• Place of birth change in passport

Dear sir, 
I need to update my wife's place of birth in passport. 
She was born on December 11th ,1982 in Nigeria to Indian parents who were working in Nigeria at that time. I came back to India along with my parents in 1989. After my birth, my parents obtained a birth certificate stating her name as Susan Cherian(Current middle and last name) from the hospital I was born, but they did not get it registered at the Indian Embassy in Nigeria. As I was a minor, when travelling my name was included in my mother's passport as Susan Cherian. While in India I completed my studies. When my parents applied for my passport, they gave my country of birth as India . Since the past two years I am in US with my husband. While here ,we obtained my birth attestation from the National Population Commission,Nigeria .In order to change my country of birth in my passport to Nigeria, it is required by US Indian embassy to have a birth registration from the Indian Embassy in Nigeria as well .But the Nigerian Indian Embassy required some instruction/approvals from MHA. We are not sure about the process. We are completly stuck now. Please guide and help us.

Sincerely,
Rejeev
Asked 1 year ago in Civil Law

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6 Answers

The registration of birth must be done at the Embassy within one year of the Child's birth. When birth of a child is registered with the Embassy or Consulate within one year from the date of birth, the child is automaticallyeligible for 'Citizen of Indiaby Descent' under Section 4(1) of Indian Citizenship Act, 1955.

2)the application is made within one year of birth of child as per above-mentioned process and subject to fulfilment of the eligibility criteria according toMinistry of Home Affairs guidelines, the Embassy of India shall register the birth of the child as an Indian citizen and issue the Birth Registration Certificate. Where application is made after one year of birth of the child, the process is the same except that such application will be forwarded to Ministry of Home Affairs for approval.

Ajay Sethi
Advocate, Mumbai
97466 Answers
7880 Consultations

You can do it if you have a document to support the same with you for place of birth 

Prashant Nayak
Advocate, Mumbai
32837 Answers
209 Consultations

Citizen of India by descent: You are Citizen of India by descent if you are born outside India and either of your parents is a citizen of India at the time of your birth.

A:Indian passport can be issued to the "Citizen of India by Descent" i.e. person born to Indian parent(s) outside India. First parents need to register the birth of Child in Consulate.

It is mandatory to apply for Indian passport of the Child alongwith registration of birth. The registration of birth must be done at the Indian Consulate within one year of Child's birth.

please submit a copy of the proof of place of birth, along with the originals for verification.

If the embassy had sought approval from MHA in  India, then you may have to wait

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

Since you have complied with all the requirements as per procedures of law with the Indian embassy, it becomes the duty of the Embassy to send the papers to MHA, New Delhi and get their approval.

So you may wait for the decision.

T Kalaiselvan
Advocate, Vellore
87666 Answers
2353 Consultations

Embassy forwards your application to MHA 

Ajay Sethi
Advocate, Mumbai
97466 Answers
7880 Consultations

Dear Client,

Contact the Ministry of Home Affairs (MHA): If the Nigerian Indian Embassy requires instructions or approvals from the MHA in India, you might need to initiate contact with the MHA. You can reach out to the MHA through their official channels and explain your situation. They might be able to provide guidance on the necessary steps and approvals required.

 

Document Gathering: Make sure you have all necessary documents related to your wife's birth, including the birth certificate from the hospital in Nigeria, the birth attestation from the National Population Commission of Nigeria.

Anik Miu
Advocate, Bangalore
10371 Answers
121 Consultations

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