Affidavit of Birth

An affidavit of birth form is a document that records a sworn account of one person's birth: the date, time, place and parents. It might be completed by a parent, relative, or medical professional who was a witness to the birth if a birth certificate cannot be found. The main goal of the fillable affidavit form is to help prove an individual’s citizenship or file an application for a new birth certificate. Once filled out, the affidavit should be notarized to get legal force.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

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What Is an Affidavit of Birth?

An affidavit of birth form is a sworn written account of when, where and to whom a person was born. A family member, a doctor or another person who knows the facts first-hand makes it under oath. People attach it as a supporting record when the original birth certificate cannot be produced or no other proof of the birth exists.

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. Affidavits of birth are plain documents, so a short and clear version is easier for the receiving office to read.

When Is an Affidavit of Birth Used?

An affidavit of birth gives an agency a sworn account of a birth when the usual proof, such as a birth certificate, is missing, incomplete or not enough on its own. People use it in situations like these:

  • when a person has an incomplete birth record
  • when a person has lost their birth certificate
  • when a person is applying for a Green Card and need additional evidence of their birth
  • when a person needs an additional proof of their birth for a job or other official reason
  • when a person is applying for a new US passport and needs secondary citizenship evidence

What Should Be Included In an Affidavit of Birth?

When an affidavit of birth is used for official purposes, for instance for USCIS or Department of State, there are certain requirements that should be followed strictly when crafting the document. Please note that immigration officers are evaluating the document in terms of its probative value and credibility, which is why the following information is necessary in the affidavit.

  • Complete name, place and date of birth of an applicant (specifying full dates, months, and years in the format “December 11, 1950” instead of “12/11/50”)
  • Complete names of both parents of an applicant (when mentioning the mother’s name, her current name should be used with the maiden name included in parenthesis)
  • Statement of how that affiant swearing under oath the details of the person’s birth knows them (for instance, the father might state that he was present at the moment of giving birth or if the affidavit is filled in by a person’s aunt, she might say that she was present for the birth at the hospital)
  • Complete names of all the people who are mentioned in the affidavit (name of the applicant, an individual signing the affidavit and both of the applicant’s parents’ names)
  • The state and county where the affidavit was completed

How Do Jurisdictions Handle a Late Birth Registration?

In all 48 jurisdictions FormsPal's verified state data covers (47 states and DC), a birth that was not registered on time can still be registered later. This is called a delayed registration. The rules differ on the waiting period, the proof and the person who signs.

  • In 40 of the 48 jurisdictions covered, a birth counts as a delayed registration only after a minimum period has passed since the birth.
  • The waiting period runs from 1 to 5 years across the 26 jurisdictions whose rule states it in years.
  • It runs from 6 to 12 months across the 6 states whose rule states it in months.
  • It runs from 3 to 365 days across the 3 states whose rule states it in days.
  • In 45 of the 48 jurisdictions covered, a rule requires documentary evidence to support a delayed registration.
  • In 15 of the 48 jurisdictions covered, a rule calls for an affidavit of personal knowledge, a sworn account from a person who knows the facts of the birth.

The waiting period and the proof differ by jurisdiction. Contact the vital records office that issues birth certificates in the place of birth before you start.

Some Aspects of Filing in the Affidavit of Birth Form

One of the requirements for an affidavit is that details of a person’s birth contained in it need to be truthful as otherwise, a person might face a penalty for perjury.

Another requirement is that it should be created by a person who is a first-hand witness to an individual’s birth, for instance a medical worker who helped with the delivery or one of the parents.

  • Close relatives such as aunt, uncle, siblings who were adults at the time of birth can be affiants, too.
  • In the cases where relatives are not available, a friend or a neighbour can file an affidavit as well.

These people should have direct knowledge of the birth and its circumstances and they should mention the reason why it is them who are submitting the affidavit instead of a person’s parents. The affiant does not necessarily have to be a US citizen.

Please note that the petitioner or their beneficiaries cannot be affiants in an affidavit of birth.

The form should also be signed, dated, and notarized before it gets legal force.

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Parts of an Affidavit of Birth

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. A notary completes the last part, the acknowledgement.

  1. Name of the parent or relative: your name, birth date, place of birth and residence.
  2. Sworn answers: your relation to the person, the date and place of the birth, and the names of the child and the other parent.
  3. Closing oath: the place, the date and your printed name.
  4. Notary acknowledgement: the notary's date and signature.

