Loss of the original birth certificate – sworn affidavit as an alternative

Loss of the Original Birth Certificate in Germany: Statutory Declaration (Eidesstattliche Versicherung) as an Alternative

When a person loses their original birth certificate and finds it difficult or impossible to obtain an official replacement from their country of origin, German law provides an alternative solution: a statutory declaration (eidesstattliche Versicherung) to confirm the fact of birth and the person’s identity details. In certain situations, this declaration can be used as a temporary substitute document.

What is a statutory declaration (eidesstattliche Versicherung)?
It is a legally binding declaration submitted to a competent authority (usually the civil registry office – Standesamt – or a court) in which the person confirms the accuracy of the information they provide regarding their birth and identity.
The declaration is legally enforceable, and if false information is given, the person making the declaration may face criminal penalties for making a false statement under oath.

When is the statutory declaration used as a substitute for a birth certificate?

• When the original birth certificate has been lost and it is not possible to obtain a replacement from the country of origin.

• When there are no reliable or digital birth records in the country of birth.

• As a temporary solution while procedures to obtain an official replacement or additional documentation are ongoing.

Required steps to submit a statutory declaration

• Visit the civil registry office (Standesamt) or the competent court.

• Draft the declaration with the help of the responsible official or a lawyer, including precise details of the birth such as the date, place, parents’ names and other relevant information.

• Formally swear the declaration before the competent official.

• Have the declaration officially certified, so that it is accepted as a legal document.

• Use the declaration temporarily in official procedures, for example in residence permit or naturalization (citizenship) applications.

Advantages and limitations of the statutory declaration

Advantages:

• It can be used quickly when no other documents are available.

• It provides the authorities with an official temporary document to verify identity and birth details.

Limitations:

• It is not a permanent substitute, and in many cases an official birth certificate will still be requested at a later stage.

• The person may be required to provide additional evidence to support the declaration.

Important tips

• Be completely honest and accurate when making the declaration, as making a false statutory declaration is a criminal offence.

• Seek advice from a lawyer or legal advisor before starting the process.

• Maintain close communication with the civil registry office to ensure that the declaration is accepted in the relevant procedures.

Conclusion

The statutory declaration (eidesstattliche Versicherung) is a temporary, legally recognized solution in Germany when the original birth certificate has been lost and cannot be obtained. It serves to document birth details and personal data where the original document is temporarily unavailable. Accuracy, transparency and completeness in the declaration increase the likelihood of its acceptance and help to facilitate official procedures.

The website’s editorial and author team strives to provide accurate information based on thorough research and consultation of multiple sources when preparing articles. However, errors may occur or some information may be uncertain or not fully verified. Therefore, the information contained in the articles should be regarded as an initial, non-binding reference, and you should always consult the competent authorities to obtain definitive and officially confirmed information.