By Ern Phang, Solicitor & Notary Public
Director of Phang Legal. Solicitor since 1998 and notary public since 2005.
Example: the situation
Anika's son, Dev, was born in Westmead. The family is moving to Bengaluru, and Dev's new school asks for a copy of his birth certificate with an apostille. Anika needs Dev's original birth certificate for other things in Australia. Does she have to send it?
If someone in India asks for your child's Australian birth certificate, you should clarify whether they require the original certificate or will accept a copy. If they accept a copy, it usually means a notarised copy. Either option may still require an apostille. Let's discuss this in further detail.
Does your recipient require the original Australian birth certificate or a copy?
Your recipient in India must tell you of their requirements. It's not up to us. Sometimes, they might not know themselves (ie, they're just guessing), but whatever it is, you need to follow their instructions.
For most of our clients, their recipients usually ask for any of the following:
- A notarised copy. You bring the original birth certificate to our office, and our notary public will certify a copy. This means you keep the original certificate unmarked.
- A notarised copy with an apostille. After we notarise a copy of the birth certificate, the Department of Foreign Affairs and Trade (DFAT) issues an apostille. We'll talk about the apostille more a little later.
- An apostille on the original. DFAT issues the apostille on the original birth certificate.
What's an apostille and why is it important for India?
India and Australia are both members of the Apostille Convention. This means documents from Australia sent to India usually must have an apostille to be valid and officially recognised or accepted in India. Not every recipient in India will require the apostille though and chances are only recipients in official positions (like in a court or government office) will know what it is or expect/require it on documents.
If the recipient isn't familiar with the Apostille Convention requirements, they may ask for documents attested by the Indian High Commission or Consulate. That's a different process which we'll discuss in other articles in the future.
What happens if you send the original Australian birth certificate to India?
Once DFAT issues an apostille on the original birth certificate, and this is the certificate that you'll send to India, the chances are you're not going to get it back. That can be a problem because you'll need your child's birth certificate for other things in the future.
Even if it's returned to you, a birth certificate with an apostille usually means it's intended to be a single-use document (ie, to be used for the intended purpose that you had it issued with the apostille). Anyone else requiring the original birth certificate, especially if they require a clean unmarked certificate, might not accept it once it has been issued with the apostille.
Accordingly, if the recipient accepts a copy, we generally recommend either:
- apostille a notarised copy so that you keep the original unmarked and unaltered; or
- order a replacement certificate from the registry and send that to India with an apostille.
What do we recommend if you have to send an original Australian birth certificate to India?
If you must send an original Australian birth certificate to India, we recommend ordering a replacement certificate from the birth registry. For example, if the birth was recorded in New South Wales, you can apply for a replacement birth certificate from the NSW Registry of Births, Deaths and Marriages (updated July 2026).
DFAT can issue an apostille on an original replacement birth certificate without notarisation. This means you can use or send that replacement birth certificate while keeping the original birth certificate unmarked for future purposes.
What to bring to your appointment
- The original birth certificate issued by the registry (the one on security paper).
- Your current photo identification.
- Any instructions from the recipient in India.
If you want to notarise a copy, we make black and white copies on A4 in our office. If the recipient requires a colour copy, bring your own colour copy and our notary will compare it with the original.
If your certificate is damaged, worn or laminated, let us know before you come to your appointment. DFAT will reject a less-than-perfect original, so a notarised copy is often the safer route.
What next?
Example: the solution
Anika brought Dev's original birth certificate and her passport to our office. Our notary certified a copy, we arranged the apostille on the notarised copy, and Anika kept Dev's original birth certificate safe for when he needs it in the future.
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About Us
This blog is maintained by Phang Legal, a boutique law firm with offices in Parramatta and Rouse Hill. We help clients from across Sydney and beyond with personal, professional and timely Legal Services, Notary Services and Apostille Services.
As a leading provider of notary services in Sydney, we have 1k+ Google Reviews (4.9) (updated July 2026) with many clients happy to share their experience in using our services.
Phang Legal — Parramatta6/83 George Street
Level 3, 87 Marsden Street (from 1 March 2026)
Parramatta NSW 2150
Phang Legal — Rouse Hill
214/80 Main Street
Rouse Hill NSW 2155
Call 02 9687 8885 | WhatsApp | Request quote
About the author
Ern Phang — Solicitor & Notary Public
This article was written by Ern Phang, a director of Phang Legal, a solicitor since 1998 and a notary public since 2005.
Ern has been a member of the Society of Notaries of NSW since 2005, a Fellow of the Australian and New Zealand College of Notaries since 2013, and a member of the Law Society of New South Wales since 1998.
Ern regularly writes about his experiences as a notary public and the practical issues his clients face when sending documents from Australia to India and other countries all over the world.
Using information in this article
This article provides general information. Requirements, forms, fees and service arrangements may have changed since its original publication. Check the receiving organisation’s current requirements and obtain advice relevant to your circumstances.
