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The following Hawaii state law (Hawaii Revised Statutes S. 338-17.8) allows children who are born outside Hawaii to obtain valid Hawaiian birth certificates, depending on the residency of their parents. This law isn't restricted to those born in the other 49 states; a child could be born in a foreign country and still get a valid HI birth certificate. This law was added in 1982, as confirmed by law librarians at the U. of Hawaii and L.A. County law libraries.
Note the fact that this applies to parents living in the "Territory" of Hawaii, an entity that was dissolved in 1959. If this law had been intended to only include children born in 1982 or later, would they have referred to the "Territory" of Hawaii? Clearly, this was intended to include those born before 1982 as well.
[§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.
(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.
(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]
Originally posted by MarkofCain
1982...
Obama's birth date is 1961 or am I missing something?
Originally posted by boondock-saint
Originally posted by MarkofCain
1982...
Obama's birth date is 1961 or am I missing something?
yes you did miss something,
Obama was grandfathered in
"If this law had been intended to only include children born in 1982 or later, would they have referred to the "Territory" of Hawaii? Clearly, this was intended to include those born before 1982 as well"
it was in the OP
Originally posted by gimme_some_truth
Where in that statute does it refer to people being born in foreign countries?
Originally posted by gimme_some_truth
And you missed the fact that that is obvious speculation from a biased person.... Where in the statute does it say that it is intended for people before born before 1982?
Come one, give me something that is not based on a poor interpretation of a statute...
Originally posted by raiders247
reply to post by gimme_some_truth
I think what Boon/OP/Source is trying to say is that since the "Territory of Hawaii" only existed until 1959, along with the fact that the statute uses the phrase "Territory or State", it is implied that the statute applies to anyone born before the 1982 date when it was passed into law. Hope that clears it up...edit on 5/1/2011 by raiders247 because: (no reason given)
Originally posted by boondock-saint
Originally posted by MarkofCain
1982...
Obama's birth date is 1961 or am I missing something?
yes you did miss something,
Obama was grandfathered in
"If this law had been intended to only include children born in 1982 or later, would they have referred to the "Territory" of Hawaii? Clearly, this was intended to include those born before 1982 as well"
it was in the OP
Originally posted by MarkofCain
now if you could only explain what "If this law had been intended to only include children born in 1982 or later, would they have referred to the "Territory" of Hawaii? Clearly, this was intended to include those born before 1982 as well." that means...
how does the word "Territory" affect the whole phrase and lead to a speculation that those laws was intended to include those that are born before 1982 as well???
Originally posted by raiders247
reply to post by boondock-saint
No prob Boon...and to think you actually contemplated leaving ATS!?!?
Not that I think the BC issue should even be an issue, but its the things you find like this that are EXTREMELY valuable to people searching for the truth.
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 Opinions
Section provides for the alteration of only birth certificates. Att. Gen. Op. 84-14.
(a) If a delayed certificate of birth is rejected under section 338-16, a petition may be filed with the circuit court for an order establishing a record of the date and place of the birth and the parentage of the person whose birth is to be registered.
(b) The petition shall be accompanied by a statement of the registration official made in accordance with section 338-16(d) and all documentary evidence which was submitted to the registration official in support of such registration.
(c) The court shall fix a time and place for hearing the petition and shall give the registration official who refused to register the petitioner's delayed certificate of birth fifteen days' notice of said hearing. Such official, or the official's authorized representative, may appear and testify in the proceeding.
(d) If the court from the evidence presented finds that the person for whom a delayed certificate of birth is sought was born in this State, it shall make findings as to the place and date of birth, parentage, and such other findings as the case may require and shall issue an order to establish a record of birth.
(e) The clerk of the court shall forward a copy of the order to the state registrar of vital statistics not later than the 10th day of the calendar month following the month in which it was entered. Such order shall be registered by the state registrar of vital statistics in accordance with section 338-13. [L 1972, c 66, pt of §1(3); gen ch 1985; am L 1986, c 339, §45]