• Change of Date of Birth in Birth certificate

Dear Madam/Sir,

My sister's _date_of_birth_ as written in her birth certificate is: January 14, 1984. 

In all her other documents, namely, passport, PAN, Aadhar card, educational certificates, it is all identical and written as January 15, 1984. She wants to change the DoB written on the birth certificate so that all remain consistent. This gap of just one day could be because of some unintentional oversight at that time of her birth. Also note that the hospital she was born in no longer exists; therefore, it is not possible to get a hospital certificate re-issued correcting the DoB.

Kindly, let us know how can we change the DoB on the birth certificate, so that everything is consistent. We do not want to change the DoB on the remaining certificates, since the process will certainly be longer.

Many thanks in anticipation for your advice.
Asked 5 years ago in Civil Law

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15 Answers

sworn an affidavit before concern executive magistrate regarding her original birth date and thereafter submit the said affidavit to the Birth and Death Registrar of your locality and he will issue another birth certificate. if he denied the same then file a misc. case before the executive magistrate and the learned executive Magistrate after proper inquiry he will pass direction for issuance of new birth certificate to the Birth and Death Registrar.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can approach to the date of birth certificate issuing authority which is Nagar Nigam or municipal corporation as the case may be and provide an affidavit in this regard along with other documents copy and request and new birth certificate based on the affidavit and Aadhar card passport and pen which is having the same date of birth

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

 

- The CMO has record of all the hospital being nodal office for all private hospital in District. 

- Along with record copy duly attested by CMO, do submit the petition to Executive Magistrate to permit the change in DOB.

- In many states CMO attested copy is accepted in Municipal Corporation for the change in certificate.

- Executive Magistrate shall order an inquiry to respective department in Dist and order shall passed on behalf of inquiry.

- The instruction to Municipal Corporation shall be given for the change in record and the copy of new certificate shall be issued accordingly. 

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can't change the date on birth certificate but you need to execute an affidavit and newspaper publication stating your correct date.

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

Dear Sir,

To legally change your birth date, you must petition the court and provide compelling evidence that the data listed on the current birth certificate is incorrect. Judges are reluctant to grant orders to amend birth dates, particularly if you believe the listed birthday is off by less than one year.

Obtain proof that the date of birth listed is incorrect. If the date of birth is listed incorrectly due to a typographical or clerical error, obtain written evidence of the correct birthday. In these circumstances, hospital records, along with a notarized affidavit from a doctor or hospital administrator verifying their authenticity, should be sufficient to obtain a change in birth date.

Establish the correct birth date with medical evidence. In many instances of children adopted overseas, birth records are inaccurate and based on estimations made by the orphanage staff. If you believe that your child’s birth date is incorrect, consult a pediatrician and pediatric dentist to help you determine your child’s actual age. Ask the medical professionals to prepare sworn affidavits attesting to your child’s actual date of birth.

Petition the court for a change of date of birth. Once you have written evidence, prepare a Motion for Change of Date of Birth, and file it with the clerk of the court. Your motion should contain a summary of your evidence and reasons for requesting the change of date of birth. Be sure to attach original copies of all your medical evidence and other supporting paperwork.

Go before a judge and make your case. You will be given a hearing so that the judge can determine the merits of your case.

Forward the signed change of date of birth order to the state department of vital records and request a new birth certificate. Once the judge signs the order authorizing a change of birth date, you or your attorney will be responsible for forwarding it to the vital records department. The state will then be able to issue a new birth certificate, reflecting the amended date of birth.

Use the new birth certificate to change data with the Social Security Administration. As a final step, you will need to contact your local Social Security office and request that the date of birth be changed in its system.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

See the date on the birth certificate cannot be changed as it is proof of same based on same you can change in other documents further hospital records are also not available so in that case you need to apply for change in birth date in all other documents based on the birth certificate.Since it is conclusive proof of birth date the other authorities shall undertake the change, 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) what is date of birth reflected in her school leaving certificate kindly clarify 

 

2) if in school leaving certicate date of birth is written as 15 th January then apply to registrar of birth for change of date of birth 

 

3) if thy refuse you would need court orders to change date of birth in BC 

 

 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

In my opinion you should go to change the DOB in the birth certificate through Municipal Corporation of your area on the basis of duly notarized affidavit by the Govt. Notary alleging that you do not have Birth Certificate and now require the same for the purpose you may give some reason. Otherwise you should have to go through competent court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

- As per the Memorandum of West Bengal , dated 24.01.2012 , Prayer for change in date of birth in respect of the Govt. Employees, will not be entertained, if the said prayer is not made in within the period of five years from the date of joining in the Government Service.

- Further , the date on the birth certificate cannot be changed simply.

- You are suggested to apply for the order of issuing a fresh Date of Birth Certificate .

- Apply  before the Registrar of your juridiction after enclosing all the proof of correct date as you stated  and with residential proof of her parents stay in the birth area till January, 1984 . 

