Akron Law Review, Vol. 57 [2025], Iss. 1, Art. 2 72 AKRON LAW R EVIEW [57:49 agency policy or practice, or give state registrars discretion to require additional evidence or to waive requirements. 133 Blair attempts to register their birth as an adult using three documents: 1) an orthodontic record that was issued when Blair was six, 2) a doctor’s note issued when the child was four and that mentions Blair’s parents by name, and 3) an affidavit from an older relative who was present for Blair’s birth. In several states, this evidence would suffice to register Blair’s birth through the administrative delayed process. For example, Alabama requires three documents to show the date and place of birth, of which only one can be an affidavit, and one document other than an affidavit must show a child’s parentage. 134 Alabama requires that documents other than affidavits must have been at least five years old or established before the child’s tenth birthday. 135 The documents in this fictional scenario meet both requirements. Similarly, in California, birth can be established by two pieces of documentary evidence, if the documents were established at least five years prior to the date of application for a registrant over twelve years of age. 136 Again, Blair’s documents should suffice. But other states would likely reject Blair’s application for birth registration. For example, in Georgia, an application to register a birth filed seven years or more after birth must be supported by three pieces of documentary evidence, and personal affidavits are not accepted. 137 Wyoming requires a registrant who is twelve years of age or older to present at least three pieces of documentation established at least five years before the registration request. 138 As a result, Blair would be able to register their birth had it occurred in some states and unable to register had their birth occurred in others, based on the same facts and supporting evidence. Now consider the fictional registrant Cruz, who has similar evidence but whose evidence was established longer after Cruz’s birth. Cruz has an orthodontic record that was issued when he was thirteen years old. He also has a doctor’s note that reports treatment when Cruz was a young child but that was issued after he turned eighteen, and which Cruz requested 133. See, e.g., 10-146 ME. C ODE R EGS. ch. 9, § 2 (current as of Jan. 25, 2023) (stating that the Maine state registrar has discretion to deny an application if they find “reasonable cause to question the validity or adequacy” of statements or evidence); see also Part IV.C. 134. ALA. C ODE § 22-9-A-9(3)(d) (1975). 135. ALA. C ODE § 22-9-A-9(3)(e) (1975). 136. C AL. HEALTH & S AFETY C ODE § 102585 (West 1996); C AL. HEALTH & S AFETY C ODE § 102580 (West 1995). 137. GA. C OMP. R. & R EGS. 511-1-3-.09 (2013); GA. C OMP. R. & R EGS. 511-1-3-.10 (2013). 138. See 048-0059-11 WYO. C ODE. R. § 1(c) (LexisNexis 2018). https://ideaexchange.uakron.edu/akronlawreview/vol57/iss1/2 24

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