Although Changing the age of birth certificate is prohibited; But under certain conditions, people can legally change their birth certificate age and reduce or increase it. In this article, we will examine the legal procedures for age change and we will also see the limits of increasing or decreasing the birth certificate age.
Is it possible to change the birth certificate age?
For various reasons, the date of birth entered in the birth certificate of people may not match with their actual date of birth. For example, using a deceased sibling’s birth certificate is one of the most common reasons why people have a birth certificate with a date of birth several years earlier than the actual date of birth.
Also, the mistake of the registrar when issuing the birth certificate is another reason for the difference between the age on the birth certificate and the real age. But is it possible to eliminate this difference and change the date of birth in the birth certificate? According to the law, it is forbidden to change the age of birth certificate. In the single article of age change approved on February 2, 1367, it is stated that:
According to the single article of the Law on Preserving the Validity of Registry Documents and Preventing Their Destabilization, approved by the Islamic Council, it is forbidden to change the date of birth of individuals.
At first glance, it seems that according to this legal article, it is impossible to change the age on the birth certificate; But it is good to know that under certain conditions, the owner of the birth certificate or his legal guardian can change the age.
If there are necessary conditions to modify the birth certificate, according to the law, the birth date of the birth certificate can be changed, and this can be done for each person only once in his lifetime. This issue is considered one of the cases of birth certificate correction, where birth certificate correction lawyers can help you in the process of the case to achieve the desired result.
The legal way to reduce or increase the age on the birth certificate depends entirely on the difference between the actual age and the age on the birth certificate. Because to amend birth certificates in which the difference between the person’s actual age and the age on the birth certificate is more than five years. A different path is considered; But for those whose actual age is less than five years different from the age on the birth certificate, the law is less strict and has designed a separate path. In the rest of this article, we will explain both paths.
Changing the age of birth certificate more than five years
If the owner of the birth certificate claims that his real age differs by more than five years from the age on the birth certificate, the truth of this issue must be checked by a special commission called age diagnosis. This five-person commission will be formed at the registry office where the birth certificate is issued.
For people whose birth certificate was issued outside of Iran, the commission based in Tehran will form a commission. In order to start the legal process of age change with a difference of more than five years, the owner of the birth certificate or his legal guardian must complete a written request in the form of the form provided and deliver it to the secretariat of the commission along with a copy of the birth certificate and a photo.
Then the secretariat of the commission registers the request for age change in the birth certificate and gives the receipt to the owner of the birth certificate. After the approval of the head of the registration office and the commission to hold a meeting of the five-member commission, a specific time will be determined for the commission. The owner of the birth certificate can also attend the meeting of the age determination commission and express his statements.
After examining the relevant documents and listening to the statements of the owner of the birth certificate or his legal guardian, the commission will announce the end of the proceedings. The decision is presented in three versions. Also, the commission may determine that the owner of the birth certificate should be referred to a forensic doctor for a more detailed examination and age determination, so that the final decision can be announced after that.
Note that it does not matter if you intend to reduce or increase age. In any case, if the difference between your actual age and the age on your birth certificate is more than five years, the legal path is the same as we explained above.
After the announcement of the commission’s decision and if the applicant’s request is approved, the registration of the commission’s decision will be implemented. in such a way that a new birth certificate is delivered to the applicant by changing the date of birth; But if the commission disagrees, it is possible to appeal the decision in the Court of Administrative Justice. Of course, this is not an easy task and you will definitely need the help of a professional lawyer in this field.
Changing the age of birth certificate less than five years
So far, we have explained the legal steps to change the age for those whose actual age is more than five years old with the age of the birth certificate. But for those whose actual age is less than five years different from the birth certificate age, the legal procedures for changing the date of birth are different, which we explain here. Whether you intend to increase the age or decrease the age in less than five years, it is necessary to submit your request to the public court of your place of residence along with court-friendly evidence.
Please note that for people whose real age and birth certificate age difference is more than five years, the reference authority is the registry office where the birth certificate is issued. If this dispute is less than five years, the jurisdiction will be the general court of the place of residence. In this case, you will not need to refer to the city where the birth certificate is issued.
After reviewing your request, the public court will vote to amend the birth certificate and change the date of birth if your evidence is sufficient and convincing to prove the age difference. Then the court’s decision will be communicated to the registration organization and the date of birth will be corrected in the birth certificate.
The legal way to change the age in the birth certificate
As we have mentioned so far, the legal way to change the age in the birth certificate depends on the difference between your actual age and the age stated in the birth certificate:
- If the difference between the actual age and the age on the birth certificate is more than 5 years: in this case, to start the legal process, you must go to the registry office where the birth certificate was issued and request the formation of an age determination commission. People whose identity documents were issued outside of Iran should refer to the commission located in Tehran. After the formation of the age detection commission, your documents and statements will be checked by the members of this five-person commission and if necessary, they will refer the applicant to the forensic doctor for a detailed examination. Finally, if the commission’s opinion is positive, a new birth certificate will be issued with a modified date of birth. If a negative decision is issued, your records will be recorded in the file and you will no longer be able to apply for the age determination commission again. Of course, there is a possibility of appeal to the Administrative Court of Justice, which we will examine further.
- If the difference between the actual age and the age on the birth certificate is less than 5 years: in this case, you will have a relatively easier path to correct the birth certificate. It is enough to go to the electronic office of judicial services and set up your petition for the general court of your place of residence and submit the necessary documents. After reviewing the documents and verifying the authenticity of your claim, the court will give the order to amend the birth certificate and the registration organization will follow this order.
The benefits of having a lawyer in the case of changing the age on birth certificate
Since the request to change the age in the birth certificate is only possible once in a lifetime. It is better to make sure that you follow this request properly so that you can achieve the desired result. Because even if the age detection commission does not agree with your request, you will never be able to register a new request for the formation of the commission. In this case, your only solution will be to refer to the Administrative Court.
In this regard, the experienced and professional lawyers of Dadista International Law and Arbitration Institute will be with you. They follow up the case of amending the birth certificate in a principled way so that you can get the positive vote of the age determination commission or the public court.
Even if the age determination commission announces a negative vote in the registration of cases, you can appeal the decision through the Administrative Court of Justice. Naturally, the legal procedures of the age change case in the birth certificate in the Administrative Court of Justice will be much more complicated. Without using the services of an experienced registration attorney in this field, you will have a difficult time getting your application through.
For this reason, it is recommended that even if you did not get help from a lawyer specializing in the modification of birth certificate in the initial application stage. Be sure to do this at the appeal stage to the Administrative Court of Justice so that you don’t miss your last chance to bring the case to a conclusion.