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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).
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