- Sure , she will get a new birth certificate with the correct date.

Good luck and dont forget to positive rating.

Mohammed Shahzad
Advocate, Delhi
13264 Answers
198 Consultations

5.0 on 5.0

Move an application requesting the desired change with the concerned Registrar, Births and Deaths.

Request him to take necessary action on your application, in accordance with the applicable.

Since it is almost certain that the Registrar will not act, you should at an appropriate time approach the High Court by way of filing a writ petition and seeking necessary directions against the Registrar. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

 

 

 

 

 

 

A format for the affidavit is given below:

Before the Judicial Magistrate, Court Name

Affidavit

I Mr. ……………………….. S/o ………………………………… aged about ____________ yrs, residing at………………………………. ,do hereby solemnly affirm and state:

That my recorded name in school and college is ______________(YOURNAME), but I myself popularly known as _________________(New name).That after the completion of my studies I want to start a business in IT Sector. From the numerology point of view; I came to a conclusion that the business in my nickname as in the name of NICKNAME will helpful for my endeavours.That by virtue of this affidavit, I changed my name from YOURNAME (old name) to CHOSENNAME (new name) and henceforth I shall be known as the CHOSENNAME (new name) for all purposes.That the facts stated above are true to the best of my knowledge and belief.

Identified by-

Advocate Deponent

CERTIFICATE

Certified that the above named deponent being identified by ______________( ADVOCATE NAME), do hereby solemnly affirm his knowledge and belief.

Place:

Date:

Notary Public, City Name

 

Step- II:

Publication in the Newspaper

The next step is to publish an advertisement in two newspapers- one in the official vernacular language and the other in English.

This is done to publically declare the change in the name so that if a conflict arises later, you have an official declaration of your name change.

Preserve the copies of the newspapers very carefully as well its scanned copies.

A sample copy of the format is as follows:

I, Mr./Mrs.____________ (old name) have changed my name from __________________ (old name) to ______________ (new name) by an affidavit sworn before the Notary Public, ______________ (place) on _________ (date). Henceforth, I shall be known as _________________ (New Name) for all the purposes.

 ______ (Name) and ________ (Complete Postal Address).

Full Signature

Step- III:-

Notifying in the Gazette

The next step is to get your name published in the State/ national gazette.

Go to the department that looks after the Gazette publication, the Government Press, in most of the cases.Fill the “Deed changing surname Form” and fill it very carefully following all the instructions mentioned onThe name changing notification will then be published in the Gazette and you’ll receive its copies in the mentioned address in the Deed Form.

 

With this, the name change procedure gets officially completed.

 The documents required for Name change in gazette for Major / Minor:

For Major / Adults (Mandatory Documents)

ID Proof : Pan card or Passport or Driving Licence or Aadhar Card or Voters IdAddress proof : Ration Card or Aadhar Card or Electricity Bill
Photo : One Passport Size PhotoApplication Form : Duly Signed Application Form with all details & reason for Name change

Optional:
Marriage certificate ( if Any for Female after Marriage)
Affidavit ( If Any Made for any reasons like Adoptions etc.)
Divorce papers (In case of Divorce) etc.

For Minor below 18 years (Mandatory Documents)
ID Proof: Aadhar card or School ID or Aadhar Card
Address Proof: Ration card or Aadhar Card
Age Proof: Birth Certificate or School LC or Bonafide
Photo: One Passport Size Photo
Application Form : Duly Signed By Minor if possible and parents or Guardians

Step- IV:-

Getting official documents changed

After you have successfully changed your name, you will have to update you official official documents (e.g.-Passport, PAN Card, Driving License, and Ration Card)

The good news is that your copies of the affidavit, Newspaper publication and the Gazette notification are enough to get these documents changed.

For changes in Passport, you need to fill the following form:For changes in the PAN card, you need to fill the following form:For changes in the Bank Accounts:

Copy of the affidavit and the gazette notification is needed.

 

In this format date change will happen, edit needs to done

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Hello,

You need to contact the registrar of date and birth for the same and see if some local agent is there to get the same work done. You may prefer an application before the registrar and if he refuses to do the same then you may move to the HC for a specific direction for the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) Kindly check with municipal corporation or grampanchayat office where within a month every hospital send birth death records to municipal authority.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You cannot change the birth date in the birth register.

However you can file a declaratory suit to declare your correct date of birth and keep the copy of the court decree with your certificates which will solve your purpose.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

  1. As per the information mentioned in the presnet query, makes it clear that you do not want to change in all other documents, but only in birth certificate.
  2. Let me tell you that you can’t change also in other documents like schools certificate etc. there is a limitation period of 5 years from getting pass out from the school.
  3. You should give an advertisement in one local as well as in one national newspaper then file an affidavit before the ecmxevhtive magistrate office of your district.
  4. Then move an application to get it changed.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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