Fillable Form Affidavit of Birth

What is the Affidavit of Birth?

An affidavit of birth is a legal document used to establish the date and place of birth of an individual. It is often used in situations where the original birth certificate is not available, or when the individual was not issued a birth certificate at the time of their birth. This document can be used as evidence in court, for immigration purposes, or for other legal or administrative processes.

The affidavit of birth can be used for a variety of purposes, such as obtaining a passport, enrolling in school, or obtaining a driver's license. It is often required when the original birth certificate is lost, damaged, or otherwise unavailable, or when there are errors or discrepancies on the original certificate.

How do I fill out the Affidavit of Birth?

The affidavit of birth requires information about the individual's name, date and place of birth, and the names of their parents, and what the affidavit is being used for.

State and Country

Enter the state and county that this affidavit is being filed in.

Name

Enter the full legal name of the person filing this form.

Birthplace

Enter the birthplace of the person filing this form.

Age

Enter the age of the person filing this form.

Current Residence

Enter the address, county, and state of residence of the person filing this form.

Applicant Name and Application

Enter the affiant’s full legal name and what they are applying for or otherwise using this form for.

Relationship to Applicant

Enter the relationship of the person filing this form to the affiant, and how long they have known each other.

Place of Birth

Enter the hospital that the affiant was born in, and the date and time of their birth.

Parents

Enter the full legal names of the affiant’s parents.

Reason for Affidavit Instead of Birth Certificate

Enter a short explanation for why an Affidavit of Birth is being provided instead of a birth certificate.

Affiant’s Signature

Have the affiant sign the form on the space provided.

Notarization

Enter the date that the form was signed and witnessed by the notary. 

Notary’s Name and Commission

Enter the name of the notary, the county that they operate from, and the date of their commission’s expiry.

Frequently Asked Questions (FAQs)

Can another person file an Affidavit of Birth on my behalf?
Yes, simply write a letter granting that person authorization to do so. In some states, however, there may be specific rules and procedures for granting another person the authority to file legal documents on your behalf, so make sure to check beforehand. 

Is there a deadline to file an Affidavit of Birth?

The deadline to file an Affidavit of Birth depends on the specific purpose and context for which the affidavit is being used. Make sure to check to see if there are any particular deadlines or dates by which the affidavit should have been provided.

Can an Affidavit of Birth be used as proof of citizenship?

No. Proof of citizenship typically requires more extensive documentation, such as a birth certificate, passport, or naturalization certificate. While an Affidavit of Birth may be useful in applying for the necessary documents to prove citizenship, it does not provide evidence of citizenship on its own and should not be used for that purpose.

Can an Affidavit of Birth be obtained online?

It depends, but generally, yes. However, even in cases where it is possible to have the affidavit written out and signed electronically, it will often still need to be printed out and notarized in order to be properly filed. 

What happens if wrong information is put on an affidavit?

Providing false information on an affidavit can have severe legal consequences, including but not limited to being charged with perjury alongside all other consequences incurred for providing the wrong information. 

What is perjury?

Perjury refers to the crime of lying and/or providing false information after having taken an oath to provide information that is correct and true. 

Are affidavits legally binding?

Yes. Filing an affidavit legitimizes the claim made by the person filing it, meaning that they are not only fully aware of all information that has been written into the affidavit, but they are taking an oath that everything that has been stated is 100% true and honest. 

What is an Affidavit?

Affidavits are a type of legal document used by individuals to certify that a statement they are making is true. Such forms often need to be notarized in order to ensure that no fraud is committed and that all parties involved, both the party that is asking for the affidavit and the person filing the affidavit, are assured that the statements being made are, as sworn under oath, completely true.

How do I get the affidavit notarized?

You may avail of the services of a notary online or by contacting a nearby notary office. This will generally require that you provide an ID to the notary, and only sign the form when the notary is there to witness it.

Can an Affidavit of Birth be used to establish parentage?

An Affidavit of Birth may provide some information that can help establish parentage, such as the names and identifying information of the individual's parents. However, it cannot be used as proof of parentage on its own.

What is the difference between an Affidavit of Birth and an Affidavit of Identity?

An Affidavit of Birth is a legal document that provides information about an individual's birth, such as their name, date of birth, place of birth, and the names of their parents. It is typically used to establish an individual's date and place of birth when their original birth certificate is not available. An affidavit of identity is a legal document used to verify an individual's identity, and is often required in situations where a person needs to prove their identity, such as when applying for a passport or other official documents. 

Can an Affidavit of Birth be used in any country?

Yes, but extra certification may be required in order to use the affidavit outside of the country it was filed in. Make sure to check with the laws of the relevant place or places beforehand. 

How is an Affidavit of Birth different from a birth certificate?

A birth certificate is an official document issued by a government agency, typically the vital records office in the state or country where the individual was born. An Affidavit of Birth is a document that is filed by a person themselves and filled out with information about that person’s birth. 

Do I need a lawyer to prepare an Affidavit of Birth?

You do not necessarily need a lawyer to prepare an Affidavit of Birth, as it is a relatively simple legal document that can be prepared by the individual or by a notary public. However, it is always advisable to seek legal advice if you are unsure about the content of the affidavit or if you need assistance in drafting the document.

How much does it cost to prepare an Affidavit of Birth?

The cost of preparing an Affidavit of Birth can vary depending on several factors, such as the complexity of the document, the jurisdiction where it is being prepared, and the legal fees charged by the person or organization preparing the affidavit. If you are preparing the affidavit yourself, however, then there will likely be little to no cost associated with preparing the affidavit at all.