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PDF Editor FAQ

Is there any legal way to get birth certificate for an adult in India?

Yes, the birth and death registration act 1969 is having such provision. it says that if any incidence of birth or death has not been registered with Registrar within a period of 365 days from the date of its occurrence, then this can be done with the permission of Residency magistrate that is equivalent to first class magistrate of the area where the birth or death had taken place. You are therefore advised to file a petition to the first class magistrate of that city where you was born and make a prayer for late registration of your birth stating the reason for such late registration and also filing the evidence of your birth in that area citing some affidavits from your parents and some of those persons who were aware of your. Birth on that particular day or certificate issued by Hospital/Maternity Home where you was born. Once such permission is granted to you, apply for birth registration to Registrar of Birth of that area.

I am born before 1989 and I don't have a birth certificate. How can I apply for an Indian passport?

You have stated that you were born before 1989 and that you don't have a birth certificate and that you have a college TC which shows your date of birth.Since you are born before before 1989 it is not mandatory for you to produce your birth certificate for the issuance of a passport to you. Regarding the place of birth that can be covered by furnishing an affidavit to this effect.If you are in a hurry to obtain a passport then you may go ahead and apply for the passport as your College TC will be a proof of your date of birth.If you are not in a hurry and there is no immediate necessity of obtaining a passport immediately, then I would advise you to follow the procedure of getting a late entry made in the birth registration record and obtain a Birth Certificate. If you do this ., it will ease your future matters.You can get the late entry of your birth entered in the official record of the concerned Authorities of Births and Deaths by following the undermentioned procedure.The system may vary from state to state in India. I am writing with a view that you are from India.In Punjab , where I reside ,the procedure is as follows:First of all you shall have to apply for obtaining a copy of your birth certificate in the Suvidha centre of the place of the residence of your father and one application of the same nature in the said office where your mother's parents reside.Since your birth has not been registered you will receive a certificate of non availability of your birth certificate to the effect that the entry of your birth has not been found in both of the above concerned offices.After that obtain a file from the Suvidha centre in respect of making a late entry of your birth.Thereafter you shall have to move an application to the effect that you were born at ........,... on .....,... And that your birth has not been registered in either of the offices of your paternal or maternal addresses. Attach the above certificates with the said application.Prepare an affidavit in support of the above application and after getting the same attested from a notary attach the same with the above application. Submit the said file at the Suvidha centre of the place where you were born.They will give you a date for receiving the answer to your application. During this time period the said office will obtain necessary information as regards your birth and confirm the correct ness of your application by getting reports from a Municipal Commissioner of your area and other necessary information in this respect.When satisfied about the correct ness of your application , the Suvidha centre shall obtain a direction from the concerned Authority directing the concerned office of Births and Deaths to make a late entry in its record to the effect that you were born at ....... Place on ...... along with your parents name and address etc. and on the given date they shall supply you with a birth certificate.The procedure should be the same through out India. Only difference may be the office where you have to get the non availability certificates and which concerned office you shall have to submit your application .As the time which shall be taken for issuing to you one or more certificates of birth will be the same , I am of the view that you should apply for issuing to you more than one certificate of birth , ie. may be five or so certificates as they may be required at many places in your future.You are advised to contact the office of the Municipal Council or the office of the Registrar of Births and Deaths of your birth place for better guidance as procedure and concerned offices may vary from state to state under its rules.

For very senior citizens, who don't have a birth certificate, can the Government not issue an alternate birth certificate based on an application supported by an affidavit certifying the date and place mentioned in the Aadhaar Card, or Passport?

