• Birth Certificate

My mother is a natural born US Citizen who was born to two US citizens who were temporarily working in India at the time of her birth in 1964. Neither of my mothers parents were Indian citizens. She has a certificate of Birth Abroad issued by the US Consulate in Kolkata and the US State Department attesting to her birth in the city, yet she has no birth certificate issued by relevant Indian authorities. This has been causing her problems. Is there any way in which we can have Kolkata authorities issue her birth certificate?
Asked 7 years ago in Family Law
Religion: Christian

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16 Answers

Hi , you can apply for birth certificate by providing an application to the medical officer Kolkata ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) does your mother have hospital discharge certificate

2) on basis registrar of birth can ussue BC to mother

3) enclose copy of BC issued by US consulate in Kolkata and attested by US state department

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

"As per the provision of the Citizenship Act, 1955: By Birth (Section 3)-A person born in India on or after 26th January 1950 but before 1st July, 1987 is citizen of India by birth irrespective of the nationality of his/her parents."

If your motger was born in 1964 in India, then she is a citizen of India by birth, irrespective of the nationality of her parents. Therefore, she can go before the required authority in India, to get her birth certificate issued.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

Your mother should apply for birth certificate in Kolkata with registrar of birth

2) it is better she comes down to India for registration purposes

3) engage a local lawyer in Kolkata

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

If you have all the proof that your mother was born in India, on or after 26th January 1950 but before 1st July, 1987, then if birth certificate is required from authorised department of India, then application for birth certificate can be done online. But, if it is required that, the person need to be present in person then she can mention that your mother hasn't been to India since she was a child, and you all can not easily make it to India. Let the authorities decide after hearing the request.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

1) You have to first check with the U.S. Consulate of Kolkata and Kolkata municipal corporation for birth certificate, from their reference you can get your mother's birth certificate, as baby of her parents name. Secondly you have to insist on her name should reflect on Birth Certificate which will be provided by Kolkata Municipal Corporation.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Every birth needs to be registered within 21 days. Only then can a birth certificate be issued to the family of the new born.

The process for registering a child’s birth differs from state to state. This is a process that most private hospitals can advise on. They will issue the parents with proof of the birth, which has to be taken to the local government offices for it to be registered.

Take photocopies and originals of the following documents:

1. Parents’ passports and visas

2. Parents’ birth certificates

3. Marriage certificate (if there is one)

4. Proof of birth letter from the hospital

Then after series of checks multiple copies of the birth certificate can be issued. You can expect them to be in Hindi, English and the official state language.

Apply for a birth certificate at your municipal office. If they have the records of your birth they'll issue you the birth certificate.

You can find this site helpful:

https://www.kmcgov.in/KMCPortal/jsp/KMCBirthDeathHome.jsp

Please find here the registration centres: https://www.kmcgov.in/KMCPortal/jsp/KMCBirth.jsp

You can also lodge a complaint at the MEA, India website: http://www.madad.gov.in/AppConsular/welcomeLink

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear Client,

Person born before 1989 in India do not required Birth certificate for any purpose in India. U can apply to local Municipal office where mother born, but as matter is old enough, rare possibility.

In such matters, consulate issues the certificate and it is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You need to hire an advocate in Kolkata and provide him certified copy to apply in the municipal corporation office to get the birth certificate.

The municipal corporation will not issue certificate but will reply it's enability to issue the certificate and there after a mendamus writ in this regard should be filed to the high court to get direction to the municipal corporation to issue the certificate.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. You shall have to provide details of her birth i.e. the place where she was born.

2. If she was born in a hospital then certainly the Hospital had issued a certificate to her parents certifying that a female child has been borne to them on such and such day of the year 1964.

3. I myself was born in Rly Hospital in Calcutta for which a birth certificate was issued certifying that a male child has been born on 04.09.1952 to Mr. & Mrs. Ganguly

4. A copy of the said certificate is expected to be sent to the Calcutta Municipal Corporation from where the birth certificate is required to be collected by filing an application which my father had done.

5. So details of the hospital where she was born to her parents on the particular date is required with the copy of the birth certificate issued by the hospital (if your grandfather had collected the same).

6. Otherwise a thorough search shall have to be made to locate the file and document recording the date of birth of your mother.

7. In case she was born in her father's home and not in a hospital, she shall have to affirm the same by executing an affidavit for getting the birth certificate from the Calcutta Corporation accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. It is note to note that you have the basic document to trace her details of birth being the certificate issued by the hospital where she was born.

2. Such birth certificates issued by the Hospitals do not and can not mention the name of the child born since he/she is not named at that time.

3. It is only mentioned in the said certificate issued by the Hospital that the 1st or 2nd or Nth child being a male or female child has been born to Mrs so and so wife of Mr. so and so on a particular date.

4. the procedure to collect the birth certificate from the Calcutta Municipal Corporation has already been detailed in my earlier post.

5. You are required to contact the lawyer you want to assign the job with through this portal by telephone and then send him the details and/or scanned copies of the documents you are possessing to enable him to inform you the amount to be spent for searching the file and obtain the said birth certificate.

6. By executing a power of attorney in favour of your said advocate or any body else, duly getting your signature notarised by the appropriate officer of the Indian Consulate in USA, you can arrange to obtain the said birth certificate of your mother without visiting India.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Yes, you can do so but subject to certain conditions as the period is too long in between.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Since the US citizens were working in India at the time of your mother's birth, she can make a claim for birth certificate that would have been registered in Kolkata city Corporation.

If the law do not permit her to get a birth certificate from Indian authorities then she has to be contented with the birth certificate issued by the US consulate in Kolkata.

What is the problem she is facing due to the birth certificate issued by the US consulate which is also a competent authority on behalf of US.

The birth certificate issued by US consulate would be essential to prove her US citizenship.

However ask your mother to submit an application to the Kolkata local civil authorities requesting the same based on the documentary evidences for the hirth taken place in Kolkata at that time, let them give a reply after which you can vie the option for initiating legal action through court of law.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

My mother has a Birth Abroad certificate issued by US authorities stating she was born in Kolkata, and she has a certificate from the hospital (but it doesn't even have her name on it. it just refers to her as the baby of'). My mother hasn't been to India since she was a child, and we can not easily make it to India. Are there ways we can complete this process whilst remaining in the United States? Also what office should I specifically be sending my mothers US Certificate of Birth Abroad to in India?

If the birth certificate issued by US consulate in Kolkata is not legally valid in US, then she may obtain a written reply from the authorities that this birth certificate is not valid, she may have to produce the birth certificate from the competent authority.

Along with a copy of this reply, copy of the birth certificate issued by US consulate in Kolkata, copy of the hospital records, she may submit an application to the Kolkata city corporation authorities with a request to issue birth certificate on the basis of the documentary evidences attached to her application.

You may engage the services of an advocate in the local for follow up action.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Hi,

You may approach high commission authorities for the same.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

If she is an Indian citizen then only she will be issued birth certificate.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

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