देर से जन्म या मृत्यु पंजीकरण: जन्म प्रमाण पत्र कैसे बनवाएँ
At a glance
- Law
- Registration of Births and Deaths Act, 1969, S. 13 (as amended, 2026)
- Who
- The person, a parent, guardian or family member
- Where
- Registrar → DM / SDM → Judicial Magistrate, by delay
- Time
- 1–3 months
What it is
Every birth and death must be reported to the Registrar of Births and Deaths. In rural Bihar this is ordinarily the Panchayat Secretary, and in towns the municipal body. Where it was not reported in time, it can still be registered late under Section 13 of the Registration of Births and Deaths Act, 1969. The longer the delay, the higher the authority whose order is needed. A birth certificate is now required for school admission, passport, Aadhaar corrections, government jobs and many other purposes.
Who can apply
- The person concerned (for his or her own birth)
- A parent or guardian
- A family member (for a death)
Who needs an order from whom (as amended, in force from 01.10.2026)
- Within 21 days: registration free, by the Registrar
- After 21 days, within 30 days: registration on payment of a late fee (Section 13(1))
- After 30 days, within one year: written permission of the prescribed authority, with an affidavit and late fee (Section 13(2))
- After one year, within two years: order of the District Magistrate, Sub-Divisional Magistrate, or an Executive Magistrate authorised by the District Magistrate (Section 13(3))
- After two years: order of a Judicial Magistrate First Class having jurisdiction over the place of birth or death (Section 13(3A), inserted by the Registration of Births and Deaths (Amendment) Act, 2026)
Step-by-step process (delay of more than two years)
- 1
Non-availability certificate
Apply to the Registrar of the place of birth for a certificate that the birth is not recorded in the register.
- 2
Collect proof
Gather documents showing the date and place of birth, such as hospital or ASHA records, school records, and vaccination card.
- 3
Application to the courtSection 13(3A)
File an application before the Judicial Magistrate First Class having jurisdiction over the place of birth, with affidavits of the parents or two elderly persons who know the facts.
- 4
Verification
The Magistrate verifies the correctness of the birth, and may call for a report from the Registrar or the local authority, or examine the deponents.
- 5
Order
The Magistrate passes an order directing the Registrar to register the birth.
- 6
Registration and certificate
The order and prescribed fee are submitted to the Registrar, who registers the birth and issues the certificate.
For a delay of one to two years, the same steps are followed before the DM / SDM / authorised Executive Magistrate instead of the court.
Documents required
Checklist · 7 items- Non-availability certificate from the Registrar
- Hospital discharge slip or birth record, if available
- School admission register extract or school leaving certificate
- Aadhaar of the person and of the parents
- Affidavit of the parents, or of two elderly persons who know the date and place of birth
- Vaccination card or Anganwadi / ASHA records, if available
- Proof of the parents' residence at the place of birth at that time
Time usually taken
1 to 3 months
Before the DM / SDM, ordinarily one to two months. Before the Judicial Magistrate, ordinarily one to three months, depending on the verification report.
Points to remember
- 01An application already pending before the date of amendment is governed by the authority before whom it was properly filed; check the current position before filing.
- 02The child's name can be added to an existing birth registration later, within the time allowed under Section 14, without a fresh registration.
- 03A false affidavit or false information for registration is punishable.
Frequently asked questions
How is a birth certificate obtained in Bihar when the birth was never registered?
Where the delay is more than two years, an order of the Judicial Magistrate First Class is needed (Section 13(3A), as amended in 2026). The applicant obtains a non-availability certificate, files the application with proof and affidavits, and the Registrar registers the birth on the Magistrate's order.
Who orders registration of a birth delayed by one to two years?
The District Magistrate, Sub-Divisional Magistrate, or an Executive Magistrate authorised by the District Magistrate (Section 13(3)).
What is a non-availability certificate?
A certificate from the Registrar of the place of birth that the birth is not recorded in the register. It is the first document in a delayed registration.
Can a child's name be added to the birth certificate later?
Yes. The child's name can be added to an existing birth registration within the time allowed under Section 14, without a fresh registration.
About the author
Advocate Vivekanand
Founder & Principal Advocate, Vivekanand Law Firm · MA (English), MBA, LL.B., Author. Full profile
Disclaimer. This publication is for general legal information and education only. It is not legal advice on any particular matter and does not create an advocate-client relationship. Procedures, fees and time limits change from time to time and may differ from office to office; verify the current position before acting.
यह प्रकाशन केवल सामान्य कानूनी जानकारी और शिक्षण के लिए है; यह किसी विशेष मामले में कानूनी सलाह नहीं है, और इससे अधिवक्ता-मुवक्किल संबंध नहीं बनता।
— Adv. Vivekanand, Motihari
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