How to get your birth certificate replaced
Best Answer: Tension, were you for one for your parents that they wrongly got noted this date of birth with the Registrar of Birth & death which now you want to change? Anyhow if you are one from Indian & born in Indian then your birth certificate must be one under the REGISTRATION OF BIRTHS AND DEATHS ACT, 1969, section 15 of this Act provides:- Correction or cancellation of entry in the register of births and deaths – If it is proved to the satisfaction of the Registrar that any entry of a birth or death in any register kept by him under this Act is erroneous in form or substance, or has been fraudulently or improperly made, he may, subject to such rules as may be made by the State Government with respect to the conditions on which and the circumstances in which such entries may be corrected or cancelled, correct the error or cancel the entry by suitable entry in the margin, without any alteration of the original entry, and shall sign the marginal entry and add thereto the date of the correction or cancellation.
You will need a court order, at the very least. This will be a difficult, tedious, and possibly expensive process for you. Here's how I would start going about it:
1. Find out what governmental agency issued your original birth certificate. This might be a county registrar or a county clerk, or it might by the state's department of vital records or vital statistics. Or it might be something else completely -- you'll need to research who this is.
2. Contact that registrar's office in writing and enclose copies of a) the birth certificate they issued and b) proof in the form
of convincing written evidence that you were born on a day other than the birth certificate. If you do not have such proof, you are going to fail in your quest; I assume that you can locate proof of that nature such as an affidavit from your mom (she was there, after all), photographs or videos of you as a newborn with date-stamps on them, or medical records generated by the hospital during your birth.
3. It's a really good bet that the registrar will deny your request no matter how good your evidence might be. When that happens, sue the registrar, by name, in his or her "official capacity," and ask the court to issue a "writ of mandamus" to the registrar to issue a corrected and revised birth certificate. At this point, you may need to hire a lawyer to help you move the case forward.
I would expect the process will take you between nine months to two years from start to finish. If you hire a lawyer, expect to pay at least a $5,000 retainer to get the lawyer started, and to pay a total of $30,000 to $40,000 by the time the whole thing is done. You can try to do the lawsuit part of it without a lawyer but you're very unlikely to succeed without professional help. You will also have difficulty locating a lawyer who has done this sort of thing before; "birth certificate correction law" is not exactly a popular practice area.
Or, you might decide that it's just not worth all of that trouble and either learn to live with a typographical error on some school certificates or maybe get those altered instead.
Good luck, either way.
burtlikko · 7 years agoSource: in.answers.yahoo.com