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What Is a Certificate of Non-Availability?

What Is a Certificate of Non-Availability?

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.

What is Non-Availability of Birth Certificate & How to Apply?

What is Non-Availability of Birth Certificate & How to Apply?

Also called NABC, the non-availability of birth certificate is an alternative document used as a birth proof in case you have lost the original one or yours is an unregistered birth in India.

Being a legal document, the municipal corporation, surpanch of gram panchayat or para-medical doctors or staff can issue the birth certificate. If yours is registered and the proof is physically damaged, you can apply for it from the civil body called the municipal corporation. Its registrar will issue non-availability of birth certificate (NABC), provided that you have some other proofs of your birth. In village, the para-medical staff or surpanch issues it.

What if yours is unregistered birth?

The unregistered birth has a specific condition to get registered. The applicant has to request to the SDM or any other A-gazette officer in India to write a sworn statement, stating his/her name, address and then, attest it with the stamp and signature.

Then, a request is raised to the registrar of the Municipal Corporation to issue the NABC. This governing agency should be located where the birth took place.

Circumstantial documents needed

  • For birth taken place in hospital:

If the applicant was born in any hospital or nursing home, the zonal MC office is the competent person to raise a request with.

  • For birth taken place in vehicle:

If the applicant was born in the moving vehicle, the place where the delivery took place would be the place where the request should be raised with the Municipal Corporation of the area.

  • For birth take place at home:

The vaccination centre near where the applicant’s home is the ideal place to apply for this certificate.

  • For birth take place in jail:

If your birth place is a specific jail, the jailer or incharge of the jail would issue the proof to show to the Municipal Corporation.

How to apply?

  • Directly from the Municipal Corporation
  1. For this, you need to directly visit the respective district or place of the birth. Consider the aforementioned conditions if you have any kind of confusion in where to get it from.
  2. Place a request with the Health Officer or Registrar at the registration office. The registrar may provide an application form to fill up.
  3. Alternatively, he/she may be issued an affidavit on the letterhead of the gazette officer. Consider the aforementioned information about the grade of the officer.

What does the affidavit look like?

The affidavit should be drafted on the stamp paper, which is worth INR 20 or more.

  • Make sure that it has been drafted in front of the gazette officer or the magistrate.
  • It reads the name of the beneficiary as an affiant.
  • It should also read the name of parents or relative, whosoever is referred as an evidence of the birth.
  • Make sure that the location of the birth should be rightly mentioned.
  • The format of the date should look like this- MM/DD/YYYY.
  • At the end, the signing authority will mark its stamp while mentioning the designation.

Checklist of other supporting documents
These are grouped under two categories:

  • Primary-damaged copy of the birth if yours is the case of damaged birth certificate
  • Secondary- this is the case of unregistered birth. For this, you need to enclose the unique affidavit of the affiant issued by the sub-divisional magistrate or magistrate, affidavit of parents or witnesses and address proofs, adhaar cars, driving licence or voter id, and adoption paper if the applicant is stepped.

Besides, the letters issued by the particular incharge, as mentioned above would also be needed. So, always check the list of all supporting documents before visiting the authority.

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

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

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.

  1. 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.
  1. 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.

  1. 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.
  1. 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.

  1. 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 Your Parents Can Register Birth for US Citizenship?

How Your Parents Can Register Birth for US Citizenship?

Several NRIs (non-residents of India) are willing to take their parents along with them in the residence country. But some documentation works cause disruption.

Let’s say, my mother doesn’t have a birth certificate. Her birth stayed unregistered erstwhile. Now, I want her to settle with me in the US. It can’t be possible until and unless she would have the birth certificate. Undoubtedly, this document completes the major requirements.

Therefore, I’ve researched and found some concrete solutions to get rid of this trouble. This blog will let you know how you can get non-availability of birth certificate (NABC).

Wondering why I am talking about NABC, but not about the birth certificate?

Actually, you can’t apply for birth certificate after one year of birth directly from the Municipal Corporation office. Despite being a competent authority, it can’t go against the standard rule of the government. But there is another way. You can apply for the NABC to register the unregistered birth in India.

What is the US Citizenship?

The process of acquiring the US citizenship by the expats as per the Congress in the Immigration & Nationality Act (INA) is called the US Citizenship. This process requires several formalities and conditions to fulfill. Once they are all done, the foreigner achieves the citizenship of the USA.

One of its major requirements for the documentation is the birth certificate. Therefore, the parents should apply for the unregistered birth certificate.

How can you get non-availability of birth certificate (NABC)?  

