VITAL RECORDS FOR PERSONS BORN IN INDIA (revised 09/11/2002)
BIRTH RECORD AVAILABLE
Under the Registration of Births and Deaths Act of 1969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates are available to any applicant born on or after April 1, 1970 on payment of nominal fees to the appropriate authority.
Each applicant for an immigrant visa (or “adjustment of status”) must submit to the U.S. consul and/or the Immigration Service, an official birth certificate issued by the VILLAGE MUNSIFF, MUNICIPALITY, PANCHAYAT, or CORPORATION OFFICE having jurisdiction over his/her place of birth.
If a person’s birth record is not complete (example: no first name included in the information), such record must be supplemented by affidavits from the parents.
BIRTH RECORD NOT AVAILABLE
If a person’s birth was not registered or the record is, for some reason, unavailable, he/she must obtain an official statement to that effect from the Village Munsiff, Municipality, Panchayat or Corporation Office having jurisdiction over his/her place of birth.
Such person should obtain any available “secondary evidence” that contains information about the birth and the names of the parents. This kind of “secondary evidence” includes records such as: School or College Records, Military Records, Pension Records or Birth Horoscope (if Hindu).
IN ADDITION TO THE “NON-EXISTENCE OF BIRTH RECORD” STATEMENT AND SCHOOL RECORDS each person lacking a birth certificate must present either:
[1] An affidavit executed by each of his/her father and mother before a notary public or a first class magistrate. If one parent is not alive, the affidavit by the surviving parent will be sufficient. If both parents are not alive, affidavits from two close relatives who have knowledge about the facts of the birth. Affidavits from any of these persons (close relatives) must show the full name and address of the person preparing the affidavit, his/her date of birth and the place of birth, the relationship to the person lacking a birth certificate AND recite the reasons why such person is in position to verify or testify to the circumstances and particulars of the birth (example: I was 20 years old and lived close by when the birth occurred and I visited the newborn and mother); the affidavit should also include information concerning the person lacking a birth certificate such as: full name, full name of mother, full name father, place of birth (city/state/country) and date of birth (month, day, year); OR
[2] A baptism certificate which is a true extract showing all particulars from a church record and includes the names of parents and, place and date of birth.
MARRIAGES
An applicant for an immigrant visa (or “adjustment of status”) who is married persons must submit to the U.S. Consul and/or Immigration Service a certificate from the Register of Marriages, Waqfs Board, or Church.
The Hindu and Muslim Communities do not usually register marriages; however, marriages by Hindus, Buddhists, Hains or Sikhs may be voluntarily registered under the Hindu Marriage Act of 1955.
Muslims, Parsees, Jews or Christians may register their marriages under the Special Marriage Act of 1954 or the Christian Marriage Act.
Marriage certificates for marriages registered under these acts usually may be obtained from the Offices of the Government Registrars of Marriages which are located in the headquarters for each district.
A certificate of marriage between Muslims is usually issued by the religious body of the priest who performs the ceremony. The document is in Urdu and a certified translation is required.
Marriages between Christians are usually obtainable from church records. The church certificate MUST be in accordance with the Indian Christian Marriages Act of 1872, must state it is an extract from the church’s records and must bear the seal and signature of the competent church authority.
A document termed “Marriage Agreement” or “Deed of Marriage” to live as man and wife (under the Registration Act of 1908) is NOT considered as a marriage solemnized legally under the Indian Marriages Act now in force.
MARRIAGE NOT REGISTERED
If the marriage was not registered, a person MUST show evidence that he/she has attempted to have it registered. In addition to such evidence, such person must present:
An affidavit from a parent of both parties to the marriage executed before a notary public or first class magistrate. The affidavits must include the names of the parents, the names of the bride and groom, the date and place of the marriage, and the custom under which the marriage was performed. If either party has no living parent, the affidavit may be executed by a close relative who witnessed the marriage.
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AFFIDAVIT OF PARENTAGE AND PROVENANCE
COUNTY OF [NAME OF COUNTY] )
SS:
STATE OF [NAME OF STATE] )
COUNTRY OF [NAME OF COUNTRY] )
[FULL NAME OF PERSON PREPARING AFFIDAVIT], being duly sworn, deposes and says:
1. I reside at [FULL ADDRESS];
2. I am a native of [COUNTRY] and presently a citizen of [COUNTRY].
3. I am the father/mother of [NAME OF PERSON WHOSE BIRTH WAS NOT REGISTERED] who was born on [DATE] in [CITY AND COUNTRY].
4. I [WAS or WAS NOT] married to the child’s father/mother whose name is/was [FULL NAME OF CHILD'S OTHER PARENT]
5. I am preparing this affidavit in lieu of a birth certificate as such a birth certificate cannot be obtained from the authorities of [COUNTRY].
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SIGNATURE
The foregoing instrument was acknowledged before me this day of ________________ 2002 by , who has produced _________________________________ as identification and who did/did not take
An oath.
_____________________________
NOTARY PUBLIC
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ON OFFICIAL PAPER OF THE CITY OR MUNICIPAL GOVERNMENT WHERE THE BIRTH TOOK PLACE
date
TO WHOM IT MAY CONCERN
The undersigned government official hereby verifies that I have searched the birth records of [CITY/STATE/COUNTRY] for the birth record of [FULL NAME OF PERSON] born on [DATE] in [CITY/STATE/COUNTRY], the offspring of [NAME OF FATHER] and [NAME OF MOTHER] and have found no such record.
______________________________
(Signature)
(Name of person signing)
(Title of person signing)