Non-Availability of Birth Certificate from India

A birth certificate is an official document issued by the government authority that records the birth of an individual. It serves as a legal proof of identity, age, nationality, and parentage and hence plays a vital role in day to day life of an individual as it can affect a person’s legal rights. Because of its importance, birth certificates are carefully stored and can usually be replaced by requesting a certified copy from the issuing authority.

Key Information on a Birth Certificate

• Full name of the person
• Date of birth
• Place of birth 
• Name of the parents 
• Gender of the child
• Registration number
• Date of registration
• Name and signature of the registrar or issuing authority

Why Is a Birth Certificate Important

A birth certificate is a vital document which is used for many purposes such as-

a)  Immigration purposes

b)  Obtaining Nationality of different country

c)   Obtaining Green Card/Permanent Residency/OCI

d)  Applying for a passport or visa

e)  Proving Inheritance claims

f)    Receiving government benefits

g)  Educational Enrolment

h)  Solemnization of marriage

i)    Proving citizenship or nationality

Who is required to register births

According to the Registration of births and deaths Act, 1969, it is the duty of the persons specified below to provide, according to the best of their knowledge and belief, information to the Registrar in the forms prescribed by the State Government –

(a) in respect of births and deaths in a house, whether residential or non-residential, the head of the household.

(b) in respect of births and deaths in a hospital, health centre, maternity or nursing home or other like institution, the medical officer in charge or any person authorised by him in this behalf;

(c) in respect of births and deaths in a jail, the jailor in charge;

(d) in respect of births and deaths in a choultry, chattram, hostel, dharamshala, boarding-house, lodging-house, tavern, barrack, toddy shop or place of public resort, the person in charge thereof;

(e) in respect of any new-born child found deserted in a public place, the headman or other corresponding officer of the village in the case of a village and the officer in charge of the local police station elsewhere:

Delayed registration of births

a)  WITHIN 30 DAYS

Any birth of which information is given to the Registrar after the expiry of the period specified, but within thirty days of its occurrence, shall be registered on payment of such late fee as may be prescribed.

b)  AFTER 30 DAYS BUT WITHIN ONE YEAR

Any birth or death of which delayed information is given to the Registrar after thirty days but within one year of its occurrence shall be registered only with the written permission of the prescribed authority and on payment of the prescribed fee and the production of an affidavit made before a notary public or any other officer authorised in this behalf by the State Government.

c)  POST ONE YEAR OF OCCURANCE

Any birth or death which has not been registered within one year of its occurrence, can be registered 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.

Registration of name of child

Where the birth of any child has been registered without a name, the parent or guardian of such child shall within the prescribed period give information regarding the name of the child to the Registrar either orally or in writing and thereupon the Registrar shall enter such name in the register and initial and date the entry.

Correction or cancellation of entry in the register of births and deaths

If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.

Need for carrying out a Search of Birth Records

One can get their birth records searched if their birth is registered, even if they don’t have the physical birth certificate with them. There however may be a situation where an individual is not aware if their birth was ever registered. In such cases, a search can be carried out before the authorities based on the birth particulars and identification documents available. If the search yields positive results, the birth certificate can be obtained, if however, no records were found or traced, in such cases, a Non- Availability of Birth Certificate (NABC) is generally issued by the authorities, which may be used by individuals for immigration and other purposes. An NABC is as good as a birth certificate in absence of the birth record.

Generally Required Documents to file an Application for obtaining the birth certificate

a)  Identification documents such as AADHAR, Voter ID, Passport, etc.

b)  PAN Card

c)   Maternity ward receipt/Hospital Receipt

d)  High School certificate

e)  Passport and Overseas Citizen of India(OCI)Card, where applicable

f)    Identification documents of parents of the applicant.

Conclusion

In conclusion, birth certificates serve as fundamental legal documents that establish identity, citizenship, and access to essential rights and services. From securing education and healthcare to obtaining a passport or proving inheritance claims, a birth certificate is often the first and most significant document for an individual. As societies continue to modernize and digitize records, ensuring universal access, accuracy, and security in the issuance and maintenance of birth certificates remains a critical responsibility for the government authorities concerned.