# Form DS-10: Proving U.S. Birth, No Record > Form DS-10 lets a passport applicant prove U.S. birth with no birth certificate. Who can sign it, what to submit, and how it works. - Source: https://carlosmaury.law/news/ds-10-birth-affidavit-passport-no-birth-certificate - Author: Carlos Maury Law - Published: 2024-10-01 - Topics: Form DS-10, birth affidavit, passport without birth certificate, delayed birth certificate, Letter of 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)](/resources/ds-10-birth-affidavit.pdf)** here, and always confirm the latest version and requirements at **[travel.state.gov/citizenship](https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html)**. ## 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](/contact). ## 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](https://travel.state.gov/content/travel/en/passports/how-apply/citizenship-evidence.html) and consult a qualified attorney about your specific situation. --- *General legal information from Carlos Maury Law — not legal advice. https://carlosmaury.law/news/ds-10-birth-affidavit-passport-no-birth-certificate*