How To Change Date Of Birth In Birth Certificate?

Your birth certificate is not merely a piece of paper. It is the basis of an individual's identity, shaping everything from education and employment to, most importantly, the legal rights of that individual and an inaccurate date of birth can cause serious complications. Whether it be due to a clerical error, miscommunication, or even being recorded in outdated sources, the implication of correcting your date of birth on the birth certificate is not only about accuracy but of ensuring that one's identity is properly recognised in all official matters.​

What This Blog Covers:

• Legal Reasons for Changing Date of Birth
• Legal Considerations of Changing Date of Birth
• Procedures to change the date of birth
• Required Documents
• Fees & Timeline
• Common Challenges and Legal Remedies
• Affidavit for Date Of Birth Correction
• FAQs

Can The Date Of Birth Be Changed In A Birth Certificate?

Yes, the date of birth can be corrected on a birth certificate. However, the issuance of a replacement birth certificate is bound by several legal processes to reduce fraudulent activity associated with changing the Date of Birth. Depending on the circumstances, legal systems will permit a change to the birth date in the case of clerical errors, discrepancies in official records, or when compelling evidence supports the correction.

Note: Altering a birth date for fraudulent purposes, such as to gain age-related benefits, is illegal and punishable under the law.​

Legal Grounds For Changing Date Of Birth In Birth Certificate

Correcting the date of birth on a birth certificate is a legally sensitive matter that demands valid reasons, substantial evidence, and adherence to prescribed procedures.

Typographical Or Clerical Errors

The accidental reversal of digits or entering the wrong data details at the initial recording of birth can give rise to inaccurate events, such as the entry of birth date as 12/06/1990 instead of 06/12/1990. A common clerical mistake. Most of the time, the error can easily be rectified just by providing the necessary documents to the authority.

Incorrect Information Provided During Birth Registration

Sometimes, there could be cases where the person who put in the birth report, such as a parent, guardian, or official assigned by the hospital, may have unintentionally given incorrect information. This misinformation results in the wrong date of birth being recorded. This can be legally corrected by presenting clear evidence, such as a hospital discharge summary or early school records.

Discrepancies Across Official Documents

When there are inconsistencies between the birth certificate and other official records like school certificates, passports, Aadhaar cards, or government-issued ID's, it may become necessary to rectify the birth certificate. It is important that all legal documents be consistent for various administrative, educational, employment, and legal purposes.

Errors During Migration Or Record Transfers

When records are transferred, particularly from institution to institution or administrative jurisdiction, errors might occur in the transcription or data entry, which leads to a recorded date of birth that is not accurate.

Legal Age Discrepancies

Incorrect recording of date of birth can gravely complicate age eligibility concerning certain legal rights such as voting rights, retirement benefits, educational admissions, job applications, and government schemes.

Adoption Or Surrogacy Cases

The initial record for children born from adoption or surrogacy processes may be based on a mere estimate or provisional documentation. Once the actual birth date is confirmed, a new birth certificate should be issued to reflect accurate information, along with confirming the child's legal identity.

Religious Or Cultural Calendar Differences

In certain parts of the world and for certain groups, birth registration is done using religious or regional calendars (such as the Hindu, Islamic, or other indigenous systems), and discrepancies might arise when converting the date to the Gregorian calendar used in official records.

Correction Of Historical Records

If an individual's birth was registered late, if the person was adopted, or if the person is missing historical records, discrepancies in their date of birth may be discovered much later in life. Rectifying such historical inaccuracies is important for maintaining correct legal identity and securing rightful claims related to inheritance, property, or benefits.

Legal Considerations For Date Of Birth Correction

The legal process of correcting a date of birth in a birth certificate is formal and one that requires carefulness and meticulousness in adherence to procedures. The following issues are of utmost importance in this regard:

• Authenticity of Supporting Documents: All documents submitted as evidence should therefore be capable of being verified as genuine and should be consistent with the claimed correct date of birth. Any inconsistency in the documentation may prolong or halt the process of the correction.
• Timeliness of Application: The process to correct a date of birth should be initiated as soon as possible. Delays, especially once an individual reaches adulthood, can make obtaining approvals more complex and may require additional legal formalities.
• Seeking Legal Guidance: A legal professional can assist in the application process and ensure it goes smoothly. This is especially necessary in complicated situations involving a court order or if the applicant has multiple documents that contain different dates of birth.

Also Read : How to Change Name in Birth Certificate?

Legal Provisions Governing The Change Processes

In India, the process of correcting the date of birth on a birth certificate is governed by a comprehensive legal framework designed to uphold the accuracy and integrity of vital records.

