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Old 15.07.2010, 14:23
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How to get an Indian birth certificate for my wife

Hi, we are in the process of trying to get a birth certificate for our daughter that was born in Zurich last month. My wife and I are both american though my wife was born in india. My paperwork is all in order but the authorities are unwilling to accept my wife's birth certificate. It was obtained a few years ago and translated/notarized in india. On top of that we are due to leave Switzerland by september so under some time pressuer to get this birth certificate issued so that we can get our daughter a US passport.

Has anyone dealt with this issue of getting a birth certificate from india that meets the requirements of what the local authorities need in order to get the birth certificate?

any help greatly appreciated.

thanks,
JB
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Old 15.07.2010, 14:28
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Re: How to get an Indian birth certificate for my wife

Yes, we researched this before our kid was born, and requested our family in India to get us our birth certificates re-issued from there. Took a couple of months, but then we were ready to apply for the birth certificate once our daughter was born.
All I can suggest is: either request any family that you might have in India (They will have to do the rounds of the municipal office in the town/city/state that your wife was born in, or use one of these agencies who do this:

https://yourmaninindia.com/
http://www.saharacarehouse.com/birth...ate_india.aspx
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  #3  
Old 15.07.2010, 14:29
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Re: How to get an Indian birth certificate for my wife

Hum, a difficult question. As you are both US American, will the US Embassy
give you a US birth certificate for your daughter?



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Old 15.07.2010, 14:36
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Re: How to get an Indian birth certificate for my wife

thanks, unfortunately the first thing the US embassy requires is a local Swiss birth certificate
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Old 15.07.2010, 14:41
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Re: How to get an Indian birth certificate for my wife

thanks sankbhat, a few questions?
1) were there any special requirements for the birth certificate in terms of information that needs to be on it such as the names of both mother and father?
2) did you need to have it translated and notarized into english or german?
3) did you need it certified by the indian authorities?
4) did you need it certified by the swiss authorities?

the letter the zivilstandsamt sent me is not clear as to what exactly they need on this and the people I have spoken with are not clear either for some reason.
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Old 15.07.2010, 14:46
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Re: How to get an Indian birth certificate for my wife

Well, it needs to be not more than 6 months old from date of issue. I think they need the parents name on it, though I read somewhere on this forum (search the older threads, this has been discussed) that sometimes the authorities waive that.
We did not have to get in notarized or translated since the certificates were issued in local language and English (it is generally normal practice in India these days).
The Zivilstandsamt has an internal procedure to check authenticity etc. though, but you dont have to do anything there.
If you know German, I would suggest you call them up once, they are generally friendly and will answer your questions.
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Old 15.07.2010, 14:47
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Re: How to get an Indian birth certificate for my wife

thanks for the info sankbhat
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Old 15.07.2010, 15:14
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Re: How to get an Indian birth certificate for my wife

If a verification is demanded, to my knowledge it happens one of two ways.
1 - you submit the certificate here, and the gemeinde charges a few hundred francs to get it verified via the Swiss embassy in India
2- via an agent in India, get the certificate legalized in India (home ministry of the state government where its issued + apostile from the central ministry of external affairs) and submit it to the Swiss embassy in India, which then sends it to your gemeinde.

The 2nd one is the cheaper option for sure, and no idea which one is faster. For the 2nd option I am not sure about how one would go submitting it to the Swiss embassy.
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Old 15.07.2010, 15:14
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Re: How to get an Indian birth certificate for my wife

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Well, it needs to be not more than 6 months old from date of issue. I think they need the parents name on it, though I read somewhere on this forum (search the older threads, this has been discussed) that sometimes the authorities waive that.
We did not have to get in notarized or translated since the certificates were issued in local language and English (it is generally normal practice in India these days).
The Zivilstandsamt has an internal procedure to check authenticity etc. though, but you dont have to do anything there.
If you know German, I would suggest you call them up once, they are generally friendly and will answer your questions.
How can you get a birth certificate"not more than 6 months old " for someone who was born say 30 years ago? This is lunacy!

