Fisher: Citizenship, Federalism, and Delayed Birth Registration 2024] C ITIZENSHIP, F EDERALISM, AND DELAYED BIRTH R EGISTRATION 73 from the doctor to support his request to register his birth. Finally, he has an affidavit from a relative with personal knowledge of Cruz’s birth. Many of the states that would have registered Blair’s birth likely would not register Cruz’s birth. For example, Alabama requires that the documents supporting birth must have been established at least five years before registration or prior to the registrant’s tenth birthday. 139 This means that Cruz could use such a document to support an application for birth registration, but he would have to wait five years after the doctor’s note was written for it to be an acceptable form of documentation, leaving him unable to register in the interim. Some states would likely register Cruz’s birth with this supporting evidence. The state of Washington requires at least three forms of evidence to register the birth of a child over twelve, one of which may be a sworn statement. 140 Documents submitted to support delayed birth registration for adults must be “at least five years old, or based on records established at least five years prior to the date of the request.” 141 As a result, if the registrar were to accept that the doctor’s letter was based on records that were established at the time of treatment, Cruz may be able to register in Washington. In Virginia, registration on or after the registrant’s seventh birthday requires three documents, only one of which may be an affidavit. 142 While some states accept Cruz’s evidence and register the birth, Cruz will be able to register in a narrower set of jurisdictions than Blair. Cruz’s scenario is likely closer to reality for most adults who are applying to register their births without the cooperation of their parents. Such a person must turn over every possible stone to find previously established forms of evidence because new evidence will be unacceptable to support delayed birth registration in most states until several years have passed. A person whose request for registration through delayed birth registration is denied would be left to petition for a court order that would mandate birth registration, and in those court proceedings, the petitioner continues to carry the burden of proof to register their birth. 143 139. ALA. C ODE § 22-9A-9(3)(e) (1975). 140. WASH. ADMIN. C ODE § 246-490-081 (2015). 141. WASH. ADMIN. C ODE § 246-490-081(4) (2015). 142. 12 VA. ADMIN. C ODE § 5-550-260 (2003). 143. See supra Part IV.B Note that a person in this situation could also seek a benefit related to U.S. citizenship with a federal agency and, if rejected, pursue declaratory judgment requesting a determination of citizenship. 8 U.S.C. § 1503 (1996) The declaratory judgment would not establish a birth record, but it would establish the applicant’s claim to citizenship. Published by IdeaExchange@UAkron, 2025 25