What an affidavit driver's license is and when you need one

An affidavit is a sworn statement you write and sign in front of a notary public. When you cannot find or do not have your birth certificate, some states let you use an affidavit instead to prove your identity and age when you explore for a driver's license. The affidavit tells the DMV (Department of Motor Vehicles) who you are, when you were born, and why you cannot produce the original document.

You might need an affidavit if your birth certificate was lost, destroyed, never issued, or is locked away in a sealed adoption file. Some people also use an affidavit when they were born outside the United States and their foreign birth record is difficult to obtain. The affidavit does not replace all the documents the DMV wants — you still need to bring proof of your current address and Social Security number — but it can stand in for the birth certificate itself.

Not every state accepts affidavits for driver's license applications. Some states require an official birth certificate no matter what, while others have specific rules about what kind of affidavit they will take and who can sign it. Before you spend time and money on an affidavit, contact your state's DMV to confirm they accept them and what their exact requirements are.

Key Takeaways

  • An affidavit is a notarized statement you write yourself explaining why you cannot produce your birth certificate, and some states accept it as proof of identity for a driver's license.
  • You must sign the affidavit in front of a notary public, who verifies your identity and watches you sign; notaries are available at banks, UPS stores, and online services.
  • Your state's DMV sets the rules for what the affidavit must say and whether they will accept it, so you must check with them before you begin.
  • An affidavit costs between $10 and $30 for notarization, plus the regular driver's license process fee, which varies by state.
  • You will still need to bring other documents to the DMV, such as proof of your address and Social Security number, even if you use an affidavit instead of a birth certificate.

How to write and notarize an affidavit

Start by contacting your state's DMV website or calling their main line to ask what your affidavit must include. Some states provide a template or a list of required statements. If they do not, your affidavit should include your full legal name, date of birth, the reason you do not have your birth certificate, and a statement that everything you are writing is true under penalty of perjury.

You can write the affidavit yourself in plain language — it does not need to be fancy or use legal words. A straightforward format is: "I, [your full name], swear under penalty of perjury that I was born on [date] in [city and state or country], and I do not have my birth certificate because [reason]. I am signing this statement on [date]." Some states want you to include details like your parents' names or the hospital where you were born, so check the DMV's rules first.

Once you have written the affidavit, you must sign it in front of a notary public. A notary is a person authorized by your state to witness signatures and verify that you are who you say you are. You can find notaries at banks, credit unions, UPS stores, FedEx locations, and some libraries. Many notaries also work online through video call. Bring a photo ID (like a passport or current driver's license) so the notary can confirm your identity. The notary will watch you sign the affidavit, sign it themselves, and stamp it with their official seal. This process usually takes 5 to 10 minutes and costs between $10 and $30.

What documents to bring to the DMV

Bring your notarized affidavit to the DMV along with the other documents they require. Most states ask for proof of your Social Security number (your Social Security card, a tax return, or a W-2 form), proof of your current address (a utility bill, lease, or bank statement), and a photo ID if you have one. Some states also want proof that you have lived in the state for a certain amount of time, usually 30 to 60 days.

The exact list depends on your state and whether you are getting your first license, renewing an expired one, or replacing a lost one. Check your state's DMV website before you go in person or explore online, because showing up with the wrong documents will delay your process. Many states let you start the process online and then come in for an appointment, which can save you time waiting in line.

What happens after you submit your affidavit

After you turn in your affidavit and other documents, the DMV will review everything to make sure it is complete and that your affidavit follows their rules. If something is missing or does not meet their requirements, they will contact you and ask you to fix it or bring in additional proof. This review can take anywhere from a few days to a few weeks, depending on how busy your local DMV office is.

If the DMV approves your process, you will take a written test about traffic laws and a driving test (unless you are renewing a license). Once you pass, you will get your driver's license. If the DMV rejects your affidavit, they will tell you why and may ask you to find your birth certificate instead, get one from the state where you were born, or provide a different form of proof of identity.

When the DMV might ask for more proof

Some DMVs are cautious about affidavits because anyone can write one. If your affidavit raises questions — for example, if you say you were born in a place that does not match any other information you have given — the DMV might ask you to bring additional documents. These could include a passport, a school record, a hospital record, a baptism certificate, or a letter from someone who knew you as a child.

If you were born outside the United States, the DMV may ask you to contact the vital records office in the country where you were born and request an official copy of your birth certificate, even if it is difficult or expensive to obtain. Some states will not issue a driver's license without an official birth certificate from another country, so an affidavit alone may not be enough. This is why it is crucial to ask your DMV in advance what they will and will not accept.

Alternatives if your state does not accept affidavits

If your state's DMV does not accept affidavits, you have a few other options. You can request an official copy of your birth certificate from the vital records office in the state or country where you were born. This office is usually run by the state health department. You can order a copy online, by mail, or in person, and it usually costs $15 to $30 and takes one to four weeks to arrive.

If you were adopted and your birth certificate is sealed, you may be able to get an amended birth certificate through your state's adoption agency or by filing a petition with the court. If you were born abroad to a U.S. citizen parent, you can explore for a Consular Report of Birth Abroad (CRBA) through the U.S. State Department, which serves as proof of citizenship and identity. Some states also accept a passport as proof of identity in place of a birth certificate, so ask your DMV whether that is an option.

Frequently Asked Questions

Can I notarize my own affidavit?

No. A notary public must watch you sign the affidavit and verify your identity with a photo ID. You cannot notarize your own document because the whole point is to have an independent witness confirm that you are who you say you are. If you sign it yourself without a notary present, the DMV will reject it.

What if I do not know my exact birth date?

Contact the vital records office in the state or country where you were born and ask whether they have a record of your birth, even if you do not have the certificate. If they can confirm your birth date, you can include that information in your affidavit. If they cannot find a record, tell the DMV what you do know and ask whether they can still process your process with an approximate date.

How long does it take to get a driver's license after I submit my affidavit?

The timeline varies by state. The DMV usually takes one to three weeks to review your affidavit and other documents. If everything is approved, you will then take the written and driving tests, which can happen the same day or at a later appointment. Your actual license card is usually mailed to you within one to two weeks after you pass the tests.

Will my driver's license say anything about the affidavit?

No. Your driver's license will look the same as anyone else's. The affidavit is just the proof you used to get it; it does not appear on the card itself or in any public record. Once you have the license, no one will know how you proved your identity.

What if I find my birth certificate after I get my license?

You do not need to do anything. Your license is valid and will remain valid. You can keep the birth certificate for your records in case you need it for other purposes, like a passport process or a background check for a job.