How to Fill Out an Affidavit of Birth?

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 notary acknowledgement blank until you stand in front of the notary. The steps below walk through each part.

Step 1 – Name of the parent or relative

In the first paragraph of the document, include your name, birth date, place of birth, and place of current residence. Then, there should be a statement: “…on oath state and declare as follows.”
Step 1 to filling out an affidavit of birth form parent name

Step 2 – Sworn statements

The first statement in the affidavit of birth should be your relation to the person witnessing the birth of whom you are swearing about. It should state that you are the mother of the father of the person, their place of residence, and that you have personal knowledge of your child’s birth.

The next statement should be that on a certain date, you or your wife gave life to your child at the specified place.

Further, you need to state the name of your child.

As the last statement, tell the name of the child’s other parent.
Step 2 to filling out an affidavit of birth sample sworn statements

Step 3 – Signature and date

The affidavit should end with stating that it was made and signed on solemn oath at a certain place and on a specified date. Then, include your signature, date and printed name.
Step 3 to filling out an affidavit of birth template signature and date

Step 4 – Notary acknowledgement

The last section in the affidavit of birth should be notary acknowledgement. A notary public should put the date when the affidavit was sworn and signed in front of them and their signature.

There is no standard form of the affidavit of birth which is why to save your time and efforts, use our document builder. It will let you create an affidavit of birth in minutes. Just answer several questions regarding the birth of a person, and get a ready-made document in no time.
Step 4 to filling out an affidavit of birth example notarization

Example of an Affidavit of Birth

The sample below shows how the sworn account usually reads. Replace the bracketed items with the facts of your own case and keep the wording plain, because a short and clear affidavit is easier for the receiving authority to read. Notarization comes after you write the account, so wait to finish the oath until you are with the notary.

I, [full name], of [address, city and state], being duly sworn, state that I was present at the birth of [child's full name] on [date] at [place of birth, including the state]. The mother of the child is [mother's full name, including maiden name] and the father is [father's full name]. I make this affidavit from my own knowledge.

Common Mistakes to Avoid in an Affidavit of Birth

Small errors in names and dates are easy to make and easy to avoid. Check the affidavit against the birth certificate or birth record before you take it to a notary. These are the slips to watch for:

  • Writing the date as 12/11/50 instead of a full date such as December 11, 1950.
  • Giving a short or informal name instead of each person's complete name.
  • Leaving out how the affiant has personal knowledge of the birth.
  • Leaving out the family relationship between the affiant and the person born.
  • Skipping notarization when the receiving office wants a notarized affidavit.
  • Sending the affidavit without the supporting record or certificate it is meant to back up.
  • Using the mother's current name without her maiden name in parentheses.
  • Forgetting to name the state and county where the affidavit was completed.
Keep a copy of the signed affidavit for your records and bring the original to the office that asked for it.

Frequently Asked Questions

An affidavit of birth is a sworn account of one person's birth, made by someone who knows the facts first-hand. Most people want to know who can sign it, whether it needs a notary and what happens if the information is wrong or the registrar says no.

Who can make an affidavit of birth?

The person who signs is the affiant. The affiant swears to facts they know first-hand. In 10 of the 48 jurisdictions FormsPal's verified state data covers, a rule sets who may swear the affidavit and requires personal knowledge of the facts of birth.

Does an affidavit of birth need to be notarized?

In 4 of the 48 jurisdictions covered, a rule requires the affidavit to be sworn before a notarizing official. Ask the office that will receive your affidavit whether it wants a notarized copy. 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.

What happens if an affidavit of birth contains false information?

In 11 of the 48 jurisdictions covered, a rule sets a penalty for knowingly making a false statement in a birth record or affidavit. Check every name, date and place against the birth certificate before you swear the affidavit.

What if the registrar denies a delayed registration?

In 2 of the 48 jurisdictions covered, a person whose delayed registration is denied may petition a court. Ask the registrar's office for the reason and for the next steps it offers.

Can an affidavit of birth help in an immigration case?

Some people add an affidavit of birth to an immigration case as a supporting record when the birth certificate is missing. 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.

Can I fill out an affidavit of birth online?

Yes. You have two ways to do it:

  • Use the Create My Document button above to answer a few questions and get a ready-made affidavit.
  • Download the PDF file and fill it in with the online PDF editor, then print it.

General information, not legal or tax advice.

Published: Apr 25, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.