On this page
The short answer
A delayed birth certificate in Odisha is obtained by first getting the birth registered late with the Registrar of Births and Deaths for the place where it happened: the urban local body in towns, and the health institution's Medical Officer in rural areas. Up to one year, the Registrar can register it with a late fee and an affidavit. Since 1 October 2026, a delay of one to two years needs an order of the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate, and a delay of more than two years needs an order of a Judicial Magistrate First Class.
The basic rule: register within 21 days
Anyone looking for a delayed birth certificate in Odisha first has to understand that a certificate can only be issued for an event that has been registered. Under the Registration of Births and Deaths Act, 1969 (RBD Act), every birth and death must be reported to the Registrar of the area where it happened within 21 days. Hospitals and nursing homes report births and deaths that take place there; for a home birth or death, the head of the household or the nearest relative must report it. If nobody reported the event in time, the remedy is delayed registration, not a fresh application for a certificate.
The certificate is called janma pramanapatra (birth certificate) or mrutyu pramanapatra (death certificate) in Odia. Since the 2023 amendment to the RBD Act, a birth certificate is the single document to prove date and place of birth for persons born on or after 1 October 2023, for school admission, a driving licence, voter registration, marriage registration and government jobs. That makes late registration of a child's birth more urgent than it used to be.
Who the Registrar is in Odisha
- Towns and cities: the Registrar is an officer of the urban local body: the Executive Officer of a municipality or NAC, or the health officer of a municipal corporation (for example the Bhubaneswar Municipal Corporation or Cuttack Municipal Corporation).
- Rural areas: registration is handled through the health system, with the Medical Officer in charge of the PHC, CHC or upgraded PHC acting as Registrar for the area.
- Online: births and deaths are recorded on the Civil Registration System (CRS). Odisha's portal is birthdeath.odisha.gov.in, and the national CRS portal is dc.crsorgi.gov.in. Many certificates can be searched and downloaded once the event is registered.
Always go to the Registrar for the place where the birth or death occurred, not where the family lives now. A birth at a Bhubaneswar hospital is registered with BMC even if the family's village is in Kendrapara.
Delayed registration: the four time slabs
Section 13 of the RBD Act sets out what is needed depending on how late the event is reported. The Registration of Births and Deaths (Amendment) Act, 2026 came into force on 1 October 2026 and changed the rule for very old events.
| Delay after the event | What is needed | Who decides |
|---|---|---|
| Within 21 days | Ordinary registration, no late fee | Registrar |
| 21 to 30 days | Late fee prescribed in the Odisha rules | Registrar |
| 30 days to 1 year | Written permission of the prescribed authority, late fee, and an affidavit with supporting documents | Registrar, with permission |
| 1 to 2 years | Order after verifying the event, and the prescribed fee | District Magistrate (Collector), Sub-Divisional Magistrate (Sub-Collector) or an Executive Magistrate authorised by the District Magistrate |
| More than 2 years | Order after verifying the event, and the prescribed fee | Judicial Magistrate First Class (JMFC) |
Between 2023 and 30 September 2026, all delays beyond one year went to the executive magistracy. The 2026 amendment sends delays beyond two years back to a judicial magistrate. If an application was already pending before a Sub-Collector on 1 October 2026, ask that office in writing whether it will still be decided there or must be filed afresh before the JMFC, because the amendment does not clearly address pending cases.
The late fees are small fixed amounts set by the state rules. Ask the Registrar for the current figure rather than relying on older lists found online.
Step by step: a birth or death more than one year old
- Get a non-availability certificate. Apply to the Registrar of the place of the event for a certificate that no entry exists in the register for that birth or death. This shows the court or magistrate that the event was never registered.
- Collect proof of the event. For a birth: hospital discharge papers, immunisation card, Anganwadi or school records, an early school certificate, or affidavits of parents and elders who know the facts. For a death: hospital records, the medical certificate of cause of death if any, cremation or burial ground receipt, and statements of relatives or neighbours.
- Prepare an affidavit stating the date, place and details of the event and why it was not registered in time. See how affidavits and notarisation work in Odisha.
