Akron Law Review, Vol. 57 [2025], Iss. 1, Art. 2 56 AKRON LAW R EVIEW [57:49 50 states, the District of Columbia, New York City (separate from the rest of New York state), and four U.S. commonwealths and territories— collect vital event data from local officials.” 35 Further, “data providers [who report births to these 57 jurisdictions] do not work for vital statistics. They are the physicians, nurse midwives . . . hospital and clinic directors, clerks, and temporary staff who complete the worksheets and certificates that eventually become data.” 36 These data providers and registrars are responsible to document vital events like births and deaths and to compile data relevant to public health. 37 In most instances, a birth occurs in a medical facility or is attended by a physician or medical professional, and the institution or medical professional submits a report of the birth with relevant data to the relevant state authority, which then issues a birth certificate. 38 Where a birth is not registered within a period after birth (often one year), the birth must be registered through a state-administered delayed birth registration process, which requires documentation of the facts of birth. 39 While local authorities are responsible for receiving reports of births and issuing birth certificates, federal authorities play a coordinating role, including compiling national statistics and suggesting models for state legislation and forms. 40 Because birth registration is essential in proving a person’s entitlement to citizenship, the U.S. government has come to view birth registration as a priority for national security and fraud prevention. 41 Still, federal governance of birth registration processes is minimal. Federal legislation in 2004 required states to certify that their birth certificate forms and processes met basic minimum requirements, including certifying birth certificates and using safety features to prevent fraud and require proof and verification of identity when issuing birth certificates. 42 Each of the 57 registering jurisdictions also participates in the National Association for Public Health Statistics and Information 35. Id., Introduction, at 1; Id., The Federal-State Cooperative Relationship, at 36 (noting that more than 6,000 registrars report vital events). 36. Id. at 81. 37. Id., Methodological Issues and the 2003 Revision of Standard Instrument, at 50 (“The revised 2003 birth certificate now includes some 60 data items, providing extensive information on pregnancy, labor and delivery, infant health, and maternal health factors”). 38. U.S. DEP’T OF HEALTH AND HUMAN S ERVICES, HOSPITALS’ AND P HYSICIANS’ HANDBOOK ON B IRTH R EGISTRATION AND F ETAL DEATH R EPORTING 5-6 (1987). 39. Betsy L. Fisher, Delayed Birth Registration Laws by State (on file with author). 40. NRC, “Vital Statistics”, supra note 35, Introduction, at 1. 41. Id., The Federal-State Cooperative Relationship, at 37 (“vital records offices are also front lines in national security efforts . . . birth certificates have become particularly sensitive because they are breeder documents that are the basis for many other important documents and legal statuses.”). 42. Intelligence Reform and Terrorism Protection Act § 7211(b)(3) (codified as a note to 5 U.S.C. § 301) (2004). https://ideaexchange.uakron.edu/akronlawreview/vol57/iss1/2 8

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