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An affidavit of birth is a sworn account of a person's birth. It gives the date, place and parents when a birth certificate was never issued or is incomplete. Parents and relatives use this free template, PDF and sample to write one.
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An affidavit of birth form is a sworn written account of when, where and to whom a person was born. A parent, a relative or another person with personal knowledge of the birth makes it under oath. For a state delayed certificate of birth, it backs up other proof of the birth rather than standing alone: in Alabama, only one of at least three pieces of documentary evidence may be an affidavit of personal knowledge, under Ala. Code § 22-9A-9. In Wisconsin, only one piece of documentary evidence per item may be an affidavit of personal knowledge, under Wis. Stat. § 69.14(2)(b).
In this guide, the person who signs is called the affiant. The person the affidavit describes is called the subject. Write every line for the reader who asked you for it.
Many people add it to other supporting documents, such as medical records, school records or family records, in an immigration case, a government application or a family matter.
The two papers differ in who writes them. A birth certificate comes from a public authority, while an affidavit of birth is a personal statement from someone who knows the facts. Think of the affidavit as a helper that explains or backs up the certificate. Ask the agency that wants proof of birth which papers it takes before you start.
You need an affidavit for a birth certificate when no certificate was ever issued, or the one you have is incomplete or not enough on its own, and an office asks for a sworn account of the birth instead. The office that asks decides what it accepts. People use it in situations like these:
If you only lost your copy, order a new certified copy from the office that issued the certificate first. An affidavit is for a birth with no certificate to order, or for an office that asks for one.
Passport and immigration offices can have their own birth affidavit form. If an office asks for a birth affidavit, ask it whether it wants its own form or accepts a general affidavit like this one.
For a USCIS application or petition, an affidavit of birth is the last layer of proof, used only after the birth certificate and other secondary evidence cannot be obtained, under 8 CFR 103.2(b)(2).
The rule works in three layers:
Under 8 CFR 103.2(b)(2), affidavits must overcome the unavailability of both primary and secondary evidence. In practice, that means each affidavit should be detailed enough to stand in for a missing certificate: full names, full dates, the exact place and how the affiant knows each fact.
Whether it is enough depends on the immigration office handling the case, so ask that office which documents it wants. Keep a copy of every certificate, record and affidavit you send to support the case.
An affidavit of birth should include the full name, date and place of birth of the person, the full names of both parents, and the affiant's own details and relationship to the family. Each fact should be exact, because the reader checks it against other papers.
Use the same spelling of every name throughout the affidavit. A name spelled inconsistently is the first thing a reader questions.
An affidavit of birth is usually signed by a parent, an older relative or another adult who was present at the birth or has personal knowledge of it. The best affiant is the person closest to the birth who can still give a clear account.
Some states set an age rule for a delayed certificate of birth: in Alabama the affiant shall be at least 10 years older than the applicant and have personal knowledge of the facts of birth, under Ala. Code § 22-9A-9. In Wisconsin, the person signing such an affidavit shall be at least 10 years older than the registrant and have personal knowledge of the facts of the registrant's birth, under Wis. Stat. § 69.14(2)(b).
An affiant who is not a parent should say why they are signing instead of the parents. For a USCIS case, the affiants are persons who are not parties to the petition and who have direct personal knowledge of the event and circumstances, under 8 CFR 103.2(b)(2), so a statement of what someone was told does not meet the rule and the applicant or petitioner does not sign one about themselves.
An affidavit of birth form has four parts, and you complete them in order. You identify yourself first, then describe the birth under oath, then close with the place and the date. The officer who gives the oath completes the last part, the jurat.
Work through the four parts in order and keep the finished affidavit with your other documents. Fill in every field in full, spell each name the way the birth certificate or birth record does, and leave the jurat blank until you stand in front of the officer who gives the oath. The steps below walk through each part.
Open the affidavit with your full name, your date and place of birth and your current address, so the reader knows who is speaking. End the opening paragraph with the oath line, such as "on oath declare as follows."
Write the sworn statements as short numbered paragraphs, one fact in each, starting with your relationship to the person whose birth you describe. Then give the facts in this order:
Keep each paragraph to facts you saw or know directly. A fact you only heard from others is not personal knowledge, and an office can refuse an affidavit built on it.
Close the affidavit with a line saying it was made and signed on solemn oath, followed by the place, the date, your signature and your printed name. Sign only when the person taking your oath asks you to.
The last section in the affidavit of birth is the jurat, the "Subscribed and sworn to before me" block. The officer who gave the oath writes the date the affidavit was sworn and signed in front of them, then signs. Check the jurat wording against the rules of the place where you sign.
Our document builder asks a few questions about the birth and puts your answers into a finished affidavit you can print and sign.
A sample birth affidavit follows a simple format: a title, the affiant's identity, numbered sworn statements about the birth, a closing oath, the signature and the jurat. Replace the bracketed items with the facts of your own case and keep the wording plain.
A parent who files a USCIS petition is a party to it and cannot be one of its affiants under 8 CFR 103.2(b)(2), so use the parent sample only outside such a case.
Sample by a parent
I, [full name], of [address, city and state], being duly sworn, declare that I am the father of [child's full name]. I was present at the birth of my child on [month, day and year] at [hospital or address, city and state]. The mother of the child is [mother's full name, with maiden name in parentheses]. I make this affidavit from my own knowledge.
Sample by a relative
I, [full name], of [address, city and state], being duly sworn, declare that I am the aunt of [full name of the person]. I was present at [place of birth] on [month, day and year] when my sister, [mother's full name, with maiden name in parentheses], gave birth to [full name of the person]. The father of the child is [father's full name]. I make this affidavit because [reason the parents cannot sign], and from my own knowledge.
Download the PDF file and fill it in with the online PDF editor, then print it.
The most common mistakes in an affidavit of birth are short dates, incomplete names and a missing account of how the affiant knows the facts. Check the affidavit against the birth certificate or birth record before you take it to a notary. These are the slips to watch for:
These answers cover the questions people ask most, from the affidavit of live birth to writing one without a lawyer and filling it in online.
Notarization is the step where a notary public confirms who made the affidavit and when, so check which documents the receiving office wants before you go to the notary.
An affidavit of live birth is another name people use for a sworn account that a child was born, with the date, place and parents. Some offices print their own form under that name, so ask the office which form it accepts before you use a general template.
Some people add an affidavit of birth to an immigration case as a supporting record when the birth certificate is missing. For USCIS, affidavits come after secondary evidence, and two or more are submitted when both the certificate and secondary evidence are unavailable, under 8 CFR 103.2(b)(2).
Yes, many people write their own birth affidavit from a template, because it holds plain facts about one birth. A lawyer can help when the case is complicated, such as a disputed parent or a long gap in papers.
Yes. You have two ways to do it:
General information, not legal or tax advice.
