Affidavit of birth definition

An affidavit of birth is a document submitted to a court, state, or other institution. It helps verify a person’s birth information and can be used if the birth record is incomplete. It is also known as a birth affidavit or affidavit for birth certificate.

The affidavit of birth certificate is used to verify under oath the facts that surround a person’s birth. In cases when a person cannot provide a birth certificate, they may submit this document as a substitute.

An affidavit of birth can be used when you cannot locate your complete birth record, or if you need additional proof of your birth when applying for a job, U.S. passport, green card, visa, or other official documentation.

Affidavit of Birth Requirements

Currently, the affidavit of birth form offered by the U.S. Government is the form DS-10. According to the latest version:

“A birth affidavit may be submitted (with an application for a U.S. passport) when an acceptable birth certificate cannot be obtained for a person born in the United States. The affidavit must be accompanied by a photocopy of the front and back side of the affiant's identification and, when applicable, a notice from the appropriate authorities indicating that no birth record exists”.

The affidavit of birth certificate is used to verify under oath the facts that surround a person’s birth. In cases when a person cannot provide a birth certificate, they may submit an “Affidavit of Birth Certificate” as a substitute.

What is an affiant?

To obtain an affidavit of birth, it is necessary to find a person with knowledge about the individual’s birth that can state that the details are true. This person is called the affiant.

Generally, the affiant is a blood relative, however, it can be any other person who was present at the birth, including a doctor, nurse, or midwife. The affidavit must be signed and notarized before using it as an official substitute for a birth certificate.

The affidavit should always be accompanied by a photocopy of both the front and back side of the affiant's identification alongside, when applicable, a notice from the respective authorities indicating that no birth record exists.

Submitting Evidence of Birth for a Green Card Without a Birth Certificate

Evidence of birth is necessary for both green card processing paths: adjustments of status and immigrant visa applications. While there are exceptions for refugees and asylum seekers, applicants usually need to provide a foreign birth certificate as well as Form I-485, Application to Register Permanent Residence or Adjust Status, or the DS-260.

Some civil authorities and governments do not issue official birth certificates, which means that you may not have a birth certificate to provide. In these cases, you will need to submit ulterior evidence to the facts of your birth, such as an affidavit of birth, school records, medical records, or similar evidence.