A Statutory Declaration of Birth is a formal legal document in which a person (the declarant) solemnly and sincerely declares facts concerning the birth of another person (or their own birth) to be true. It is made before a person authorised by law to administer oaths in England and Wales — typically a solicitor, commissioner for oaths, or notary public — and is governed by the Statutory Declarations Act 1835, the Births and Deaths Registration Act 1953, and the Oaths Act 1978.

A Statutory Declaration of Birth differs from a birth certificate: a birth certificate is the primary official record of a birth registered with the General Register Office, whereas a Statutory Declaration of Birth is a secondary document used where a birth certificate is unavailable, cannot be located, or is insufficient for the purposes of the organisation requiring proof of birth. The declaration carries the full legal weight of a formal statutory declaration and is binding on the declarant, who is potentially liable to criminal prosecution for perjury under the Perjury Act 1911 if any statement in it is false.

The person making the declaration (the declarant) must have genuine personal knowledge of the birth facts being declared. This requirement distinguishes a Statutory Declaration of Birth from a mere written statement — the declarant must be a parent, sibling, grandparent, or other person with direct knowledge of the birth, not simply someone repeating second-hand information. This personal knowledge requirement is what gives the declaration its evidential value and makes it acceptable to government agencies, courts, and official bodies as proof of birth.

Statutory Declarations of Birth are used across England and Wales in a wide range of administrative and legal contexts, including passport applications, immigration proceedings, late birth registrations, probate matters, and identity verification. Our template is drafted in accordance with the prescribed form of words required by the Statutory Declarations Act 1835 and covers all essential information required by HM Passport Office, UK Visas and Immigration, and other official bodies.

A Statutory Declaration of Birth is needed in any situation where official documentary proof of birth is required but a birth certificate is unavailable, has been lost, or was never issued. It is also used where additional sworn evidence of birth is required to support or supplement an existing birth certificate.

The most common situations requiring a Statutory Declaration of Birth in England and Wales include:

Passport applications: HM Passport Office may require a Statutory Declaration of Birth made by a parent or other person with personal knowledge where an applicant's birth certificate cannot be produced. This is particularly common for first-time adult passport applications where the applicant was born before consistent birth registration practices, or where the original birth certificate has been lost or destroyed.

Late registration of birth: Under the Births and Deaths Registration Act 1953, births must be registered within 42 days. Where a birth was not registered within the prescribed period, a Statutory Declaration of Birth may be required by the General Register Office as part of the application to register the birth late.

Immigration and visa applications: UK Visas and Immigration (UKVI) frequently requires evidence of birth for visa applications, indefinite leave to remain applications, and British citizenship applications. A Statutory Declaration of Birth is accepted as supporting evidence where an official birth certificate cannot be obtained, particularly for applicants from countries with incomplete or destroyed civil registration systems.

Probate and estate administration: Where a deceased person's birth details are required for probate purposes or to establish entitlement to inherit under intestacy rules, and the birth certificate is unavailable, a Statutory Declaration of Birth by a person with knowledge of the birth may be required.

Identity verification: Banks, financial institutions, employers, and government agencies may request a Statutory Declaration of Birth as supporting evidence of identity where primary documentary evidence is insufficient or unavailable.

A properly drafted Statutory Declaration of Birth for England and Wales must contain several key elements required by the Statutory Declarations Act 1835 and accepted practice in English legal proceedings.

The identity and address of the declarant must be clearly stated. This includes the declarant's full legal name, full residential address including postcode, and occupation. The declarant must be a person with genuine personal knowledge of the birth facts — typically a parent, close family member, or person present at the birth.

The declarant's relationship to the subject and the basis of their personal knowledge must be set out clearly. The declaration must explain why the declarant has personal knowledge of the birth facts, for example because they are the mother and were present at the birth, or because they are a sibling who has direct knowledge of the family circumstances. This is a critical element that distinguishes a Statutory Declaration from an unsworn written statement.

The birth facts must be stated precisely and in detail. The declaration should include the full legal name of the person born, their date of birth in the DD/MM/YYYY format, the full place of birth (including hospital name, town, and county where applicable), the sex at birth, and the full names of both parents where known. Each fact should be stated clearly and in plain English.

The purpose of the declaration must be stated. The declaration should identify the specific purpose for which it is being made (for example, to support a passport application with HM Passport Office or to support an immigration application with UKVI).

The statutory formula and perjury warning are prescribed by the Statutory Declarations Act 1835. The declarant must declare that they are making the statement 'solemnly and sincerely' and must acknowledge the consequences of making a false declaration under the Perjury Act 1911.

The execution clause must record where, when, and before whom the declaration was made, together with the signature of the commissioner for oaths or solicitor.