Births, Deaths And Marriages Registration Act, 1886

The Births, Deaths and Marriages Registration Act, 1886, established the initial guidelines for the voluntary registration of births, deaths, and marriages, setting the groundwork for systematic record-keeping.

• Key Provisions:
•  
• • Outlines the procedure for duly registering and retaining records.
  • Set the duties, powers and responsibilities of the registrar.
  • Prescribe penalties for the failure to register or for non-discharge of legal obligations.

Although it provided a framework, the Act remained optional across the regions and lacked uniform enforcement. This led to a need for tougher legislation.

Registration Of Births And Deaths Act, 1969 (RBD Act, 1969)

Developing upon the 1886 Act, the Registration of Births and Deaths Act, 1969, made registration of birth and death mandatory throughout India and laid down detailed procedures for correcting mistakes within those records.

• Key Provisions:
• • Mandatory Registration: Registrations must take place within twenty-one days from the date of occurrence of every birth and death.
  • Correction and Cancellation of Entries: Section 15 of the Act allows for the correction or cancellation of entries in the birth register in case of clerical errors or factual inaccuracies, according to prescribed rules.
  • Authority: The Registrar has the power to review and correct applications after due inquiry. This function is usually delegated at the Municipal Corporation, Municipal Council, or Panchayat level.
  • Affidavit and Documentary Evidence: A person requesting a correction has to submit an Affidavit (sworn before a Magistrate) and other supporting documentary evidence (such as school leaving certificates, Aadhar cards, passports, etc.) validating the appropriate Date of Birth.
  • Late Corrections: In some states, if the application is made long after the original registration, the application will require approval from various levels of authorities, in some cases, approval from a District Magistrate, and sometimes even from a court.

Step-by-Step Procedure To Change Date Of Birth In Birth Certificate

There are a couple of methods for changing the date of birth in a birth certificate in India, based on the error on the birth certificate and the process of the body that would process this application.

Correction Through Municipal Authority

1. Step 1: Visit your Local Municipal Corporation Office: Go to the specific municipal authority where the birth has been registered originally.
2. Step 2: Get the Application form for the Change: Ask for an Update/ Correction in Birth Certificate form from the office.
3. Step 3: Fill the Form Carefully: Fill the application form and do not create further errors.
4. Step 4: Attach All Supporting Documents: Attach any supporting documents like:

• Educational certificates, such as a 10th-grade mark sheet,
• Passport,
• Aadhar Card,
• Hospital birth records (if any),
• An affidavit duly notarised confirming your correct date of birth.

1. Step 5: Payment of Applicable Fee: Pay the nominal correction fee according to the instruction given by the Municipal Corporation.
2. Step 6: Processing and Verification: They will verify your documents and process the applications for a couple of weeks once they receive the application from you.

Correction Through A Court Order

1. Step 1: Gather Evidence Supporting the Correct Date of Birth: Collect all of the evidence in support of the suggested correct date of birth.
2. Step 2: Draft a Legal Petition: Draft a petition requesting the court to direct, through an order, to correct the birth certificate.
3. Step 3: File the Petition in the Appropriate Court: The petition should be filed in the competent civil court (usually the jurisdiction where the birth was registered).
4. Step 4: Attend Court Hearings: You must attend the hearings in which the judge reviews the submitted evidence.
5. Step 5: Obtain the Court Order: If satisfied, the court will issue an order instructing the municipal authorities to amend the date of birth.
6. Step 6: Submit the Court Order to the Municipal Authority: Present the certified order along with the necessary documents to the local authority for amending the birth certificate.

Changing Date Of Birth Through Affidavit

1. Step 1: Draft an Affidavit: Prepare an affidavit to include the following details:
2. • The incorrect entry,
   • The correct date of birth,
   • State the reason for requesting the change.
2. Step 2: Notarise the Affidavit: Get the affidavit notarised by a licensed notary public.
3. Step 3: Submit the Affidavit along with the Supporting Documents: Provide the notarised affidavit along with other supporting documents (educational records, identity proofs, etc.) to the municipal office for action.
4. Step 4: Processing by the Authority: The municipal authority examines the affidavit and documents. Then it will approve the documents and make necessary changes.

List Of Important Documents Required For Changing Date Of Birth In Birth Certificate

Application Fees & Timeline

Common Challenges And Legal Remedies

Altering a date of birth on a birth certificate can be a tedious process, often filled with challenges. Common challenges can include:

• Lack of Supporting Documents: Providing alternative proof can be very challenging if hospital records or school certificates are not available.
• Resistance from Authorities: Some municipal authorities may insist on a court order for the correction, delaying the procedure further.
• Legal Complications: Navigating the legal system can be daunting, especially for individuals unfamiliar with legal procedures.