Is is not enough if you produce the original birth certificate? If the < 6 months old is a must the everyone must always get a copy issued even if they have the original! That doesnt sound right?
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Old 15.07.2010, 15:16
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Re: How to get an Indian birth certificate for my wife

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How can you get a birth certificate"not more than 6 months old " for someone who was born say 30 years ago? This is lunacy!
Welcome to the world of Swiss bureaucracy!
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Old 15.07.2010, 15:41
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Re: How to get an Indian birth certificate for my wife

thanks for the replies

spoke offline to someone who said similar to some of the replies

1) get a birth certificate from the local indian authorities
2) get the doc attested by the home ministry in the state where my wife was born
3) get the doc attested by the MEA in Delhi
4) turn in this doc to the zivilstandsamt and they will then send it to the Swiss embassy in Delhi for final confirmation, then they send it back and the requirement is then fully met

he said he used SaharaCare for the service and they were able to take care of everything
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Old 15.07.2010, 17:47
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Re: How to get an Indian birth certificate for my wife

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How can you get a birth certificate"not more than 6 months old " for someone who was born say 30 years ago? This is lunacy!
You go to the registrar or equivilent and ask for a copy? It's not as mad as it sounds - the emphasis is on the reliability of the document and by producing a recent copy there is more of a chance that you haven't got someone elses.

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Is is not enough if you produce the original birth certificate? If the < 6 months old is a must the everyone must always get a copy issued even if they have the original! That doesnt sound right?
It is right though .
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Old 15.07.2010, 19:38
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Re: How to get an Indian birth certificate for my wife

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Well, it needs to be not more than 6 months old from date of issue. I think they need the parents name on it, though I read somewhere on this forum (search the older threads, this has been discussed) that sometimes the authorities waive that.
We did not have to get in notarized or translated since the certificates were issued in local language and English (it is generally normal practice in India these days).
The Zivilstandsamt has an internal procedure to check authenticity etc. though, but you dont have to do anything there.
If you know German, I would suggest you call them up once, they are generally friendly and will answer your questions.
To throw a spanner in the works: a British Embassy employee in Munich told me that a stamped certificate has a limited life span, but a certificate with a seal (Embossed using a metal die) is unlimited. She told me most European countries don't know this difference.

So if someone is telling you the need to get a new certificate, and it has a seal, then ask them to call the Indian or British Embassy for an explanation, or ask to see their superiors, many bureacrats make up their own rules!

http://india.gov.in/outerwin.php?id=http://ndmc.gov.in

Last edited by Ittigen; 15.07.2010 at 22:23. Reason: response to a comment by Swissbob
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Old 15.07.2010, 20:44
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Re: How to get an Indian birth certificate for my wife

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thanks for the replies

spoke offline to someone who said similar to some of the replies

1) get a birth certificate from the local indian authorities
2) get the doc attested by the home ministry in the state where my wife was born
3) get the doc attested by the MEA in Delhi
4) turn in this doc to the zivilstandsamt and they will then send it to the Swiss embassy in Delhi for final confirmation, then they send it back and the requirement is then fully met

he said he used SaharaCare for the service and they were able to take care of everything
This process is called as "Legalization" in India. Every Indian person who comes to Switzerland as a dependent requires to get the documents (marriage certificate in case of wife, birth certificate for child) legalized.

For the IT people working on projects in Switzerland, it is done by the their Indian employers so I can't give any links whom to contact to.
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Old 15.07.2010, 21:31
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Re: How to get an Indian birth certificate for my wife

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To throw a spanner in the works: a British Embassy employee in Munich told me that a stamped certificate has a limited life span, but a certificate with a seal (Embossed using a metal die) is unlimited. She told me most European countries don't know this difference.

So if someone is telling you the need to get a new certificate, and it has a seal, then ask them to call the Indian or British Embassy for an explanation, or ask to see their superiors.

http://india.gov.in/outerwin.php?id=http://ndmc.gov.in
Can't see it matters - the Swiss want what the Swiss want - why would they care what other country's embassies say?
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Old 16.07.2010, 07:17
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Re: How to get an Indian birth certificate for my wife

Bribe the fellas in India and it should be done in a weeks time... Without proper financial motivation, it might take ages to get a document from India...
Hope this helps...
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Old 16.07.2010, 14:16
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Re: How to get an Indian birth certificate for my wife

thanks again for the replies...update...

