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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).
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