Amendments or correction or cancellations to a birth certificate in India are governed by section 15 of the Registration of Births and Deaths Act, 1969 and the related rules set by individual states, if it is possible to make corrections or cancel details in a birth certificate. This means if there is an error in the certificate, such as a misspelled name, incorrect date of birth, or any other mistake, you have the legal right to request a correction. Similarly, if a certificate was issued based on incorrect or false information, it can be canceled following the proper procedure. These rules are in place to ensure that birth records are accurate and reliable.
The process varies depending on the nature of the correction and the issuing authority. Corrections or amendments may be required to fix errors such as spelling mistakes, incorrect date or place of birth, or to update details like the name of the child or parents. Here’s how you can amend a birth certificate through both offline and online methods.
Common Reasons for Amendments
- Spelling errors in the name of the child or parents.
- Change of name after legal adoption or gender transition.
- Errors in the date, time, or place of birth.
- Inclusion or correction of parents’ names.
Procedure for Amendments
- Application for Amendment: An application must be submitted to the registrar of births and deaths in the jurisdiction where the birth was originally registered. The application should include details of the required correction and supporting documents.
- Supporting Documents:
- Affidavit stating the reason for the amendment.
- Identity proof of the individual (Aadhaar card, voter ID, etc.).
- Proof of the correct details (school records, hospital records, etc.).
- Court order (in case of major changes like name alteration after legal adoption).
- Approval by the Competent Authority: Minor corrections, like spelling errors, are usually approved by the registrar. For significant changes, a court order may be required.
- Publication of Name Change: If the amendment involves a name change, it must be published in a government gazette and at least two newspapers.
Amending a Birth Certificate Offline
Step 1: Visit the Local Registrar’s Office
Go to the office of the Registrar of Births and Deaths in the jurisdiction where the birth was registered.
Step 2: Submit an Application
Write an application addressed to the Registrar, clearly explaining the required correction and the reason for the amendment. Also, include details such as the registration number, date of birth, and name of the person whose certificate needs correction.
Step 3: Provide Supporting Documents
Attach documents to support the requested changes, such as:
- Original birth certificate.
- Affidavit sworn before a notary or magistrate explaining the correction.
- Proof of the correct details (e.g., school records, hospital birth records, or identity documents).
- Parent’s identity proof (Aadhaar, voter ID, etc.).
Step 4: Pay the Amendment Fee
Pay the applicable fee for amendments. The amount varies by state and the nature of the correction.
Step 5: Verification and Approval
The registrar will verify the submitted documents and may consult hospital records or other official sources for validation. If the request is for a major correction (e.g., name change), a magistrate’s court order may be required.
Step 6: Collect the Amended Certificate
Once approved, the registrar will issue an updated birth certificate reflecting the corrections. The process may take 7–30 working days, depending on the complexity of the amendment.
Amending a Birth Certificate Online
Step 1: Visit the Official Portal
Log in to your state’s municipal corporation website or the Civil Registration System (CRS) portal: (https://crsorgi.gov.in).
Step 2: Register or Log In
Register on the portal if you are a new user, or log in with your credentials.
Step 3: Select the Correction Option
Navigate to the “Birth Certificate Correction” section. Fill out the online correction form, specifying the changes required and the reason for the amendment.
Step 4: Upload Supporting Documents
Scan and upload the required documents, such as:
- Original birth certificate.
- Affidavit or notarized document supporting the correction.
- Proof of correct information (e.g., medical records, school certificates).
- Identity proof of parents.
Step 5: Pay the Fee
Pay the amendment fee online using a debit card, credit card, or net banking.
Step 6: Verification and Approval
The application will be reviewed by the concerned authorities. Updates on the status of your application will be sent via SMS or email.
Step 7: Download the Amended Certificate
Once the amendment is approved, you can download the corrected birth certificate from the portal.
By following these steps and ensuring that all required documents are accurate and complete, you can amend a birth certificate efficiently through either offline or online methods.
Important Notes
- Types of Corrections Allowed:
- Spelling errors in names.
- Changes to the date, time, or place of birth.
- Inclusion or correction of parent’s details.
- Changes to the child’s name (requires gazette notification for major changes).
- Timeframe for Amendments: Amendments requested shortly after registration are processed more easily. For amendments years after birth, additional documentation, such as court orders, may be required.
- Court Orders for Major Changes: Significant corrections, such as a name change or changes to parentage, require a magistrate’s approval or a court order. Publish the name change in the Official Gazette and two local newspapers if mandated.
- Fees for Amendments: Fees vary by state and type of correction. Late correction requests may attract a penalty.
- Digitized Records: If the record has been digitized, the process may be faster. For older, non-digitized records, the process may take longer.
Legal Issues in Amendment
- Delay in Application: Amendments requested after many years of the birth may require additional documentation and legal affidavits, complicating the process.
- Forgery and Misrepresentation: Providing false information or documents to amend a birth certificate can lead to severe legal consequences, including penalties and criminal charges under the Indian Penal Code (IPC) or Bhartiya Nyaya Sanhita (BNS).
- Disputes in Parentage or Identity: Amendments involving parentage can lead to legal disputes, requiring DNA testing or court orders for resolution.
- Non-Compliance with Legal Procedures: Any amendments made without following the prescribed legal process may render the birth certificate invalid.
This Post is written by Shirsti
Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.
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