodical publication that has been legalized to air public and legal notices. You can approach the State Gazette Office with:

Three photocopies of the change of name application along with supporting documents
Copy of the affidavit
Copy of the newspaper advertisement
Demand draft to pay the requisite fee
Attested passport sized photograph of the applicant
The content to be published in the official gazette

These documents should be self-attested and have the sign of one witness.

Processing Time: As far as the processing time is concerned, you have to wait for two months at least, from the date of application to get it published. Once it is published, pick up the copies of the published Gazette.

How Can NRIs Rectify Incorrect Date in Their Birth Certificate?

November 29, 2018 Manoj Sodhani Comments 0 Comment

The internet is flooded with the suggestions on how to change the date on your birth certificate. I was, also, looking for the same solution. Undoubtedly, forums and websites have certain defined steps. But, when it comes to viability, they seem not-so-concrete. The discrepancies are laid somewhere in the steps. I wanted the NRI solution regarding the birth proof. This want pushed me to keep exploring over and over on the web because my cousin was unable to apply for the study visa due to that error.

Finally, I got the solution. Here is what I got to know and subsequently, executed these steps to rectify incorrect date on the certificate of birth.

How to Rectify Incorrect Date in Your Birth Certificate:

I got this answer in a forum wherein lawyers participate in the online discussion. This fact gave me a push to believe in what they suggest. However, it was tough to pick up the most suitable answer that can help me. But, I tried and emerged a winner at the end.

Visit Municipal Corporation: This is the first step that directs you to visit the Municipal Corporation office nearby your house. In my case, my cousin was a resident of the south Delhi. So, he visited the MCD or Municipal Corporation of Delhi for the date of birth certificate correction legally. It’s the authority that administers this matter, along with many other documentation matters associated with the civilians of that state/union territory.
Apply for correction: The registrar/sub-registrar of the Municipal Corporation holds the responsibility to look into this matter. You should request for the application form to place the request of changing the date of birth. Fill it duly.
Supporting Documents: Now, you should have to prove that your authentic birth date is some other. If you don’t have its documented proof, as it was with my cousin, don’t let the worry put your soul down. Enclose the existing birth certificate with the application form and an affidavit. Besides, attach these documents:

Driving Licence
Passport/PAN Card
Voter ID/Ration Card
Educational Certificate, like School Leaving Certificate
Consent Letter from the hospital where you were born

Note: These documents won’t be necessary to show up because those who are born before 1986 don’t require any proof, except the affidavit. Even, you don’t need to submit the hospital discharge certificate. The sworn-statement would be enough to support on.

Bring an Affidavit: The affidavit is a sworn-document. Take a stamp paper, which costs INR 20 or may vary. Pen down all the changes in that stamp paper that you want to make in the birth proof. The composition of that affidavit should have the incorrect and the correct date in the form of an application. Input the name of your parents (mother and father) together with the address where you took birth.
Notarization: Get it authorized by the notary officer of the court. This is what we call the ‘notarization’. The notary officer signs the affidavit while verifying the requested changes.
Verify with Municipal Corporation: Show the notarized affidavit to the Registrar or Sub-Registrar of the Municipal Corporation.
Issuance: The rectified birth proof will be issued on the very date when you visit the Municipal Corporation. However, you will have to pay certain fee for this service.

This process is more or less similar to the application of the Non-Availability of the Birth certificate or NABC. It’s an alternative document of the birth certificate that is issued in case you don’t have any birth proof.

Bear in the head that this document is vital to apply for the passport and visa. Any mistake in it is considered the discrepancy, which can lead to the rejection of your visa. Even, you will have to present it for the CENOMAR or bachelorhood certificate.

S2NRI

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