Legal Remedies

• Consult Legal Experts: A lawyer dealing with civil matters may give advice suited to the actual situation.
• File a Court Petition: In the case that municipal authorities refuse to cooperate, filing a petition in a local civil court may be necessary.

Legal Implications Of An Incorrect Date Of Birth

Maintaining a wrong date of birth in the official records would create tremendous legal and practical complications, including:

• Accusation of Misrepresentation or Fraud: A date of birth stated on a document inconsistent with other documents might be considered as wilful misrepresentation, and one may incur a penalty or even a criminal charge.
• Document Invalidation: Information that does not accurately reflect reality can lead to the decline or cancellation of crucial documents such as passports, Government IDs or college diplomas.
• Denial of Essential Services and Benefits: Discrepancies can block access to essential services such as healthcare, social security schemes, pensions, and educational qualifications.
• Complications in Legal Proceedings: Conflicting entries can create grave difficulties in legal processes such as inheritance cases, insurance payouts, and even criminal investigations.

Affidavit For Date Of Birth Correction

An affidavit serves as a legally sworn statement affirming the validity of date of birth and explaining any discrepancies in official records. This document is significant when seeking corrections in birth certificates, especially in cases where primary documents are inconsistent or unavailable.​

Importance Of The Affidavit

An affidavit is a declaration, made under oath, attesting to the truth of statements in context to civil documentation. In addressing the discrepancies in a birth certificate, an affidavit acts as a foundational piece of evidence, reinforcing the legitimacy of the request for the changes.

Steps To Prepare An Affidavit

1. Drafting the Affidavit: Start by clearly stating the incorrect date of birth as it appears on the current birth certificate, followed by the accurate date of birth. Give the explanation for the difference, for example, clerical error or misreport.
2. Personal Details: Include all personal information, including full name, current residential address, and, if applicable, the relationship to the individual whose birth date requires correction.​
3. Supporting Evidence: Attach documents that support proof of date of birth correct. Educational records, government-issued IDs, or medical records may be used for this.
4. Notarization: Present the affidavit to a notary public. Sign the document in their presence to affirm its authenticity. The notary will then attest to the affidavit, rendering it legally valid.​
5. Submission to Relevant Authority: Submit the notarized affidavit, along with the supporting documents, to the municipal authority or registrar's office responsible for maintaining birth records. Ensure all submissions comply with the specific requirements of the jurisdiction in question.​

Note: The affidavit should be executed on nonjudicial stamp paper whose denomination differs from state to state. For instance, in Maharashtra, the requisite stamp duty is ₹100.

Conclusion

Changing your Date of Birth on a birth certificate may seem like an overwhelming process, but it is a key element to ensure your identity is recorded in an accurate and consistent manner in all legal documents. Whether it was an error that occurred in the typing process, an error made in registration or simply to align date of birth discrepancies in various documents, there are processes to help you make things right. Even though it may seem a bit daunting at the start, with the right documentation and a seek guidance, you can get through the process.

Ultimately, correcting your date of birth allows you to have peace of mind by knowing that all your personal, legal and financial records are the same. This is a great way to keep yourself on track in every part of life.

FAQs

Q1. Why is consistency across all records important?

Consistency and uniformity in your records are essential since it ensures legal validity. It upholds issues about the application processes, adds protection in case of identity and administrative difficulties.

Q2. What are the legal implications of an incorrect date of birth?

The incorrect date of birth or unauthorised changing of date of births can cause invalid documents. Leading to possible fraud charges, and problems with legal claims including but not limited to inheritance or benefits claims. It may also disrupt essential services and cause delays for educational, employment, or government assistance application processes.

Q3. How do you update secondary documents after change of date of birth?

To change the details on other documents, submit all supporting documents like the Gazatte Notification & Affidavit to appropriate authorities to update your records for school, employment, bank, insurance policies, etc. and any other government ID like Aadhar Card, Passport, etc.

Q4. What are challenges that you may face in changing your date of birth?

Challenges may include delays, missing documents, or legal hurdles. To avoid such problems, ensure you have completed documentation and maybe seek some legal advice when necessary.

Q5. How does updating the date of birth impact financial records?

The date of birth update allows for all the respective financial records (bank accounts, insurance) to be accurate, andprotects from all kinds of confusions or delays when dealying with transactions and claims.

Q6. Are there any penalties for not updating the date of birth accurately?

Yes. Not changing or providing false information can result in penalties, including fines, imprisonment, as well as loss of benefits or services due to the incorrect information.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalised legal guidance, please consult with a qualified Civil lawyer.