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Finally, children’s births may go unregistered if their parents align
with certain religious and political movements that discourage birth
registration and interaction with government agencies. 126 Adherents of the
sovereign citizen movement, for example, believe that “your birth
certificate and Social Security card are not benign documents, but
contracts that enslave you.” 127 Just as internet forums like Quora and
Reddit include posts of people trying to register their births, they also
include posts from parents inquiring about the consequences of failing to
obtain a birth certificate for a child. 128
IV. BIRTH REGISTRATION AND FEDERALISM
Part IV.A takes two case studies loosely based on Alecia
Pennington’s situation. It demonstrates that the same person with the same
evidence of birth may face divergent outcomes depending on the state in
which she seeks to register. Part IV.B argues that state law’s influence
over a person’s access to birth registration procedures is an example of
citizenship federalism: the impact of state and local government on a
natural person’s ability to secure recognition of their entitlement to U.S.
citizenship. Because recognition of citizenship requires individualized
adjudication and concurrence of both the federal and state governments,
registrations, when births are out of institutions and unattended by licensed medical professionals
such as doctors or midwives).
126. See, e.g., Barrouquere, Sisters Settle over Social Security Cards, supra note 106; Barbara
Cotter, Born in the USA; Without a Shred of Proof, THE GAZETTE, Sept. 30, 2011,
https://gazette.com/news/born-in-the-usa-without-a-shred-of-proof/articl e_a9a684 fd-d024-531d 9b17-2282578cda4a.html [https://perma.cc/AKZ3-ZBBG]; see also The Boy Who Doesn’t Exist,
DAILY MAIL, June 24, 2013, https://www.dailymail.co.uk/news/article-2346977/Noah-Boyce-raisedgrid-birthday-19.html [https://perma.cc/7ATX-BV8Z] (each describing situations of parents who
refused to register their children’s births due to political or religious beliefs); see also Sovereign
Citizens Movement, S. P OVERTY L.C TR., https://www.splcenter.org/fighting-hate/extremistfiles/ideology/sovereign-citizens-movement [https://perma.cc/WU4Z-TC8F] (last visited Mar. 1,
2024) (noting that, according to sovereign citizens, “government has pledged its citizenry as collateral
by selling their future earning capabilities to foreign investors, effectively enslaving all Americans.
This sale, sovereign citizens claim, takes place at birth with the issuance of a birth certificate. . . .
Sovereigns say that the government then uses that birth certificate to set up a corporate trust in the
baby’s name . . ..”).
127. Ashley Powers, How Sovereign Citizens Helped Swindle $1 Billion From the Government
They Disavow, N.Y. TIMES (Mar. 29, 2019), https://www.nytimes.com/2019/03/29/
business/sovereign-citizens-financial-crime.html [https://perma.cc/B93B-DVS6].
128. QUORA, What Happens When I Don’t Register My Newborn Child a Birth Certificate?,
https://www.quora.com/What-happens-when-I-dont-register-my-newborn -child-a-birth-certificate
[https://perma.cc/3D7T-SBW5] (last visited July 1, 2023); QUORA, In the USA, is it Illegal to Never
File a Birth Certificate like if, for Example, You Had a Home Birth?, https://www.quora.com/In-theUSA-is-it-illegal-to-never-file-a-birth-certificate-like-i f-fo r-example-you-had-a-home-bi rth
[https://perma.cc/378Q-VLLG] (last visited July 3, 2023).
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