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For example, below are the specifications for documents of Indian origin like birth, death and marriage certificates:
BirthCertificates
Birth records must be presented for all unmarried children under age 21 even if they do not wish to immigrate at this time. (If children are deceased, so state, giving year of death.) The certificate must state the date and place of birth and the names of both parents. The certificate must indicate that it is an extract from official records. If any children were adopted, you must submit a certified copy ofthe final adoption decree.Photostatic copies are acceptable provided the original is available for inspection by the consular officer.
Available. Prior to l970, the reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to l970 may be obtained from the State Registrar General of Births, Deaths, and Marriages. No standard or uniform certificate is issued by the authorities. In addition, acceptable certificates may often be obtained from the municipal and rural registration records, which are maintained under the state laws. Europeans, Anglo-Indians, and Indian Christians are usually able to obtain church baptismal certificates.
Under the Registration of Births and Deaths Act of l969, births are required to be registered in almost all of the States and Union Territories of India. Birth certificates areavailable to any applicant born on or after April l, l970, upon payment of a nominal fee to the appropriate authority.
In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied bya document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.
Adoption Certificates
Available. An adoption must conform to the Hindu Adoption and Maintenance Act of 1956 in order to be valid.It should be noted that families with a natural child or children may not legally adopt another child or children of the same sex. Clarification of the restrictions would assist INS in its adjudication of these cases.
Consular officers will accept an"Adoption Deed" on stamped paper, signed by the natural parents and the adoptive parents, and registered with the Sub-Registrar of Assurances ofthe area. The Hindu Adoptions and Maintenance Act of 1956 permits adoptions only to Hindus, Buddhists, Sikhs, and Jains. All others are not allowed to adopt a child in India. Non-Hindus wishing to adopt an Indian child must obtain guardianship under the Guardianship and Wards Act before removing a child out of India to a country where adoption is legal.
Marriage Certificates
Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act ofl954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee.
A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.
Note: A document termed as"Marriage Agreement" or "Deed of Marriage" to live as manand wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties' legal marital status under the law.
Divorce Certificates
Available. Methods of divorce vary among the different communities. As a rule Muslim marriages are dissolved without recourse to the judicial process, thus, no records of such divorces are generally available. Certified copies of divorce decrees of Christian, Hindu, Parsee, and Sikh divorces can be obtained from the Courts of jurisdiction.
Death Certificates
Available. Prior to April l970, reporting of deaths was voluntary. Where no official record exists, a sworn affidavit by a close relative of the deceased giving a detailed account of the circumstances of the death is acceptable.Since April l970, Death Certificates are issued by appropriate state authorities. Certificates of Death issued by hospital authorities are acceptable.
Burial Records
Records of burial are availablefrom the State Registrar General of Births and Deaths, or from cemetery officials/municipal corporation officials.
Police Records
Indian Police Clearance Certificates should be obtained as follows: |