Exactly what kinds of birth records does Hawaii provide?
Posted by Mijgreb on Thursday, February 05, 2009 12:00:00 AM
Generally, folks don’t know that Hawaii law, even in 1961, provided for multiple kinds of birth records, most of which are not what people think of when they think of birth certificates. The following is a description of those, including certificates for people not born in Hawaii. Go figure!
1. In the State of Hawaii, back in 1961, there were three different birth certificates that were obtainable:
a. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
b. In 1961, if a person was born in Hawaii but not attended by a physician or mid wife, then, up to the first birthday of the child, an adult could, upon testimony, file a “Delayed Certificate”, which required endorsement on the Delayed Certificate of a summary statement of the evidence submitted in support of the acceptance for delayed filing, which evidence must be kept in a special permanent file. The statute provided that the probative value of the Delayed Certificate must be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. (See Section 57-18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
c. If a child born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult including the subject person) if the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year. (See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
2. In 1982, the vital records law was amended to create a fourth kind of birth certificate for children born outside of the Territory or State of Hawaii. HRS Chapter 338 was amended to add a new section authorizing the Director of the Department of Health to issue a birth certificate for a person NOT born in Hawaii either as a Territory or State, upon sufficient proof that the legal parents of such individual had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth of such child.
3. The language of the statute clearly applies to births in the days of the Territory of Hawaii, so also births in 1961.
4. A press release concerning numerous questions raised across the country as to whether or not Obama was a natural born citizen was issued on October 31, 2008 by the Hawaii Department of Health by its Director, Dr. Chiyome Fukino.
5. In that very carefully worded press release, Dr. Fukino said that she had “personally seen and verified that the Hawaii State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.”
6. The intentional ambiguity of that statement raises more questions that it answered.
7. That statement failed to resolve any of the questions being raised by litigation across the country over the issue of Obama’s birth and qualifications for the office of the President of the United States, including:
a. The specific type of certificate was not identified. Could it be the certificate for someone born outside of the State of Hawaii?
b. Being “on record” could mean either that its contents are in the computer database of the department or an actual “vault” original. If the latter, those are the words used to describe what is there. The data base record could have been entered based on a birth record for someone born outside of Hawaii.
c. Therefore, the value as prima facie evidence is limited and easily overcome if any of the allegations of substantial evidence of birth outside Hawaii can be obtained and verified with a Court Order.
8. It should also be noted that in the face of all this litigation, the simple presentation of Obama’s vault birth records would put the questions to rest.
9. Obama has not taken this approach to a single one of the cases, but instead has hired legal counsel across the country at no small expense to defend the claims with motions to dismiss on standing and similar procedural grounds.
10. Such response to the request for proof that he is qualified to serve as President of the United States of America only serves to raise more questions about this election.
Read or Glance at many of the Laws on Hawaii Statutes:
or complete list of laws
§338-5 Compulsory registration of births. Within the
§338-6 Local agent to prepare birth
§338-15 Late or altered certificates. A person born in the State may file or amend a certificate after the time prescribed, upon submitting proof as required by rules adopted by the department of health. Certificates registered after the time prescribed for filing by the rules of the department of health shall be registered subject to any evidentiary requirements that the department adopts by rule to substantiate the alleged facts of birth. [L 1949, c 327, §19; RL 1955, §57-18; am L Sp 1959 2d, c 1, §19; HRS §338-15; am L 1972, c 66, §1(1); am L 1997, c 305, §2]
Attorney General Opinion
[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.
§338-19 Photostatic or typewritten copies of records. The department of health is authorized to prepare typewritten, photostatic, or microphotographic copies of any records and files in its office, which by reason of age, usage, or otherwise are in such condition that they can no longer be conveniently consulted or used without danger of serious injury or destruction thereof, and to certify to the correctness of such copies. The typewritten, photostatic, or microphotographic copies shall be competent evidence in all courts of the State with like force and effect as the original. [L 1949, c 327, §23; RL 1955, §57-22; am L 1957, c 8, §1; am L Sp 1959 2d, c 1, §19; HRS §338-19]
§338-41 Issuance; procedure. (a) The department of health may make regulations respecting the form of Hawaiian birth certificates and certified copies of such certificates and other matters relating to Hawaii birth certificates as appear necessary and the regulations, when approved and made in accordance with chapter 91, shall have the force of law. The department shall furnish the form of the certificates and copies made therefrom.
(b) Any certificate of Hawaiian birth issued heretofore under or by virtue of any law of the Territory of Hawaii or the State, shall be prima facie evidence of the facts therein stated. [L 1911, c 96, §1; am L 1923, c 246, §1; RL 1925, §196; am L 1927, c 202, §1; RL 1935, §7610; RL 1945, §12910; am L 1951, c 132, §1; RL 1955, §57-40; am L Sp 1959 2d, c 1, §9; am L 1965, c 96, §39; HRS §338-41; am L 1970, c 11, §1; am L 1972, c 66, §1(4)]
Prima facie evidence overcome by competent evidence of nonidentification. 4 U.S.D.C. Haw. 258.
Certificate not controlling upon U.S. immigration officials re admission of Chinese. 217 F. 48; 35 Op. U.S. Att. Gen. 69.
(Some of these statutes should be included in the Lawsuit’s to show how simple it was to get a Hawaii BC)
Hat tip to Dan