Last updated April 2026.
Affidavit of Birth: A Sworn Statement for Missing Birth Records
An affidavit of birth, also referred to as a birth affidavit or affidavit for a birth certificate, is a legal document in which you swear under oath to the truthfulness of information about your birth. This sworn statement is submitted to courts, government agencies, or other institutions when official birth records are incomplete, unavailable, or have never been filed. The affidavit serves as an alternative means of establishing your identity and birth information when traditional documentation cannot be obtained.
What is an Affidavit of Birth?
An affidavit of birth is a formal legal declaration, typically notarized, in which you attest to the facts of your birth under penalty of perjury. The document includes your full name, date of birth, place of birth, and your parents’ names and information. You may also include details such as the attending physician, hospital name, and any other relevant circumstances surrounding your birth.
The affidavit is a legally binding document that carries serious consequences if the information provided is found to be false. By signing an affidavit, you are making a sworn statement that the information is true and accurate to the best of your knowledge, and you acknowledge that providing false information constitutes perjury, a criminal offense.
Why You Might Need an Affidavit of Birth
There are several legitimate reasons why someone might need an affidavit of birth. Some people born in the United States decades ago before comprehensive birth registration systems were implemented may not have official birth records on file. Others were born at home or in locations where births were not immediately recorded. Some individuals born internationally may need documentation of their birth date and place for citizenship or immigration purposes. Additionally, certain vital records offices may have lost or destroyed records due to natural disasters, file management issues, or the passage of time.
An affidavit of birth provides a legally recognized alternative when these official documents cannot be obtained.
Using Form DS-10 for Passport Applications
When applying for a U.S. passport, visa, or other official government documents, you can use the U.S. Government form DS-10 to create an affidavit of birth when you do not have a complete birth record on file.
However, submitting Form DS-10 requires meeting specific requirements. You must include a photocopy of both the front and back of a valid photo ID, such as a driver’s license, passport, or military ID. Additionally, you must provide an official statement issued by a relevant government agency, such as the state vital records office, explicitly verifying that you do not have a complete birth record on file. This official verification is a critical component and demonstrates that you have made a good-faith effort to obtain your official birth certificate before resorting to an affidavit.
Notarization Requirements
An affidavit of birth must be signed in front of a notary public, who will verify your identity and witness your signature. The notary will attach their official seal and signature to the document, certifying that you appeared before them and signed the affidavit in their presence. The notarization adds an additional layer of verification and authenticity to the document.
If you will be using the affidavit of birth in place of an official birth certificate, notarization is essential. Most passport acceptance agencies, government offices, and institutional bodies will not accept an affidavit of birth unless it has been properly notarized.
Supporting Documentation
When submitting an affidavit of birth to an agency or institution, you should be prepared to provide additional supporting evidence. This may include baptism records, old school enrollment documents, hospital records, family Bible entries, census records, or testimony from family members or others who have knowledge of your birth. The more supporting documentation you can provide, the stronger your case for establishing your birth information.
Limitations of Affidavits of Birth
While affidavits of birth are legally recognized documents, they are not a substitute for an official birth certificate in all contexts. Some institutions may be reluctant to accept an affidavit without extensive supporting documentation. If you need to establish your identity or citizenship for critical purposes such as international travel or immigration proceedings, it is always preferable to obtain an official birth certificate if one exists.
Frequently Asked Questions About Affidavits of Birth
Can I create an affidavit of birth without form DS-10?
Yes. While Form DS-10 is specifically designed for U.S. passport applications, you can create an affidavit of birth using other formats for other purposes. However, the document must still be notarized and should follow standard affidavit formatting conventions.
How much does it cost to notarize an affidavit of birth?
Notarization costs vary depending on your location and the notary public you use. Typical costs range from $5 to $25 per signature. Some banks, lawyer’s offices, and government agencies offer free notarization services to customers or residents.
How long is an affidavit of birth valid?
An affidavit of birth does not have an expiration date. However, different agencies and institutions may have their own requirements regarding how recently the affidavit was executed. The State Department, for example, may accept affidavits that are several years old if the information has not changed.
Can I use someone else’s affidavit of birth?
No. An affidavit of birth is a personal legal document specific to the individual whose birth it documents. Each person must create their own affidavit with their own sworn statement. Using someone else’s affidavit is fraud and is illegal.
What if the information in my old birth records conflicts with my affidavit?
If any old records are later discovered that conflict with information in your affidavit, you may be required to update or clarify the discrepancy. This is why providing accurate information based on reliable family knowledge and documented evidence is so important.
Related Terms
Certified Birth Certificate Copy, U.S. Passport, Delayed Birth Certificate