This question seems to be a bit old, but popped up in my feed today. Having been associated with Birth and Deaths Registration system in the country, I could not resist answering it, especially because I found that some answers contain misleading information.Let me say in the outset that I am also one without a birth certificate. Being the eldest child, and born at my mother’s place that is near Kottayam, I was somehow under the impression that I was born in a hospital. However, when the birth death registrations in Kerala were put on the website, I found that there is no birth registered with my date of birth. Then I asked my mother and she said that I was born at home. As I was born in 1955, after the enactment of the Travancore -Cochin law that made birth and death registration compulsory in that state, I thought it should have been registered. But it was not. As my parents wanted to send me to school earlier I was given a date of birth in 1954 May (31st May being the cut off date for age for school admissions in Kerala). So I have a date of birth at home for which I do not have any proof and another one on the records that I believe is incorrect.The Registration of Births and Deaths Act, 1969 (RBD Act) was implemented from April 1970. This made it mandatory to register all births and deaths across the country. There were laws in many areas of the country that made registration compulsory, but they were not uniform and did not cover the entire country. That is why most of the very senior citizens of today (2020) find that they do not have a birth certificate. As many states did not give any importance to this law, level of birth registration improved very slowly and alternate documents were being accepted as proof of date of birth.I would like to mention an incident here. I was accompanying the Registrar General,, India (RGI) during a visit to Hosur Municipality and some nearby Panchayat in 2002 or 2003. At the village we were discussing about the use of birth certificates for school admission. The Headmaster of the school was frank. He said that if he insists on birth certificates, then he may not have any students to be admitted. RGI asked him how he know that the child is of six years. He said that if the child can hold his left ear with the right hand taken behind the head or the right ear with left hand, then the child should be about six years. He also said that he assigns the dates of birth to the children in such a manner they do not bunch together in a particular period. Now consider this information in the background that most of births were being registered in Tamil Nadu even then. The issue was that the bureaucracy had made it difficult to get the birth certificate. No what does the 10th certificate of those children prove? Does their passport or Aadhaar card prove their date of birth, if they were made based on the school records? The system has ensured that at least some of these children may face problems in the future.Let me also mention another incident. A person from Bihar once met me. He said he needed birth certificate get visa to some country. As the birth was not registered, he got it registered under the provisions of the RBD Act. However, during the document verification, the Embassy noticed that his name in the birth certificate is ‘AAAA’ while his name was changed to ‘AAAA” from ‘BBBB’ while he was in school. They asked him how he has a birth certificate with a name that was not yet given to him. Now, since a quasi judicial process has been gone through, no one in the state was ready to do anything. I could not help him. This is just to show the importance attached to birth certificate in some countries.Now coming to the proper question. Can the Government not issue an alternate birth certificate based on an application supported by an affidavit certifying the date and place mentioned in the Aadhaar Card, or Passport?There are two views discussed in the answers present here.The available documents like Aadhaar card, 10th certificate, etc. provide enough proof.Everyone senior citizen does not require a birth certificate. Those who require can go through the required procedure.Providing a birth certificate needs a birth registration as what is being called ‘Birth Certificate’ is a certified extract of the Birth Register. Section 13(3) of the RBD Act lays down the procedure for registering a birth that has not been registered within one year of birth.“Any birth or death which has not been registered within one year of its occurrence, shall be registered only on an order made by a magistrate of the first class or a Presidency Magistrate after verifying the correctness of the birth or death and on payment of the prescribed fee”As the provisions stand, neither the central nor the state governments can order registration of a birth without following the the procedure laid down under this section. As per legal view, the Executive can not lay down guidelines on how the Magistrate should decide as it would interfere with his discretionary power.There is also an opinion indicated that UIDAI intends Aahaar to used as proof for every possible thing. Well, it is fine provided, date of birth is based on a birth certificate. It is not so. Same is the problem with passport. Initially govt had issued orders that birth certificate is compulsory for issue of passport for those born after 1986. However, now, in the name of making it easier for citizens, they have started accepting any govt document with date of birth. This would create problems for those trying to immigrate to the countries requiring a birth certificate as primary proof of date of birth, if their date of birth in birth certificate and school records/ Aadhaar are different.Of late we have been seeing advertisements in the newspaper about people changing date of birth through an affidavit made before a Notary. This is totally unacceptable a method for a vital information. See https://www.tribuneindia.com/news/comment/standard-system-needed-to-check-identity-fraud-129125Now my take on the two views mentioned above.The available documents like Aadhaar card, 10th certificate, etc. provide enough proof: This is not an acceptable argument as long as Aadhaar School admission, etc., are not based on birth certificate. Note that birth register is the first legal document having the particulars of a child. As indicated earlier, even when a birth registration exist, the school can have a different date of birth. Schools can not insist on birth certificate beyond a point, as not admitting a child will violate its right to education. Several times it was suggested to states that a system be put in place to admit the children and date of birth be entered only after getting the birth certificate for which the state should help the parents.Even when birth certificates are available there are disputes about date of birth. I recall a case mentioned to me by the Chief Registrar’s office in Kerala. One person in govt service claims that his date of birth is wrong as his elder brother’s birth certificate has been used. (Birth registrations can be done in India without name of the child). The elder brother has died according to him. The private opinion expressed is that he wanted to show a lower age to continue in govt service.My opinion is that one can not put aside the importance of birth registration and birth certificate.Everyone senior citizen does not require a birth certificate. Those who require can go through the required procedure: This is a practical opinion. However, in case of those seniors who may require a birth certificate as Goplakrishna Vishwanath, mentioned in his own case, there should be some way of getting this done without too much hassle. However, one can not avoid the provisions of Section 13(3) of the RBD Act.I would like to mention here two things. For those who born before 1970 and were applying for US immigrant Visa, a certificate used to be issued that the birth registration was not compulsory in many parts of India and this particular birth may not have been registered. The certificate was issued to those who produce a non availability certificate. The US consulate used to accept that. The systems may have become more stringent post 9/11.Getting a non availability certificate is not difficult. It is provided for in the rules framed under the RBD Act. The section 17 (1)of the Act says,“Subject to any rules made in this behalf by the State Government, including rules relating to the payment of fees and postal charges, any person may--(a) cause a search to be made by the Registrar for any entry in a register of births and deaths; and(b) obtain an extract from such register relating to any birth or death”The non availability certificate is to convey the result of the search in case a particular record could not be located. One should search the records for more than a year as registration could have taken place late also. there is a fee for search and issue of the certificate. In case of Kerala, one can search the birth registrations himself/herself at SevanaCivilRegistrations Similar facilities are available at some other places also.

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