- https://www.indiacode.nic.in/bitstream/123456789/11674/1/the_registration_of_births_and_deaths_act%2C_1969.pdf
- https://ejanma.karnataka.gov.in/#:~:
Summary
Correct details on a birth certificate hold legal and practical importance throughout life. Errors in the date of birth often create issues during school admissions, passport applications, and job verification. To Change the Birthdate on the Birth Certificate in India. You need to follow a structured process handled by the Registrar of Births and Deaths. The procedure requires an affidavit, supporting records, and approval from the relevant authority. Complex cases may also involve a Magistrate's order for final correction.[1]
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 above 18 years of age 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. |
How to Find Your Office?
- Identify Your Area: Determine whether your location falls under a specific Municipal Corporation (e.g., BBMP for Bengaluru) or another local body.
- Check Online: Visit the official website for your local Municipal Corporation or state's birth/death registration portal (e.g., eJanMa).
- Search: Look for "Birth & Death Registration," "Health Officer," or "Citizen Services" on the site to find contact details or online application links. [2]
Legal Framework for DOB Correction in Birth Certificate
The legal process for correcting a date of birth in India follows clear statutory rules. Authorities rely on central legislation and judicial oversight to ensure the accuracy of public records.
- The Registration of Births and Deaths Act 1969 serves as the primary law governing birth certificate records across India. This Act empowers local authorities to record, verify, and correct birth-related details.[1]
- The Registrar of Births and Deaths acts as the first-level authority. The Registrar examines applications, verifies documents, and approves minor corrections such as clerical or typographical errors.
- Minor corrections include small numeric mistakes in the date or formatting issues. These cases usually require documentary proof without court involvement.
- Major date changes involve alteration of the month or year of birth. Such changes carry legal implications and require higher scrutiny.
- A declaratory order from a Sub Divisional Magistrate or First Class Magistrate becomes mandatory for major corrections. This judicial order authorises the Registrar to update official records.
- The Magistrate review ensures legal authenticity, prevents misuse, and protects the integrity of government-maintained birth records.
Note: This legal framework ensures that dob corrections in the birth certificate are authentic and prevents the misuse of public records.
Documents Required for Date of Birth Change in Birth Certificate
To request a date of birth change in a birth certificate, you must submit specific documents for verification. These documents help the Registrar confirm the correct information. Requirements may vary slightly by state.
- Minor Birth Certificate: The minor's original birth certificate serves as the primary proof of birth details. Authorities also require two recent passport-sized photographs for record matching.
- Marriage Certificate of Parents: The marriage certificate establishes the legal relationship of the parents and supports the authenticity of the correction request.
- Affidavit for Date of Birth Correction: A notarised affidavit must clearly state the incorrect and correct date of birth, along with a valid reason for correction. A correctly filled application form must accompany the affidavit.
- Newspaper Advertisement Copies: Original copies of correction notices published in two newspapers, one English and one vernacular, provide public disclosure as required under official
- Compact Disc with Application Proforma: A compact disc containing the soft copy of the prescribed application format supports the authority's digital record processing.
- Formal Request Letter: A signed request letter addressed to the Controller of Publications must clearly explain the purpose of the correction and reference the enclosed documents.
Note: The Department of Publication may request additional records based on case complexity and applicable government rules.
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.
- Prepare Affidavit: The applicant (or their parents) must prepare an affidavit regarding the wrong date of birth on non-judicial stamp paper. 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. The affidavit must be signed in the presence of a Notary Public and attested with their official seal.
- Compile Documents: 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.
- Submit to Registrar: 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.
- Verification: 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.
- Magistrate Approval (if required): 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.
- Collect Corrected Certificate: A new or updated birth certificate with the correct date of birth will be issued to the applicant once verification is complete and the request is approved (either by the Registrar directly or by 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.
AFFIDAVIT FOR CHANGE OF DATE OF BIRTH FORMAT
I, [Full Name], son/daughter of [Father’s/Mother’s Name], residing at [Full Residential Address], do hereby solemnly affirm and declare as under:
- That I am the deponent of this affidavit and I am well acquainted with the facts stated herein.
- That my correct date of birth is [Correct Date of Birth – DD/MM/YYYY].
- That my date of birth has been incorrectly recorded as [Incorrect Date of Birth] in my Birth Certificate issued by [Name of Municipal Authority/Hospital].
- That the said incorrect entry was made due to [clerical error/oversight at the time of registration/any valid reason].
- That I am submitting this affidavit to request the concerned authority to correct my date of birth from [Incorrect DOB] to [Correct DOB] in their official records.
- That the correct date of birth [Correct DOB] is supported by my records such as [school certificate/Aadhaar/passport/medical record – mention documents if required].
- That the statements made above are true and correct to the best of my knowledge and belief and nothing material has been concealed.
Place: [City]
Date: [DD/MM/YYYY]
Signature of Deponent
[Full Name]
Types of Corrections in a Birth Certificate (DOB and Name)
The date-of-birth name-correction process on the birth certificate varies depending on the extent and nature of the change. Authorities classify them to determine the verification process and legal requirements.
- 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: If a child's name was not registered at birth, a separate process exists to add it to the certificate. This is generally simpler than a correction. If a name is incorrectly spelled, you can submit a notarised affidavit. This also applies if you want to name change on your birth certificate.
How NoBroker Helps With an Affidavit for Date of Birth Correction?
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 by drafting a precise and legally compliant affidavit, providing guidance on the correct stamp paper, and assisting with notarisation through a registered notary. With professional support, your affidavit is prepared accurately, providing a strong, error-free start to your change of birthdate on your birth certificate.