- File before the right authority. For a delay of one to two years, apply to the Sub-Collector of the sub-division (or the officer the Collector has authorised). For more than two years, file a petition before the JMFC having jurisdiction over the place of the event; in Bhubaneswar and Cuttack this is a criminal court of the Magistrate's cadre, which registers it as a miscellaneous case.
- Verification. The authority must verify that the birth or death actually took place. It may call for a report from the Registrar or the police, or examine witnesses.
- Take the order to the Registrar. Once the order is passed, submit a certified copy with the fee. The Registrar then makes the entry and issues the certificate.
Keep copies of every document filed. A false statement in an affidavit or before a magistrate is an offence of giving false evidence under the Bharatiya Nyaya Sanhita, 2023.
Late death registration and the death certificate
Families often discover a missing death registration only when they need a legal heir certificate, a succession certificate, a pension or insurance claim, or mutation of land after the death of a recorded owner. The same time slabs apply. For a death in a hospital, the institution must issue the medical certificate of cause of death and report the death; for a home death in a village, the family must report it themselves. If the death was more than two years ago, plan for a JMFC petition and gather the cremation receipt and statements early.
Adding a child's name, and corrections
- Name not entered: a birth can be registered without a name. The child's name can be added later on a declaration by the parents, within the period and on the fee allowed by the rules. Ask the Registrar what applies in your case.
- Wrong entry: under Section 15 of the RBD Act, the Registrar can correct an entry that is wrong in form or substance, or cancel a fraudulent one, after enquiry. A spelling error is usually corrected on documents; a change of date of birth or parentage needs strong proof. For changing an adult's name in other records, see the planned guide on name change in Odisha.
- Appeal: the 2023 amendment added an appeal against an action or order of the Registrar to the District Registrar, and from the District Registrar to the Chief Registrar, within 30 days of the order.
Common reasons for delay or refusal
- Applying to the Registrar of the place of residence instead of the place of the event.
- Documents giving different dates of birth (school certificate, Aadhaar and family records that do not match).
- No independent proof of the event, only a self-serving affidavit.
- Filing before the Sub-Collector when the delay is over two years, which now has to go to the JMFC.
If you cannot afford an advocate for a magistrate petition, see free legal aid in Odisha. Courts and offices in each district are listed on the courts page, and related work is described under civil litigation.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ଜନ୍ମ ପ୍ରମାଣପତ୍ର | janma pramanapatra | birth certificate |
| ମୃତ୍ୟୁ ପ୍ରମାଣପତ୍ର | mrutyu pramanapatra | death certificate |
Frequently asked questions
How can I get a birth certificate after 1 year in Odisha?
The birth must first be registered. If it is between one and two years old, you need an order of the District Magistrate, Sub-Divisional Magistrate or an authorised Executive Magistrate; if more than two years, an order of a Judicial Magistrate First Class (since 1 October 2026). The Registrar then registers it and issues the certificate.
Where do I apply for a birth certificate in Bhubaneswar?
For a birth that took place within Bhubaneswar city, the Registrar is in the Bhubaneswar Municipal Corporation. Registered births can also be searched on the Odisha birth and death portal or the national CRS portal.
Is a magistrate order needed for late death registration?
Only if the death is reported more than one year after it happened. Up to one year, the Registrar can register it with a late fee and, after 30 days, permission and an affidavit.
What documents are needed for a delayed birth certificate?
Usually a non-availability certificate from the Registrar, an affidavit explaining the delay, and proof of the birth such as hospital papers, immunisation card, school records or statements of elders. The authority may ask for more.
Can I get a death certificate online in Odisha?
If the death has been registered, a certificate can often be downloaded from the Odisha portal or the CRS portal using the registration details. An unregistered death must first be registered with the Registrar.
What changed in birth and death registration from 1 October 2026?
The 2026 amendment requires an order of a Judicial Magistrate First Class for events registered more than two years late. Delays of one to two years remain with the executive magistrates.
Official sources
- Registration of Births and Deaths Act, 1969 (India Code)
- Birth and Death registration portal, Government of Odisha
- Civil Registration System (Office of the Registrar General of India)
- All India Radio News: Registration of Births and Deaths (Amendment) Act comes into force (1 October 2026)
- Kandhamal district administration: birth certificate service
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.