Civil Procedure Code (CPC)

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Key Takeaways

  • Parents of older children are normally required to provide proof of their child's correct birth date and complete a brief affidavit.
  • To correct the month, day, or year on an adult's birth certificate, submit an affidavit together with verification of your date of birth to your state's vital records department.
  • A court order is required before a birth date can be changed in multiple places.
  • While your legal birth date must appear on your birth certificate, there is no legislation that says you can't celebrate your birthday on a different day.

Introduction

Can You Legally Change a Birthdate? The short answer is that you cannot alter your date of birth. You were born on the date you were born, and your birth certificate contains this information to confirm your identity. Changing your birth date on official records could be considered a kind of fraud. Only if the birth date was entered erroneously is there an exception. In that situation, correcting the error by providing the relevant documents would be legal.

Correcting a Minor's Birth Certificate

Most states will update a birth certificate without a court order within one year of the child's birth. While each state's regulations vary, most states require the completion of a few forms in order to effectuate the change. Parents of older children must usually produce proof of the right birth date and fill out a brief affidavit. Evidence from an official source such as hospital records, a paediatrician’s record, immunisation records, or a baptismal certificate is often accepted if it was established close to the child's birth.

Correcting an Adult's Birth Certificate

Submit an affidavit together with proof of your date of birth to your state's vital records agency to correct the month, day, or year on an adult's birth certificate. This might be a census record or a record from your elementary school that shows the year you started school. The data you give must include your whole date of birth, not just your age. The state department of vital records can assist you in completing the application and determining what proof you'll need.

Getting a Court Order

Before a birth date can be changed in several places, a court order is required. You can submit a petition with the family court in the county where the birth was registered to correct a clerical error. Attach proof of your correct birth date, as specified in the documents listed above. The judge will either approve the adjustment or schedule a hearing for you to present your case to her. To have your birth certificate updated, file a rectification order with the Vital Statistics office.

Informally Changing Your Birth Date

While your legal birth date must be included on your birth certificate, there is no law that prevents you from celebrating your birthday on a different day. It has been known for people to lie about their age. You can have any birthday you choose as long as you enter your birth date correctly on official documents.

Legal Procedure

The CMO has a database of all the hospitals in the district serving as nodal offices for all private hospitals. Submit the petition to the Executive Magistrate, together with a copy of the record officially attested by the CMO, to allow the change in DOB. In many states, the Municipal Corporation will accept a CMO attested copy for a certificate change. An inquiry shall be ordered by the Executive Magistrate to the appropriate department in the District, and an order shall be given on behalf of the inquiry. Instructions for the change in record must be given to the Municipal Corporation and a copy of the new certificate must be issued as a result.

To legally change your birth date, you must file a petition with the court and show that the information on your existing birth certificate is erroneous. Judges are hesitant to issue orders to change birth dates, especially if the listed birthday is less than a year off.

Obtain evidence that the listed date of birth is erroneous. Obtain formal proof of the proper birthdate if the date of birth is reported wrongly owing to a typographical or clerical error. In certain cases, hospital documents, combined with a notarized certification from a doctor or hospital administrator attesting to their legitimacy, should be enough to get a birth date modification.

Medical evidence can be used to determine the correct birth date. In many cases, birth certificates for children adopted abroad are erroneous and rely on guesses made by orphanage workers. If you suspect your child's birth date is inaccurate, seek the advice of a paediatrician and a paediatric dentist to confirm his or her true age. Solicit sworn affidavits from medical specialists attesting to your child's exact birth date.

Request that the court amend your date of birth. Prepare a Motion for Change of Date of Birth and file it with the clerk of the court once you have documented documentation. A summary of your facts and grounds for requesting a change of date of birth should be included in your motion. Make sure to include original copies of all medical records and other supporting documentation. Make your case in front of a judge. You will be given an opportunity to speak with a judge about the merits of your case.

Request a new birth certificate from the state department of vital records with the signed change of date of birth order. You or your attorney will be responsible for delivering the order approving a change of birth date to the vital records department once the court signs it. After that, the state will be able to issue a new birth certificate with the revised date of birth. Change data with the Social Security Administration using the new birth certificate. Finally, you must call your local Social Security office and request that your date of birth be updated in their system.

Conclusion

It's not straightforward to change the date of birth on a birth certificate. It is assumed that the original birth certificate is correct after it has been filed. As a result, it's up to you to show that the date is incorrect. However, if you assemble suitable documentation verifying your correct date of birth, you'll be allowed to complete the process.


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