Form DS-10: Proving U.S. Birth, No Record

Not everyone born in the United States has a birth certificate — some were never issued one, and others had theirs filed long after birth. When that happens and you need a U.S. passport, the State Department provides a solution: Form DS-10, Birth Affidavit. This guide explains what the form does, who can sign it, and what to file with it.

This is general information, not legal advice, and government forms change. You can download the current Form DS-10 (PDF) here, and always confirm the latest version and requirements at travel.state.gov/citizenship.

When the DS-10 is used

Form DS-10 is used when:

• No birth certificate exists for a person born in the United States, or
• A U.S. birth certificate was filed more than a year after birth (a "delayed" birth certificate situation).

In plain terms, it's a sworn statement that helps prove where and when you were born when the usual primary document is missing. The current edition is DS-10 (10-2024).

Who signs it: the "affiant"

The person who fills out and signs the DS-10 is called the affiant — and it is not the passport applicant. The affiant must be someone with personal knowledge of the applicant's birth, such as:

• A close blood relative (for example, an older parent or sibling), or
• A person who was personally involved in the birth (for example, the attending physician).

Key rules for the affiant:

• They must remember and explain the birth in detail.
• They must submit a clear photocopy (front and back) of valid government-issued photo ID.
• They must sign in front of a passport agent, passport acceptance agent, or notary — and the signature date must match the date the agent/notary signs.

(An affidavit is simply a signed written statement that the affiant swears or affirms is true. A written statement containing all the same information can be used in place of the form.)

What the passport applicant submits

The DS-10 doesn't stand alone. According to the State Department, the passport applicant should generally submit:

• Early public records — such as a baptismal certificate, hospital birth record, or early school records.
• A delayed birth certificate or a Letter of No Record (a statement showing no birth certificate is on file).
• Form DS-10, Birth Affidavit, completed and signed as described above.
• Form DS-11, Application for a U.S. Passport.

Birth certificates and Letters of No Record come from the vital records office in the state where you were born — request copies at the time you execute the affidavit.

A warning worth taking seriously

The form carries an explicit warning: false statements made knowingly and willfully in passport applications — including affidavits — are punishable by fine and/or imprisonment under federal law (18 U.S.C. §§ 1001, 1542, 1621, and related provisions). Everything submitted is subject to verification. Only sign a DS-10 if the information is true and within your personal knowledge.

Why this matters

For people who were born in the U.S. but lack a birth certificate — common for older individuals, home births, or births in areas where records weren't reliably kept — the DS-10 can be the difference between getting a passport and being stuck. Done correctly, with the right supporting records, it provides the State Department a credible basis to confirm a U.S. birth.

How we can help

Questions about proving U.S. citizenship and birth sit at the intersection of immigration and citizenship law, and the documentation can be tricky — especially when records are missing or were created late. As a firm led by a former U.S. Immigration Judge, we help individuals and families assemble the right proof of citizenship and navigate related immigration matters. If you're unsure how to document your status, contact us.

Frequently asked questions

What is Form DS-10?

Form DS-10, Birth Affidavit, is a U.S. State Department form used to help prove a person's U.S. birth for a passport when no birth certificate exists or it was filed more than a year after birth.

Who can fill out a DS-10?

The "affiant" — a person with personal knowledge of the applicant's birth, such as a close blood relative (an older parent or sibling) or someone present at the birth, like the attending physician. It is not filled out by the passport applicant.

Does the DS-10 have to be notarized?

The affiant must sign the form in front of a passport agent, passport acceptance agent, or notary, and submit a copy of their valid government-issued photo ID. The signature dates must match.

What else do I need besides the DS-10?

Generally early public records (baptismal, hospital, or school records), a delayed birth certificate or Letter of No Record, the DS-10, and Form DS-11 (the passport application).

This article is general legal information, not legal advice, and does not create an attorney–client relationship. It does not guarantee any outcome. Forms and requirements change; confirm the current edition and instructions at travel.state.gov and consult a qualified attorney about your specific situation.