Affidavit of Birth

An Affidavit of Birth is a sworn statement that replaces the birth certificate if it is not available for any reason.

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When you are a child, your parents or guardians take care of all your records, including the birth certificate. However, as soon as you are of adult age, this becomes your responsibility.

Sometimes records are lost permanently, which could prove to be a big problem in your everyday life. In the case of the birth certificate, if a person has lost or misplaced it irrevocably or otherwise doesn't have a birth certificate, they can have someone else furnish an Affidavit of Birth testifying to their birth details.

What Is an Affidavit of Birth?

On the Affidavit of Birth, the affiant swears to have been born at a time and place as recorded. The affiant is usually one of the living parents, but any older relative who was of this earth at the time of the birth can attest to the birth details.

If not a relative, a medical staff member, such as a doctor or nurse, can also serve as the affiant. 

Other Names for Affidavit of Birth

Depending on your state, an Affidavit of Birth may also be known as:

  • Affidavit in Proof of Date of Birth
  • Affidavit of Live Birth
  • Date of Birth Affidavit
  • Affidavit of birth certificate
  • DS 10 Form

Who Needs an Affidavit of Birth?

By all accounts, an Affidavit of Birth can serve several self-same purposes as the birth certificate. You can use an Affidavit of Birth instead of your birth certificate whenever needed, though that is getting rarer and rarer today. You may need a birth certificate in certain jurisdictions to apply for a marriage license, but anything bearing your DOB should work, including your driver's license and passport.

Why Use 360 Legal Forms for Your Affidavit of Birth?

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Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Affidavit of Birth.

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All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create an Affidavit of Birth with 360 Legal Forms

Are you wondering which details should you include in the Affidavit of Birth?

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Affidavit of Birth?

To create your document, please provide:

  • Applicant Details: The legal name, place of birth, and date of birth of the person applying for the affidavit.
  • Affiant Details: The legal name and contact information of the person furnishing the affidavit.
  • Mother's Name: The legal name, including married and maiden as applicable, of the applicant's mother.
  • Father's Name: The legal name of the applicant's father.
  • Relationship Specification: Specify how the affiant is related to the applicant.
  • Purpose: Furnish the purpose for applying for the affidavit.
  • State: The state where the affidavit is to be sworn to.
  • Date: The date when the affidavit is to be created.
  • Statement: The affiant's sworn statement to the accuracy of the affidavit.
  • Signatures: The affiant must sign the affidavit in front of a notary public.

Affidavit of Birth Terms

  • Affidavit: A sworn written statement that can be used as evidence in court.
  • Affiant: In the context of an Affidavit of Birth, this is the person making the affidavit.
  • Applicant: In the context of an Affidavit of Birth, the person whose birth details are supplied in the affidavit.
  • Solemn Oath: A promise made in front of a witness.
  • USCIS: The United States Citizenship and Immigration Services under DHS.
  • Vital Records: Official records of life events such as birth, marriage, and death.
  • Midwife: A person professionally trained to assist with childbirth.
  • Perjury: The act of lying under oath.

Affidavit of Birth Signing Requirements

Before signing, the affiant should review and confirm the accuracy of the document. For the Affidavit of Birth to be valid, the affiant must sign it in front of a notary public.

What to Do with Your Affidavit of Birth?

After the Affidavit of Birth is notarized, you can use it to apply for a new birth certificate. If needed, you can also use it to apply for school admission, a marriage license, your passport, or driver's license.

Frequently Asked Questions

The birth certificate is issued, often by a hospital, at the moment of (or very shortly after) the live birth of a human baby. The birth certificate is a vital record that you will want to hold on to. It holds more authority than any Affidavit of Birth. In the United States, someone who does not possess a birth certificate can use an Affidavit of Birth to apply for a new one.

The DS-11 form is used to apply for a United States Passport. The same form is used for the first passport and up, including renewals and replacements for loss or destruction. The United States Department of State is in charge of all passport matters (where the DS comes from) and Form DS-11 can be found on its official website. One of the required documents is the birth certificate, for which a notarized Affidavit of Birth is an acceptable substitute.

The delayed birth certificate describes any birth certificate that took more than a year to create post-birth. Not all counties adopted instantaneous birth records at the same time, so some older people might have a so-called delayed birth certificate, which works just as well as any birth certificate.

You will want to get it corrected as it could result in a perjury charge punishable by up to a good stretch of time behind bars. For an Affidavit of Birth, the affiant must be certain of the sworn facts regarding the applicant's birth. If the details are incorrect for any reason, errors or no errors, you can just not use the affidavit and no one will get in trouble. Make another one that is accurate to the last detail.

Living without a birth certificate can be complicated. If you were born in the United States, you should be able to research the data in your county of birth. However, someone born in a country with subpar recordkeeping may have problems getting an Affidavit of Birth, let alone a birth certificate. One cannot make one’s own Affidavit of Birth so if that is the case, it is best to address the issue with the local authority where you believe you were born.

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Applicable to all 50 states
Applicable to all 50 states

Our documents are vetted by lawyers and are applicable to all 50 states.