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Hawaiian state law allows children born outside Hawaii get valid Hawaiian birth certificates (S. 338-17.8)

The following Hawaii state law (Hawaii Revised Statutes S. 338-17.8) allows children who are born outside Hawaii to obtain valid Hawaiian birth certificates, depending on the residency of their parents. This law isn't restricted to those born in the other 49 states; a child could be born in a foreign country and still get a valid HI birth certificate. This law was added in 1982, as confirmed by law librarians at the U. of Hawaii and L.A. County law libraries.

Note the fact that this applies to parents living in the "Territory" of Hawaii, an entity that was dissolved in 1959. If this law had been intended to only include children born in 1982 or later, would they have referred to the "Territory" of Hawaii? Clearly, this was intended to include those born before 1982 as well.

The source is here, and here's the text of that page:

[§338-17.8] Certificates for children born out of State. (a) Upon application of an adult or the legal parents of a minor child, the director of health shall issue a birth certificate for such adult or minor, provided that proof has been submitted to the director of health that the legal parents of such individual while living without the Territory or State of Hawaii had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth or adoption of such child.

(b) Proof of legal residency shall be submitted to the director of health in any manner that the director shall deem appropriate. The director of health may also adopt any rules pursuant to chapter 91 that he or she may deem necessary or proper to prevent fraudulent applications for birth certificates and to require any further information or proof of events necessary for completion of a birth certificate.

(c) The fee for each application for registration shall be established by rule adopted pursuant to chapter 91. [L 1982, c 182, §1]

Other tags: obama citizenship

Thu, 01/15/2009 - 16:28 · Importance: 4

Fri, 01/16/2009 - 20:17

I've linked to your post as EXHIBIT - Haiwaiian State Laws allows Children born outside of Hawaii get birth certificates [1] as a resource of Timeline Obama vs Constitution.

[1] www.jeremiahfilms.com/timeline/ObamaVsConstitution/901161407

Sat, 02/21/2009 - 23:01
Chet Scoville

It is true that the law says "Territory." However, the law also specifies "minor child." When the law was passed in 1982, Obama was 21 years old, therefore no longer a minor. Therefore his parents could not have used this law retroactively to obtain a birth certificate for him.

Sat, 02/21/2009 - 23:07
Chet Scoville

...although, rereading it, I see that it also says that an adult can make the same application, presumably for himself. Weird.

Sun, 03/29/2009 - 16:24

His birth announcement was published in all Hawaii newspapers in 1961. These announcements come only from the Department of Health, and NOT from parents or anyone else. Nice try.

Thu, 07/16/2009 - 17:51

Lets expose the Imposter!

Mon, 07/27/2009 - 23:17

He could have done it when he was older since he came to the US and maybe to stay. Go to college. It does not prove he is really born here. The short type he shows will not be valid for the government if you are applying for a passport. They want the long form and so do we. All this could go away if they would just produce it. It looks bad that they don't. What do they have to hide?

Tue, 08/25/2009 - 14:20

Nice try, but you missed one key fact though. While they can obtain Hawaiin Birth Certificates, foreign born people's birth certificate would not show they were born in Honolulu.