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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

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.

Applying for Passport This Christmas? Birth Certificate Not Required

December 22, 2017 Manoj Sodhani Comments 0 Comment

The passport rule carved in 1980 states that the Indian born on or after 26/01/1989 had to have a birth certificate (BC) from the Municipal Corporation (MC). This was the provision before July 2017. This rule of immigration was amended.

If you’re likely to apply for the Indian passport on this Christmas, you’d need a host of any of these documents:

Aadhaar Card or PAN card (if you’re born before 26/01.1989)
Transfer documents issued by school
School Leaving Certificate issued by school
Matriculation Certificate issued by the educational board

(These three documents contain the date of birth of the applicant. So, the passport authority accepts any of them as an alternative of the birth certificate)

LIC policy bonds
Driving Licence
Voter ID Card

Documents no longer required:

Divorce Decree (if you’re divorced)
Adoption Certificate (if you’re adopted)
Birth certificate (if you’re born before 1989)

Passport Authority Accepts BC Issued By MC:

It’s noteworthy that the passport authority requires birth proof. If you’re annexing the Municipal Corporation drawn birth proof, it would be acceptable. Otherwise, it rejects the same if issued from the hospital or any other authority.

If you’re an NRI (Non-resident of India), you would be equally eligible for getting Aadhaar Card as any other locale. As aforementioned, it would be acceptable. Therefore, you can take it as a good alternative document to apply for the passport from abroad.

If you’ve any suspicion over this amendment, go through the Aadhaar Act 2016. It goes that an NRI who lived here for the duration 182 days or a year immediately prior to the date of application, can apply for Aadhaar. Otherwise, they will not be eligible for this card. Then, such applicants have to apply for the birth certificate in India from MC.

The Aadhaar number is a unique identification code of 12-alphanumeric digits. The Unique Identification Authority of India (UIDAI) holds end to end responsibility of issuing the unique identification number. The applicant can apply either online or offline.

He/she needs to follow these steps to get it:

Click and visit this website: uidai.gov.in
Fill the form online.
Download and save.
Take its print out.
Check the nearest enrolment center.
Fix the date of appointment for the in-person visit.
Visit the center along with these documents:

Resident proof
Birth certificate
PAN Card
Aadhaar Card Application form

You would be ready to scan your fingerprints and iris. The official at the UIDAI would ask for the biometric details. Once your application would be verified, the enrollment would be done. The official will deliver an acknowledgement slip. This slip would have scripted enrollment number. Subsequently, you can track its status online by inputting that enrollment number.

S2NRI

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