Can A Non-Availability of Birth Certificate Have a Mother Name?

birth certificate

Registering for a birth is a must for every citizen across the world. There are multiple benefits that it comes along with, such as claiming government facilities, taking admission to the school and colleges, and easily opening a bank account.

What if you don’t have any birth proof?

What if you lose it?

In both cases, you require a non-availability of a birth certificate or NABC.

So, the NABC refers to a legal document that ensures an unregistered birth is registered. In the nutshell, this proof is mainly issued when your birth was unregistered, or your birth certificate is damaged or lost because of any reason. This official statement fulfills the requirement of birth proof.

Let’s discuss what documents you require to support your birth proof application. 

Checklist of Documents for NABC

You should have these authentic documents so that the issuing authority can verify the details and update the proof.

  • Aadhaar Card or Nationality Card
  • PAN Card (not mandatory), Voter ID Card, Ration Card
  • Educational record or Certificate from School signed by the Headmaster
  • Passport (for non-residents)
  • Nursing home/Hospital Report/Vaccination card
  • Duly filled application Form 10 with an affidavit, which should be drafted on a stamp paper worth rupees 20 or more

With all of these proofs, you should visit the civil authority office. Let’s discover who it can be.

Mother Name is Valid on Birth Certificate

The Kerala high court has recently passed a verdict wherein a person can have his mother’s name alone on the birth certificate, identity certificates, and other documents.

As per the report, Justice P.V. Kunhikrishnan issued an order on July 19, stating that a child of an unwed mother is also considered a citizen of this nation. Because of this reason, he has all fundamental rights that are guaranteed under the Constitution.

The court also ordered the state to protect citizens of all kinds and treat them as equal to other citizens. This should be done by covering their identity and privacy. Otherwise, such petitioners would have to face a number of challenges.

The bench and bar of the Kerala High Court cited a letter issued by the Ministry of Home Affairs in which the Supreme Court had directed all chief registrars of births and deaths to follow the directions given by the Supreme Court if there is any case of a single/unwed mother comes. In such cases, birth certificates may be issued upon producing a sworn document or affidavit. The court or any issuing authority must not insist the mother disclose the identity of the father.

Who Issues this Birth Proof in India?

•  In urban areas: It’s SDM or Sub-Divisional Magistrate or Municipal Corporation where a person was born that can issue the nonavailability of birth certificate.

• In rural areas: Health workers, paramedical staff, gram panchayat or sarpanch are authorized to issue it. The Taluka may also issue this certificate.

Why is This NABC Required?

Simply put, it is a must-have for registering the birth, or in case you have no birth proof. The following rules and guidelines make it a must-follow practice:

  • The registration of the births and death act 1969 makes it mandatory to register every birth with the concerned department or authority of the state government. It should be done within 21 days of birth.
  • The unavailability of a birth certificate can abandon you from having the benefits of most official schemes, such as having any legal documents like passports, OCI, visa, pan-card, etc.
  • It declares that you’re a person of a particular country. Without it, you cannot prove your citizenship.
  • You can withdraw your birth proof on its basis later. Or, you can use it as birth proof.

You have two ways to get it. One is online, and the other is by physically visiting the SDM or municipal corporation office in your area.

Steps to Apply for Non-Availability of Birth Certificate Online

As per a recently published article on Services 2NRI, follow these guidelines.

Step 1. Visit the municipal corporate website over the internet. Get yourself registered there.

Step 2. Login to your account to fill up the application form.

Step 3. Find the form under the title “Issuance of Delayed Birth Order” and download it.

Step 4. Fill up the details as required. Ensure that all details are correct for the certificate.

Step 5. Scan and upload all supporting documents. You may read the guidelines given there about this uploading, such as what to upload in the support of your application.

Step 6. Once done, submit all documents together with the application.

Step 7. Pay the online fee as a service charge and receive a receipt. 

Step 8. Secure it for reference later. It will help you to check the status of your application.

These steps will be followed up by the authority. It verifies all attached proofs and then, stamps in approval.

Processing Time

Certainly, this verification and delivery may be a week or month-long activity. You may track the status online if it’s done.

Offline Process for NABC

These steps will help you to physically apply for the non-availability of the birth certificate.

Step 1. Visit the municipal corporation or SDM office if you don’t have any idea.

Step 2. Request a Form 10 from there and fill it completely.

Step 3. Submit it with the supporting documents’ photocopy so that the authority can verify it easily.

Step 4. Pay the requisite fee to the officer.

Step 5. The verification will be thoroughly done in front of you and if required, the authority may ask you any query for clarification. Once satisfied, he will approve your request and issue the birth registration proof.

Step 6. You may collect the certificate.

Processing Charges or Fees for Non-Availability of Birth Certificate

The birth registration is absolutely free, given that you have registered it within 21 days of birth, which is the stipulated time. 

After that, you have to pay a penalty. It varies from place to place. So, confirm it from the authority. The mode of payment is cash or online transaction.

Summary

The mother’s name is valid to be added to the ward’s birth certificate or non-availability of birth certificate. The unwed mother can apply for it on the behalf of her child by following the steps over the internet or onsite. The Supreme Court has already issued the notice to the registrar for following this guideline.

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