DENIAL of US Passport because of Birth Delivered by Midwive

[RemedyintheLaw]

What is the name of your state (only U.S. law)? New York

I recently applied for a US Passport in the state of NY and have been denied because my daughter was deliver by a midwife in my home. I have provide extensive records to prove the birth but each time I provide the documents requested, its ether not sufficient or they required more documents. I have provided the BC from the midwife, my pre and post natal records from the midwife, my sonogram record, affidavits from witnesses of the birth, etc. I have read the lawsuit against the DOS in the state of Texas (Castelano et al. v. Clinton et al.), similar situation. How can I obtain a passport for my daughter. I am a US citizen.What is the name of your state (only U.S. law)?

 

[You Are Guilty]

It might help if you told us what reason you were given for the denial.

 

[RemedyintheLaw]

I was denied because my daughter was delivered by a midwife at home so I do not have a State certified BC, I have a BC from the midwife as well as the birth being recorded in my family bible. The passport agency is arguing that the midwife BC is not sufficient or good enough to obtain the passport.

 

[RemedyintheLaw]

It might help if you told us what reason you were given for the denial.

I was denied because my daughter was delivered by a midwife at home so I do not have a State certified BC, I have a BC from the midwife as well as the birth being recorded in my family bible. The passport agency is arguing that the midwife BC is not sufficient or good enough to obtain the passport.

 

[FlyingRon]

Neither the souvenir given to you by the midwife or your bible means squat.
That birth should have been reported to the appropriate office at the proximate time it occurred. You're going to have to go to the vital records department of whatever town this occurred in and figure out what sort of attestations they will want to do this after the fact. If you can't get anywhere with that try the State Department of Health (you can find their website via google).

Or you can ask JETX he seems to pass himself off as the world authority on birth certificates.

Are you sure the midwife (or someone else) didn't file a REAL birth record. Call the department of health mentioned above and see if they have a real one they can send you.

 

[lealea1005]

US Dept. of State website does clearly states that a BC certified by the city, county or state is required. Is there a reason the midwife didn't sent it to be certified?

 

[RemedyintheLaw]

US Dept. of State website does clearly states that a BC certified by the city, county or state is required. Is there a reason the midwife didn't sent it to be certified?

yes the DOS does state a certified BC just as well they also state Secondary Evidence if no certified BC exists. The Secondary Evidence of Citizenship is a family bible, a Baptismal Certificate, Letter of No Record, etc. The birth was not reported by anyone else for a "State Certified BC" to Vital Statistics because I had to get a "Letter of No Record" from them. I am being discriminated because I refused to register my child into the system as the government property.

 

[Zigner]

yes the DOS does state a certified BC just as well they also state Secondary Evidence if no certified BC exists. The Secondary Evidence of Citizenship is a family bible, a Baptismal Certificate, Letter of No Record, etc. The birth was not reported by anyone else for a "State Certified BC" to Vital Statistics because I had to get a "Letter of No Record" from them. I am being discriminated because I refused to register my child into the system as the government property.

Oh BROTHER!

So, if you refused to register your child as government property, why in the WORLD would you want a passport now?

You DO know that the "Secondary Evidence" is subject to acceptance at the discretion of the DOS, right?

 

[divona2000]

...I refused to register my child into the system as the government property.

But you want to get her a passport?

I'm wondering where her father is?

(and what will happen as she gets older with no bc...driver's license...)

 

[RemedyintheLaw]

But you want to get her a passport?

I'm wondering where her father is?

(and what will happen as she gets older with no bc...driver's license...)

What is the meaning of asking the question where my husband/her father is, he assisted in our daughter delivery and is very much part of her life. As with the case against the DOS (Castelano et al. v. Clinton et al.) not every person is required to have a State Cert. BC, there is not US Statue or Code that state you are required to have a state BC; there are only policies and guidelines not laws. If I am mistaken, someone please enlighten me and state where the Statue and Code is.

 

[Zigner]

What is the meaning of asking the question where my husband/her father is, he assisted in our daughter delivery and is very much part of her life. As with the case against the DOS (Castelano et al. v. Clinton et al.) not every person is required to have a State Cert. BC, there is not US Statue or Code that state you are required to have a state BC; there are only policies and guidelines not laws. If I am mistaken, someone please enlighten me and state where the Statue and Code is.

When was your child born?
If more than 1 year ago, you DID already apply for a Social Security number, right?

And, please find a spot that says the DOS *MUST* accept "secondary evidence"

 

[RemedyintheLaw]

When was your child born?
If more than 1 year ago, you DID already apply for a Social Security number, right?

And, please find a spot that says the DOS *MUST* accept "secondary evidence"

She was born 8 Months ago...

 

[Zigner]

She was born 8 Months ago...

Ahh, so you'll be applying for that number sometime in the next 4 months, right?

And, what about the other part of my post, hmmm?

 

[divona2000]

What is the meaning of asking the question where my husband/her father is...

1. Because you never mentioned him in your first post.
2. Because people who don't want their children 'in the system' may be trying to keep them away from the other parent.

 

[RemedyintheLaw]

Ahh, so you'll be applying for that number sometime in the next 4 months, right?

And, what about the other part of my post, hmmm?

No she does not have a SS card and I never said DOS "must" accept the Sec. Evid. I said it is not required as they are no statue or law that states that.