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]

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