How NRIs Can Obtain an NABC from India: Step-by-Step Legal Process Explained

For a person born in India and migrated to another country, a birth certificate is one of the most vital legal documents that helps them with various administrative and legal process abroad. A birth certificate states an individual’s name, date of birth, place of birth and details of parents and hence is irreplaceable except in certain circumstances. There may be various reasons as to why the birth of an individual may not have been registered, specially before 1969 i.e. prior to enactment of the Registration of Births and Deaths Act, 1969, that mandates registration of birth. In such cases, a Non-Availability of Birth Certificate (NABC) becomes crucial.

What is an NABC - Non-Availability of Birth Certificate?
 

An NABC is a certificate stating that the birth record of a person is either not available or not to be found in the government records. It acts as a substitute proof of birth when the original birth certificate was never registered or cannot be found.

Why Do NRIs and Foreign Nationals of Indian Origin Not Have a Birth Certificate?

There can be various reasons as to why an NRI or a foreign national of Indian origin may not have a birth certificate-

• The birth of the individual occurred at the time when it was not mandatory to register birth. In India, it became mandatory to register birth, only after the enactment of Registration of Births and Deaths Act, 1969. 
• Parents of the child were temporarily stationed in India or in the concerned city for a short term assignment or specific task such as military service, project researchers, scientists, etc. (and the birth of the child took place meanwhile).
• Birth took place at home in the absence of a doctor, nursing home or hospital.
• Migration of parents overseas immediately after birth of the child.
• Unapproachability of the registration authorities during that time.
• Unawareness on part of the parents as to the importance and process of birth registration.

• Birth registered, but the birth records have either been misplaced, destroyed or mutilated. 
  
  Why is NABC Critical for NRIs?
  
  A Non-Availability of Birth Certificate (NABC) offers high importance to NRIs and Foreign nationals of Indian Origin as it is required for various administrative and legal processes overseas such as- 
  
  1. IMMIGRATION & VISA APPLICATIONS
   

• NABC for US Green Card (I-485 Filing)
• NABC for OCI Card Application- An NABC can be used to obtain an OCI Card in the same way a birth certificate would be used.
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• NABC serves as an immediate valid alternative to a birth certificate for filing a US green card with USCIS. An original NABC is required alongside other documents for I-485 filing.
• USCIS specifically requires either a birth certificate or an NABC — affidavits alone are insufficient
• Without an NABC, a green card application can be put on hold and an RFE (Request for Evidence) issued by USCIS
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• NABC for Immigration to US, Australia, Canada, UK & Other Countries- Australian, New Zealand, Netherlands, Canadian, and other immigration authorities request either an original birth certificate or an NABC to complete the legal process, without which, the immigration may not be permitted.
  
  2. PASSPORT & CONSULAR SERVICES-
   

• NABC for Indian Passport Renewal- An NABC serves as a substitute for a birth certificate in passport applications for those with unregistered births.
  
  3. PASSPORT & CONSULAR SERVICES-
   

• NABC for Indian Passport Renewal- An NABC serves as a substitute for a birth certificate in passport applications for those with unregistered births.
  
  4. MARRIAGE & PROPERTY INHERITANCE-
   

  • Perform and register marriage overseas- NABC acts as an important document in order to solemnise and register a marriage overseas and claim government benefits.

Property Inheritance- The process of claiming inheritance is long drawn and involves various documents to be submitted to the authorities. One such document is birth certificate in order to prove and claim inheritance rights. In its absence, NABC can help complete the legal process. 

Who Is Eligible to Apply for NABC in India?

The following individuals can apply for an NABC in India-

1. Persons born in India whether at home or a hospital.
2. People born in India but have renounced Indian citizenship.
3. People born in India having and Overseas Citizenship of India.

4. People born in India and residing overseas (NRIs).
   
   How to Get NABC in India — Step-by-Step Process

   Steps	Process	Details
   Step 1	Conduct a Records Search	Before applying for an NABC, a thorough search must be conducted at both the hospital and the Municipal Corporation to confirm that no birth record exists of the applicant.
   Step 2	Identify the Issuing Authority	In order to obtain an NABC, it is important to identify the authority where the application should be made and whether it has the jurisdiction and authority to issue the same. For example, in urban areas, the Municipal Corporation or Deputy Health Officer is responsible for issuing the NABC.
   Step 3	Submission of the Affidavit	A sworn affidavit should be provided in a few jurisdictions in addition to the application, as a proof of local representation and reasons for unavailability of the applicant in India.
   Step 4	Submission of the completely filled application with Documents	The application should be submitted with correct details and all the documents such as Aadhaar card, Passport, Voter ID, school certificate, hospital records, parents' ID proof, address proof etc.
   Step 5	Online vs Offline Application	Applicants can apply online via the Municipal Corporation website of the relevant state government. However, in certain areas, online services may not be available or may not be prompt.
   Step 6	Verification and Issuance	Once the documents are submitted, the application is processed by the authorities and the documents are scrutinised. Once the above process is completed, the NABC is issued. The timelines may vary between 4-6 weeks.

