- https://www.indiacode.nic.in/bitstream/123456789/11674/1/the_registration_of_births_and_deaths_act%2C_1969.pdf
- https://www.uidai.gov.in/images/commdoc/valid_documents_list.pdf
Summary
An accurate date of birth on a birth certificate is of paramount importance, as this document serves as the primary proof of age and identity. Errors in this foundational document can lead to significant issues in academic, professional, and legal matters. The process to change the birthdate on a birth certificate in India is a formal procedure that requires applying to the relevant municipal authority. A key component of this process is the affidavit for correction of date of birth, a sworn legal statement that initiates the rectification of the date of birth.
Date of Birth Correction in Birth Certificate - Quick Info
This table provides a consolidated overview of the key aspects of the legal process for a birth certificate date of birth change, offering a quick reference for applicants.
Recommended Reading
| Aspect | Details |
|---|---|
| Who Can Apply | Any adult or the parents/legal guardians of any minor |
| Where to Apply | Registrar of Births and Deaths Office at the local Municipal Corporation |
| Key Documents | Original Birth Certificate, Notarised Affidavit for date of proof, School Records, Photo ID Proof. |
| Processing Time | From a few weeks to a couple of months |
| Correction Type | Can range from minor clerical error correction to significant changes in the date, month, or year. |
| Legal Instrument | The primary legal instrument to initiate the process is a notarised affidavit. |
Legal Framework for DOB Correction in Birth Certificate
The process for the correction in a date of birth certificate is governed by the Registration of Births and Deaths Act, 1969, and the rules framed by the respective State Governments. The authority to make any changes rests with the Registrar of Births and Deaths. For significant changes, the Registrar may require an order from a Sub-Divisional Magistrate (SDM) or a First Class Magistrate to authorise the correction, ensuring the process is legally sound and prevents fraudulent alterations. [1]
Documents Required for Date of Birth Correction
To complete the name change procedure for a minor, a specific set of documents must be compiled for submission to the Department of Publication. [2]
- Minor's Birth Certificate with two passport-size photos.
- Marriage Certificate of Parents:
- Name Change Affidavit and a properly filled application form.
- The original copies of the name change advertisements from two newspapers.
- A compact disc (CD) containing a soft copy of the application proforma.
- A formal request letter addressed to the Controller of Publications.
Step-by-Step Process to Correct the Date of Birth on the Birth Certificate
The date of birth certificate correction online or offline follows a structured legal procedure. Each step must be completed meticulously to ensure the rectification is officially recorded.
- Step 1: The first step is to prepare an affidavit for the wrong date of birth on a non-judicial stamp paper by the applicant (or their parents). It must clearly state the incorrect date of birth as recorded, the actual correct date of birth, and a detailed explanation of why the error occurred. This affidavit must then be signed in the presence of a Notary Public and attested with their official seal.
- Step 2: Compile all the documents that prove the correct date of birth. School certificates, especially the 10th-grade certificate, hospital records, and Aadhaar card, are considered strong proof.
- Step 3: Visit the office of the Registrar of Births and Deaths in the Municipal Corporation where the birth date was registered. Submit the formal application along with the original birth certificate, the notarised affidavit, and self-attested copies of all supporting documents.
- Step 4: The Registrar's office will conduct a thorough verification of the application and the submitted documents. They will cross-reference the information with their own records. This stage can take several weeks.
- Step 5: For significant changes or if the Registrar is not fully satisfied, you may be required to obtain a declarative order from a First Class Magistrate. This involves filing a petition in the court, which will then pass an order directing the Registrar to correct.
- Step 6: A new or updated birth certificate with the correct date of birth will then be issued to the applicant once the verification is complete and the request is approved (either by the Registrar directly or based on a court order).
Reasons for Date of Birth Correction
The need for a birth certificate date change can arise from several common issues, most of which are unintentional errors.
- Clerical or Typographical Errors: Simple mistakes made by the registering authority or hospital staff at the time of recording the birth.
- Discrepancies Across Documents: When the date of birth on the birth certificate does not match other important documents like the school leaving certificate or passport.
- Late Birth Registration: Errors often occur when a birth is registered after a significant delay, leading to incorrect dates being provided from memory.
- Incomplete Information Provided: In some cases, parents may not have had the exact documents at the time of registration, leading to an approximate date being recorded.
- Legal and Administrative Requirements: The need to have a consistent date of birth across all documents for legal matters like inheritance, employment, or immigration.
Types of Corrections in a Birth Certificate
Corrections in a birth certificate can be categorised based on their complexity. The date of birth name correction process also follows similar rules.
- Minor Corrections: Minor spelling mistakes in the name or a small typographical error in the date (e.g., changing '12' to '13'). These are generally easier to process and may not require a court order.
- Major Corrections: Significant change in the date of birth, such as altering the month or the year. Such corrections have a higher burden of proof and almost always require a declaratory court order from a magistrate.
- Addition of Name: In cases where a child's name was not registered at the time of birth, a separate process exists to add the name to the certificate. This is generally simpler than a correction.
How Can NoBroker’s Affidavit Services Help?
The affidavit for correction of date of birth is the foundational legal document required to initiate the entire process. Any error in this document can lead to the rejection of your application. NoBroker’s e-notary and affidavit can help you draft a precise and legally compliant affidavit, print it on the correct value stamp paper, and get it notarised. Our experts ensure your affidavit is prepared correctly, providing a strong and error-free start to your change of birthdate in the birth certificate procedure.