zivilstandsamt now tells me that they can sort of work with my wife's older birth certificate and notarized translation that is 5 years old although they will issue a birth certificate for our daughter that does not include the grandparents names ... apparently they seem to be a bit more accomodating since I made a big fuss about it...all seems a bit arbitrary but I'll take it

also what is interesting is that i did a bit of digging and I'm not a lawyer but apparently both India and Switzerland are signatories of the "Hague Convention of 5 October 1961 abolishing the requirement of legalization for foreign public documents". This in theory should mean that should anyone from india comply with 1-3:
1) get a birth certificate from the local indian authorities
2) get the doc attested by the home ministry in the state where my wife was born
3) get the doc attested by the MEA in Delhi

then number 4:
4) turn in this doc to the zivilstandsamt and they will then send it to the Swiss embassy in Delhi for final confirmation, then they send it back and the requirement is then fully met

is not required since the Indian MEA in Delhi is a "Designated Competent Authority" meaning that once they sign off on a public document originating in India according to this international convention there is absolutely no reason why the Swiss authorities need to send it back to the Swiss embassy in India for further verification ... let alone the need to charge CHF900 for that. I would argue that they are blatantly violating the convention...again I'm not a lawyer but it seems pretty clear based on what is available on the website, http://www.hcch.net/index_en.php?act...display&tid=37

hopefully this is the end of the story
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Old 07.08.2010, 19:16
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Re: How to get an Indian birth certificate for my wife

Hello,

Im going thru something similar as you are. I read the forum yesterday and found this:

18.07.2010, 17:45
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Re: birth certificate for new born - Zurich
Switzerland is a signatory to UN charter to human rights. Every canton is obliged to issue a birth certificate to every child born in Switzerland without any demands from the parents. This is irrespective of nationality, immigration status, whether legally or illegally in Switzerland.

This is the human right of the child.

Swiss authorities repeatedly break this law as most foreigners are very ill informed and the Swiss authorities make advantage of this as part of their institutionalized harassment to decent hard working foreigners.

Anyone having any such difficulty should challenge the local authority if a birth certificate is denied or delayed due to parents birth certificates or any other reasons.

There are many cases where parents have successfully challenged the Births/Deaths Registrar by writing a formal letter stating their legal obligation to issue a birth certificate. Of course these are never published or made available public.

Anyone who is going through the process of identity investigation that costs signification sums of money can ask for the money back.

There are several human rights lawyers in Switzerland who can help you draft a letter or even write a letter on your behalf to the Bern. This will cost you CHF 300. This money is worth spending, as least you will have your human dignity back.



I have contacted a lawyer yesterday to contact the local authorities and see what to do next. This is insane, to get a birth certificate for our children we need our birth certificate.

Maria
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Old 28.03.2011, 11:01
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Re: How to get an Indian birth certificate for my wife

Hi There

What was the result of contacting the lawyer?

Thanks in advance.

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Hello,

Im going thru something similar as you are. I read the forum yesterday and found this:

18.07.2010, 17:45
englishbuddy
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Re: birth certificate for new born - Zurich
Switzerland is a signatory to UN charter to human rights. Every canton is obliged to issue a birth certificate to every child born in Switzerland without any demands from the parents. This is irrespective of nationality, immigration status, whether legally or illegally in Switzerland.

This is the human right of the child.

Swiss authorities repeatedly break this law as most foreigners are very ill informed and the Swiss authorities make advantage of this as part of their institutionalized harassment to decent hard working foreigners.

Anyone having any such difficulty should challenge the local authority if a birth certificate is denied or delayed due to parents birth certificates or any other reasons.

There are many cases where parents have successfully challenged the Births/Deaths Registrar by writing a formal letter stating their legal obligation to issue a birth certificate. Of course these are never published or made available public.

Anyone who is going through the process of identity investigation that costs signification sums of money can ask for the money back.

There are several human rights lawyers in Switzerland who can help you draft a letter or even write a letter on your behalf to the Bern. This will cost you CHF 300. This money is worth spending, as least you will have your human dignity back.



I have contacted a lawyer yesterday to contact the local authorities and see what to do next. This is insane, to get a birth certificate for our children we need our birth certificate.

Maria
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Old 02.05.2014, 10:43
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Re: How to get an Indian birth certificate for my wife

I called the Office of the United Nations High Commissioner for Human Rights (OHCHR) to ask if I can challenge the Swiss authorities based on the information provided in this thread. I was told that since these are documents specified as per Switzerland's foreign policy they are unable to interfere unless we are denied the birth certificate despite submitting required documentation.

http://www.ohchr.org/EN/AboutUs/Pages/ContactUs.aspx
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