  1. Visit the site of the District Municipal Corporation (MC).
  2. Get registered with the site.
  3. Login to get an easy access of the birth certificate/affidavit.
  4. Download the form/affidavit.
  5. Fill all the requisite details, like father & mother’s name, date of birth, location, address, witnesses and so on.
  6. Enclose the following documents’ scanned copy:
  • School records, like School Certificate, Mark Sheet and so on.
  • State of Federal Census Record, like Ration Card with the scripted name of the children & spouse.
  • Church record (if the baptism is occurred in the church).
  • Adoption decree (if the person is adopted by someone).
  • Voter card
  • Driving Licence
  • PAN Card
  • Passport (Both surrendered & current, if any)
  • Affidavit of the two witnesses who can be any of the parents or relatives but would have been 10+ years of age when they witnessed the birth of the applicant.
  • The affidavit statement should have correctly filled all details.
  1. After enclosing the document, you need to pay the service charge online.
  2. Then, download the receipt for further reference.

Meanwhile, the verification will go on. And afterwards, the NABC will be initialized within a month. But for expats or NRIs, it can take 15 days at least.

Alternatively, you can directly visit the district MC office. File a plea for registering the unregistered birth. You can enclose all the above said documents with the application form. They would be considered as a secondary evidence of the birth.

Besides all these, you may need to enclose the photocopy of these:

  • Letter of the jail in-charge (if born in the jail)
  • Letter of the health officer (if vaccinated in the nearby dispensary & born at home)
  • Letter of the doctor (if born in the hospital)
  • Letter of the Sarpanch (if born in the village)
  • Letter of the vehicle In-charge (if born in the moving vehicle)
  • Letter of the head of the Dharamshala (if born there).

Once you accomplish all such form filling, appending the requisite documents, you can pay the service charge. The Registrar will call you for the verification. Visit with the original supporting documents. Get the birth proof. Subsequently, you can apply for the US citizenship certificate easily.

How to Get Non Availability of Birth Certificate for Passport in India?

How to Get Non Availability of Birth Certificate for Passport in India?

Non-availability of birth certificate (NABC) is a legal proof that can help you to apply for the birth certificate with competent authority in India. It is basically issued in case your birth is unregistered or you have lost your birth proof or it has been drowned and damaged.

Apply Online with Municipal Corporation for Passport

  • Get registered with the official website of MC of the state where the applicant was born, like http://edistrict.delhigovt.nic.in/in/en/Public/ApplicationForm.html.
  • Registration requires you to have a voter ID card or Adhaar card. Once get registered, login to access the services.
  • Download the form given under “Issuance of delayed birth order” as a doc file.
  • Fill the form while providing authentic information.
  • Scan the supporting documents as given below to upload.
  • Pay & submit the completed form.
  • Pay online if it seems feasible.
  • Save the receipt number, which would be auto generated to look into the status update later.

Visit Municipal Corporation in India-an Offline Method

The person can visit the respective municipal corporation office where you live.
Make a request: The person should make a request to the Health Officer or Registrar at the registration office. The registrar may provide a prescribed printed application form to fill. Alternatively, he/she may issue an affidavit on his/her letterhead.

This replica of Municipal Corporation of Delhi’s affidavit would give you the exact idea of how it looks. Although its format and content may differ in looks yet all affidavits iterate the similar meaning.

Here is the checklist of the documents that you should have to apply for the Non-availability of birth certificate in India: 

  1. To be Submitted to Local Competent Authority
  • Damaged original birth certificate
  • A letter by the ‘Jail Incharge’, if born in the jail
  • A letter by the head of the Dharmashala/ Boarding house, if born there years ago
  • A letter by the vehicle incharge, if born in the vehicle
  • A letter by the headman of the village/incharge of the local police station, if found deserted in a public place
  • A letter by the authorized medical officer of the hospital/ nursing home/maternity ward where born
  • School records, like school leaving certificate, mark sheets, matriculation certificate, degree certificate, 12thor 10thclass certificate having the name & date of birth of the candidate
  • State of federal Census record, like ration card, with the name of the child and parents
  • Church record where took baptism within two months of birth. It should state the date of birth, date of religious ceremony and the name of his/her parents.
  • Adoption decree, if adopted child & other legal records
  • Voter card
  • Driving licence
  • PAN card
  • Passport (current and surrendered)
  • An affidavit or a sworn statement of two witnesses (that can be mother and father, relative, friend, neighbour or sibling who would be 10 years old or more at the time of petitioner’s birth)
  1. To Be Submitted to The Consulate

Non availability of birth certificate is issued to those citizens of India who have their passport in original and who took birth in India before 2nd June 1969.

