If you have tried to get a late birth certificate in Mumbai this month, you may have been told to come back later. That is not just one office being slow. The law on delayed birth registration changed on 1 October 2026, and the new procedure is still being put in place. This note sets out what has changed, why applications are stuck, and what you can sensibly do in the meantime.
Key facts, 21 October 2026
- What changed
- From 1 October 2026, a birth registered more than two years late needs the order of a Judicial Magistrate First Class
- Delay of one to two years
- Order of the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate
- Position in Mumbai
- In practice, delayed registrations are on hold while the new procedure is settled
- BMC corrections
- Letters have gone out on 19,734 pending correction applications; documents are due by 30 October 2026
- Births registered on time
- Registration within 21 days of the birth is not affected
What changed on 1 October 2026
The Registration of Births and Deaths (Amendment) Act, 2026 was passed by the Lok Sabha on 31 July 2026 and by the Rajya Sabha on 4 August 2026. The Central Government notified 1 October 2026 as the date it came into force. It rewrites Section 13 of the Registration of Births and Deaths Act, 1969 for births reported more than a year late:
| How late the birth is reported | Who must order the registration |
|---|---|
| More than one year, up to two years | District Magistrate, Sub-Divisional Magistrate, or an Executive Magistrate authorised by the District Magistrate |
| More than two years | Judicial Magistrate First Class having jurisdiction over the area |
In both cases the authority must verify that the birth is correctly stated, and a fee is payable. Before this change, every registration more than a year late went to the revenue officers. In Maharashtra that usually meant the Tehsildar or the Sub-Divisional Officer. Most older births, the ones people need for passports, property and inheritance, are now in the court band.
For the full time bands and the documents usually asked for, see Delayed birth registration: new rules from 1 October 2026.
Why applications are stuck
The amended Section 13 leaves the verification and the fee to be prescribed. As of 21 October 2026 we have not found a published Maharashtra procedure for the new court band, or any direction on what happens to applications filed with a Tehsildar before 1 October. Until those are in place, offices have been reluctant to act, and people are being turned away or asked to wait.
Treat this as a pause, not a closure. The right to have a birth registered remains. What is missing is the working procedure.
Maharashtra had already tightened checks
The state had been scrutinising late certificates for some time before the central amendment:
- March 2025. The Revenue Minister told the Legislature that the procedure for delayed registration had been tightened, and that criminal action would follow if documents were found to be false.
- Late 2025. The Revenue Department said Aadhaar alone would no longer be accepted as proof of the date or place of birth. Officers were told to review delayed certificates issued without proper supporting records, cancel those that did not meet the legal requirements, and file police complaints where forgery was suspected.
So even once the new procedure is notified, expect close scrutiny of documents, especially for births many years old.
BMC birth record corrections: deadline 30 October 2026
Separately from new registrations, the BMC has kept 19,734 applications to correct birth records on hold where documents were missing or incomplete. It has written to the applicants at the address on their birth certificate. To take the correction forward, the applicant has to submit the old birth certificate, the application and valid supporting documents to the BMC office concerned by 30 October 2026. After verification, eligible applicants are to receive a fresh certificate with a QR code through the Civil Registration System (CRS). The BMC has said the original records have not been altered.
If you applied for a correction and received such a letter, do not wait for the new rules on delayed registration. This deadline is separate.
What you can do while you wait
- Collect documents made close to the birth. Hospital or maternity home records, the school leaving certificate or early school records, vaccination records, and the parents’ identity documents. The older the birth, the more weight these carry.
- Ask the ward registrar about a non-availability certificate. It records that the birth is not in the register, and both officers and courts ordinarily expect to see one.
- If you applied before 1 October, keep the acknowledgement. Check the status with the office where it is pending before filing anything fresh.
- Do not rely on Aadhaar alone as proof of the date or place of birth.
- Be wary of anyone promising a quick certificate for a fee. Certificates issued without proper verification are being reviewed and cancelled, and false documents can lead to criminal action.
Frequently asked questions
Is the BMC still registering new births?
Yes. The amendment deals with births reported more than a year late. A birth reported within 21 days is registered in the ordinary way through the CRS.
My birth was never registered and I need a passport. What now?
If the birth is more than two years old, registration now needs an order of the Judicial Magistrate First Class. Until the procedure is settled, gather your documents. The Passport Seva website lists other documents it accepts as proof of date of birth, so check those before waiting on a birth certificate.
I applied to the Tehsildar in September 2026. Is my application cancelled?
Not automatically, as far as we know. No published direction deals with pending applications yet. Ask the office where it was filed, and keep your acknowledgement and copies of every document.
Will Aadhaar be enough?
No. In Maharashtra, Aadhaar alone is no longer accepted as proof for a delayed registration. It can be one of several documents.
This practice is not taking up delayed birth registration matters at present. We will update this note once the procedure under the amended Act is published.
This note describes the position as understood on 21 October 2026. It is general information, not legal advice. Procedures are changing quickly, so confirm the current requirements with the office concerned before you apply.
Related
- Delayed birth registration: new rules from 1 October 2026
- Changing your date of birth in Maharashtra
- Spelling correction or name change?
- Malvani and Malad West: ward office, police station and courts