Are you trying to submit an OCI application for your child and notice you’re missing important original documents? No need to worry. Many parents feel anxious that their application will be denied. Luckily, there is a legal solution available to submit your application without any hurdles: the “Affidavit in Lieu of Originals for Minors.” In this guide, you will learn how this single document can eliminate all your worries and show you exactly how to prepare it correctly.

What is OCI affidavit in lieu of originals for minors?

An OCI Affidavit in Lieu of Originals is a formal, notarized document signed by a minor’s parents or legal guardians. It serves as a substitute for a required original document that is missing. In that case, you send photocopies alongside this specific notarized affidavit.

For Example: Rahul and Priya, who live in the US, are applying for their 5-year-old daughter’s OCI card. (You may also check (Document required for Daughter OCI)

As per the checklist, you need to submit Anaya’s Original US birth certificate to the VFS processing center. But the main concern starts here. Most parents are afraid that their child might get lost. So in this case, parents use an “Affidavit”.

What Rahul and Priya do?

• Rahul makes a photocopy of Ananya’s U.S. birth certificate.
• He fills out Ananya’s details on the “Affidavit in Lieu of Originals” form and leaves the signature lines empty.
• He and Priya go with the form and the original birth certificate to a Notary Public in a local bank or a UPS store.
• They sign the form in front of the notary, stating, “This is a real photocopy of the birth certificate. We have the original in front of us, and we are not telling a lie.”
• The notary signs and stamps the affidavit.

Key Features Of This Affidavit

• A Legal Substitute for Physical Documents
• Mandatory Parental Declaration
• Requires High Specificity

Eligibility Criteria For Using This Affidavit

• The OCI applicant must be under 18 years of age
• An original document required for the application is genuinely unobtainable.
• A clear and legible photocopy of the missing document is available.
• Both parents or the designated legal guardian must sign the affidavit.

Types of “In Lieu of Originals” affidavits used for minors

Here are the specific types of “In Lieu of Originals” affidavits used for minors during the OCI process:

The Standard Joint Parental Affidavit (Most Common)

Standard Joint Parental Affidavit applies when both parents are living, married, and living together. It is a consolidated statement.

• What it includes: It includes all the minor’s documents (Foreign Passport, Birth Certificate) as well as the parents’ documents (Indian Passports, Surrender Certificates, Naturalization Certificates).
• The Oath: Both parents together confirm that the original physical documents are in their custody and are kept safely at home and that the submitted photocopies are 100% true and correct.
• Signatures: This is to be signed by Mother and Father, together in front of the Notary Public.

Single Parent / Sole Custody Affidavit

These cases are used by parents when a single parent is raising a minor child due to a legal divorce, separation, or due to one parent no longer being alive.

• What It Covers: This affidavit requires the applying parent to declare that the information provided is true and correct, and that any false statement may result in legal consequences. It also offers a legal declaration that the applying parent is the only parent with legal custody of the minor child.
• The Oath: “I swear these photocopies are true to the originals, and I am legally allowed to sign this on behalf of my child without a second parent’s signature because I have sole legal custody.”
• Signatures: The affidavit only requires the signature of the applying parent. The legal court order or death certificate must accompany the affidavit to verify the reason for the lack of the second signature.

The “One Parent Abroad” / Separate Notarization Affidavit

In this situation, both parents are happily married and working as a team, but one parent is living in another country or state while the form is being filled out. For example, the father is living in India/UK, and the mother and child are living in the USA.

This is how the whole process works. VFS requires a multi-step process for both parents’ document consent. If you cannot meet with the same notary as a team, you cannot use a standard joint affidavit.

This is the process we identified to solve the problem. The parent who is with the child will fill out the principal “In Lieu of Originals” affidavit and get it notarized. The parent living in another country will get a parallel affidavit or consent declaration notarized at the nearest Indian Embassy or local notary in the country where he is living, swearing to the same facts as the other parent. The final VFS application will include both notarized affidavits.

Understand in short

Note: VFS Global will instantly flag and reject an application if a standard joint form is uploaded but only has one parent’s signature without the accompanying legal custody documents.

How to Apply for OCI affidavit in lieu of originals for minors?

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Conclusion

The “oci affidavit in lieu of originals for minors” is a necessary and practical tool. It’s designed for genuine situations where documents are gone for good. Success with this affidavit comes down to three things: honesty about the situation, precision in the details, and proper notarization. It’s not a shortcut but a recognized solution for a common documentation problem that parents face when proving their child’s eligibility for OCI status. It ensures that a lost piece of paper from the past doesn’t stop a child’s future connection.

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