5. Key challenges faced by NRIs and Foreigners of Indian origin when applying for NABC in India-
   
   Obtaining a Non-Availability of Birth Certificate (NABC) from India can be surprisingly complicated for NRIs (Non-Resident Indians) and persons of Indian origin due to various factors as the process and department varies from state to state. Some of the few challenges faced by NRIs are as below-

6. Requirement of physical presence in India and local representation- The applicants are generally required to be present physically, in order to make the application before the authorities. If however, they are unable to be present in India, they must have some representative locally to represent them physically before the authorities and pursue the application.
7. Submission of Supporting Documents- Clear and legible copies of the supporting documents must be provided with the application. In some situations, the authorities may want to see the originals as well, to confirm veracity. 
8. Follow-up with the authorities and clearing any objections- Considering the work-load the authorities have, it becomes important to follow up on the application and clear any queries or doubts raised by the officials while processing the application.
9. Lack of standardization of process across States— The application process and requirement of documentary evidence varies from state to state, and city to city. While some may be willing to process the application with limited documents, some may request for some additional set of documents as well. Hence the process and requirements vary.
10. Language barrier — Some NRIs and foreign nationals may not be able to correspond efficiently with the officials in the vernacular or regional language. Such difficulty may arise in southern or western parts of India. Further, the NABC may be issued in regional/vernacular language, making it unusable for foreign immigration purposes without a certified translation.
11. Discrepancy with the spellings — Spelling differences between Indian school records and foreign passport may cause verification rejections. Hence, this may call for additional checks and rectifications.
12. Collection of NABC issued- Once the NABC is issued, it must be collected physically, which cannot be done without physical presence or local representation.
13. Attestation and Apostille Requirements- Once the NABC is issued, it must be attested and apostilled for it to be used in foreign countries. 

14. Magistrate court route — If the government authorities are not satisfied with the evidence of birth provided, and refuse to issue the NABC, an application must be filed with a First Class Magistrate. This being a cumbersome process also requires physical and local representation.
    
    NABC vs Birth Certificate — Key Differences-
     

15. Basis of distinction	Birth Certificate	NABC
    Meaning	A birth certificate is a document issued by authorities such as Municipal Corporation, Municipality, Gram Panchayat, Registrar of Births and Deaths of the jurisdiction concerned,   which act in accordance and under the provisions of the Registration of Births and Deaths Act 1969, stating the individual’s name, date & year of birth, place of birth, details of parents etc.	An NABC is a certificate stating that the birth record of a person is either not available or not to be found in the government records. It acts as a substitute proof of birth when the original birth certificate was never registered or cannot be found.
    Purpose	Confirms that the birth was registered	States that the birth record is either not available or not traced.
    Acceptance	Accepted world-wide as a proof of birth	Accepted in most cases, but in some cases additional documents may be required
    Requirement of Apostillisation	Required to be apostilled	Required to be apostilled
    Nature	Conclusive proof of birth	Used as a substitute for proof of birth
    Processing time	4 weeks appx	4-6 weeks appx

16. NABC and Apostille Requirement — What NRIs Must Know
    
    An NABC obtained in India must be apostilled by the Ministry of External Affairs before submitting it to the foreign authorities such as USCIS, UK Home Office, Australian DIBP etc. 
17. The process of apostillization in India has been completely outsourced to the authorised agents and partners of the MEA. Before approaching the MEA, the NABC must first be authenticated by the either the SDM (Sub-Divisional Magistrate) or the State Home Department. Once the NABC is authenticated, the application for appostillization must be submitted through the MEA’s authorised partners/agencies such as VFS Global, BLS International Services, IVS Global Services etc. along with a copy of passport and the processing fee.
18. The process typically takes 3-5 working days wherein the MEA affixes a apostille sticker which is the official seal and conclusive proof of apostillization. Apostillization makes the NABC valid in all Hague Convention countries and hence no further legalisation or attestation is required. 
    
    How a Legal Expert Can Help NRIs Obtain NABC Remotely from India?
    
    A lawyer or an attorney in India can assist in procuring an NABC from India on behalf of the applicant by-
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20. Filing of the application and submitting the documentary evidence as required on behalf of the applicant.
21. Liaising with the appropriate municipal authority based on the jurisdiction where the birth took place.
22. Follow ups and clearing of any objections if raised by the authorities.
23. Furnishing additional affidavits or proofs, if required by the authorities. 
24. Collecting the original NABC once issued by the authorities.
25.  Getting the NABC authenticated by the SDM and apostilled by the MEA.
26. End-to-end coordination without the applicant needing to travel to India.