From 1 October 2026, a birth that was not registered within two years can be registered only on the order of a Judicial Magistrate First Class. Before the amendment, delays of more than one year were handled by the District Magistrate, the Sub-Divisional Magistrate or an Executive Magistrate authorised by the District Magistrate. The change comes from the Registration of Births and Deaths (Amendment) Act, 2026, and it affects anyone in Mumbai who needs a birth certificate for an old, unregistered birth, whether for a passport, school, property or inheritance.
Current position, 21 October 2026
In practice, delayed birth registrations in Mumbai are on hold. Since the amended law came into force on 1 October 2026, applications are not being processed while the procedure under the new provisions is put in place. Check with the ward registrar or the authority concerned before you apply. For more detail, including the BMC correction deadline of 30 October 2026, see why delayed registrations are on hold.
This practice is not taking up delayed birth registration matters at present. This note will be updated once the procedure is settled.
Key facts
- Registered 1 to 2 years late
- Order of the District Magistrate, Sub-Divisional Magistrate or Executive Magistrate, as notified
- Registered more than 2 years late
- Only on the order of a Judicial Magistrate First Class, from 1 October 2026
- Start early
- Court orders take time; begin well before you need the certificate for school, passport or property
The time bands at a glance
Section 13 of the Registration of Births and Deaths Act, 1969 now works like this:
| When the birth is reported | What is needed |
|---|---|
| Within 21 days | Ordinary registration, no fee |
| After 21 days, within 30 days | Late fee |
| After 30 days, within one year | Written permission of the District Registrar or other prescribed authority, the late fee, and a self-attested document |
| After one year, within two years | Order of the District Magistrate, Sub-Divisional Magistrate or an Executive Magistrate authorised by the District Magistrate, after verifying the birth, and the fee |
| After two years | Order of a Judicial Magistrate First Class, after verifying the birth, and the fee (from 1 October 2026) |
What changed, and why
The 2023 amendment to the Act, in force from 1 October 2023, had moved every registration more than one year late to the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate. The Registration of Births and Deaths (Amendment) Act, 2026 (12 of 2026) split that band in two. Delays of one to two years stay with those officers. Delays of more than two years now go to a judicial magistrate. The Central Government notified 1 October 2026 as the date of commencement.
The stated aim is a stricter, graded process, because late registrations had become a route to false documents. In Maharashtra, the Revenue Department had already tightened the process: a circular of 27 November 2025 said Aadhaar alone would no longer be accepted as proof for a delayed registration.
How the process usually runs in Mumbai
- Non-availability certificate. Obtain a certificate from the BMC registrar for the ward where the birth took place, stating that the birth is not registered. Courts and officers ordinarily expect to see it.
- Collect evidence of the birth. Hospital or maternity home records, the school leaving certificate, early school or vaccination records, and the parents’ identity documents. The older the birth, the more the officer or court will look for documents made close to the time.
- Affidavit. An affidavit of the parent or the person concerned setting out the date and place of birth and the reason it was not registered.
- Application to the right authority. Depending on the delay, to the District Registrar, the revenue magistrate, or the Judicial Magistrate First Class of the area where the birth took place.
- Verification and order. The authority verifies the facts and, if satisfied, directs the registrar to register the birth. The certificate is then issued by the registrar.
Frequently asked questions
My birth was in 1985 and never registered. Who do I apply to now?
For a birth more than two years old, from 1 October 2026 the order must come from the Judicial Magistrate First Class having jurisdiction over the place of birth.
I applied to the Tehsildar before 1 October 2026. What happens now?
That depends on the stage the application has reached and on any transitional directions issued. Check with the office where it is pending before filing afresh.
Can a name be added to a birth certificate later?
Yes, a child’s name can be entered after registration, within the period the rules allow. This is separate from registering the birth itself.
Is Aadhaar enough proof?
Not in Maharashtra for a delayed registration, following the Revenue Department’s circular of November 2025. It can be one of several documents, but not the only one.
This note describes the law as understood in October 2026, shortly after the 2026 amendment came into force. Procedures at individual offices may still be settling, so confirm the current requirements before filing. It is general information, not legal advice.