  • Photocopy & original copy of passport
  • Notarized copy of birth proofs (as aforementioned)

You should ensure that notarized copy is legible. The Consulate may ask to see the original for verification. However, the passport should be presented in original.

Visit The Consulate Office-for NRIs

  • Unlike taking appointment, directly visit the office in between 9 am and 12 noon.
  • Get all supporting documents verified, like birth certificate or death certificate, affidavits, diplomas, educational certificates and marriage certificate.
  • Get them apostilled under the “Legalizationof Documents” at http://www.mea.gov.in
    The competent authority reserves right to reject attesting your documents that are not in compliance with the rules.

Fee To Pay

  • To Consul-Non-Refundable Fee of $25 + $2 (for Indian Community Welfare Fee)/ attestation
  • To Municipal Corporation-as per state government

Delivery Time

In embassy, it can be issued in a day. But, Municipal Corporation may take a week to a month.

FAQs

What is NABC or Non-Availability of Birth Certificate?

The non-availability of birth certificate refers to the legally acceptable proof of birth, issued by the civil body called Municipal Corporation in India.

What is its use?

NABC may be used as an alternative of the birth certificate. The registrar of the municipal corporation issues it for administering the case of unregistered birth.

However, it is valuable if your original birth proof is not there. It may be damaged, torn, drenched or burnt due to some uncertain conditions. In these cases, you can apply for NABC and use it for getting passport, visa or any other facilities of the government.

How do I get my birth certificate if it is not registered?

Unregistered birth is the case when your birth has not been registered with the registrar of the Municipal Corporation, Gram Sabha or any other civic body delegated to look into the birth and death registrations.

However, you have to register the birth within 21 days upon the event, as it’s a free service. Afterwards, you have to pay penalty for late registration.

The procedure remains the same if you apply in one year. You need to fill up the form, mentioning the date, time, place, address and parents name in it. The registrar charges late fee, which varies in every state. Upon that, you get receipt. After one or two weeks, you can get it from there.

After one year, it is way more difficult as you have to get an affidavit. It should be attested by the Grade A Gazette officer. This document should read applicant as a beneficiary and signing affiants as a deponent.  Enclose the primary and secondary evidences of birth.

What are primary evidences?

The primary evidence is the original yet damaged birth certificate.

What are secondary evidences for the NABC?

Secondary proofs are needed if there is no primary proof. Here is the list of all of these:

  • Letter issued by the ‘Jail Incharge’, if born in the jail
  • Letter issued by the head of the Dharmashala/ Boarding house, if born there
  • 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 a public place
  • Letter issued by the authorized medical officer of the hospital/ nursing home/maternity ward
  • School records, like school leaving certificate, mark sheets, matriculation certificate, degree certificate, 12thor 10thclass certificate having the name & date of birth of the petitioner
  • State of federal Census record, like ration card, with the name of the child and parents
  • Church record where he/she took baptism within two months of birth, stating the date of birth, date of religious ceremony and the name of his/her parents
  • Adoption decree, if adopted child & other legal records of judicial proceedings
  • Voter card/Driving licence/PAN card
  • Passport (current and surrendered)
  • Statement of two witnesses (that can be mother and father, relative, friend, neighbor or sibling who would be 10 years old or more at the time of petitioner’s birth)

How do you get birth certificate without proof after many years?

It’s easy. Being in India, you can contact registrar in the Municipal Corporation or gram panchayat. Get an affidavit from the Gazette officer and notarize it. Show up proofs, primary or secondary (evidences) as aforementioned. Fill up the Form-10 for non-availability.

As an NRI, you can appoint an attorney to apply on your behalf. Here, you can also apply with the consulate provided that you have primary or secondary evidences.

What happens if you don’t have a birth certificate for a green card?

If you don’t have it, get NABC from the municipal corporation. An SDM officer or District Magistrate can also sign an affidavit upon verifying the date, place, parents and other details of the person.

This proof is valid. Otherwise, your application for the adjustment of status (form I-485) would be put on hold. You won’t be able to travel abroad for tourism or work.

Is birth certificate required for green card?

Yes, it is required, as the consular processing sticks around it. You have to show up the original proof.

What should I do if I lose my birth certificate in India?

You have an option to apply for NABC from consular office. Or, you can appoint a power of attorney to get it from where you belong to in India. Enclose all necessary documents to support. It will be issued in a few weeks.

You can also apply online from the website of the state’s municipal corporation, enclosing all necessary documents.

Can I get birth certificate from another state India?

No, you cannot do this as it is illegal.

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