Hawaii Birth Certificates – Overview
It’s official now, DOH officials confirm “President Obama is natural born as he was born in Hawaii”
This posting provides an overview of the relevant laws, standards and kinds of birth certificates available to Hawaiians.
For Precedent Cases regarding Natural Born Status indicating that “born on us soil, regardless of the status of the parents defines “natural born”"
Update:
“It’s crazy,” said Janice Okubo, director of communications for the Hawaii Department of Health. “I don’t think anything is ever going to satisfy them.”
Okubo, who said that she gets weekly questions from Obama ‘Birthers’ that are “more like threats,” explained that the certificate of live birth reproduced by Obama’s campaign should have debunked the conspiracy theories. “If you were born in Bali, for example,” Okubo explained, “you could get a certificate from the state of Hawaii saying you were born in Bali. You could not get a certificate saying you were born in Honolulu. The state has to verify a fact like that for it to appear on the certificate. But it’s become very clear that it doesn’t matter what I say. The people who are questioning this bring up all these implausible scenarios. What if the physician lied? What if the state lied? It’s just become an urban legend at this point.”
Relevant statutes
- §338-13 Certified copies
- §338-15 Late or altered certificates
- §338-16 Procedure concerning late and altered birth certificates
- §338-17.8 Certificates for children born out of State
- §338-20.5 Adoption; foreign born persons
Title 11 Department of Health Chapter 120 Foreign born person adopted in Hawaii
| Certificate | Period | How to Identify |
| Birth Certificate | 1955?-present | |
| Certificate of Foreign Birth | 1982-present | City of Birth will be foreign |
| Delayed Certificate of Birth | 1911-present | Date of Registration will be up to one year after birth date. Only for children born in Hawaii |
| Certificate of Hawaiian Birth | 1911-1972 | Date of Registration will be more than one year after birth date |
| Foreign Born Hawaiian Adoption | 1981- | Place of birth (true or probable country of birth) |
First some pictures
Certificate of Hawaiian Birth
Certificate of Hawaiian Birth
Hawaiian Birth Certificate (Long form)
Certification of Live Birth
Delayed Certificate of Birth (West Virginia)
Hawaii has birth and death records beginning in 1853. Prior to 1896, however, the records are incomplete. Early vital records were kept by local government authorities and clergymen. There are a few missionary reports that date back as early as 1826. They are on file at the Hawaii State Archives, the Department of Health, and the Daughters of the American Revolution Library in Honolulu, and many are at the FHL in Salt Lake City. Since 1911, delayed birth certificates can be applied for in Hawaii. They often contain valuable genealogical information. The FHL has seventy microfilm rolls of delayed birth records for Hawaii. This collection contains 50,000 delayed birth records and covers the period from 1859 to 1903, with indexes from 1859 to 1938. Most records are now deposited with the State Department of Health. For birth, marriage, and death records, write: Hawaii Department of Health Vital Records Section P.O. Box 3378 Honolulu, HI 96801-9984
Source: Birthrecordsearch.us
1. In the State of Hawaii, back in 1961, there were three different birth certificates that were obtainable:
a. If the birth was attended by a physician or mid wife, the attending medical professional was required to certify to the Department of Health the facts of the birth date, location, parents’ identities and other information. (See Section 57-8 & 9 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
b. In 1961, if a person was born in Hawaii but not attended by a physician or mid wife, then, up to the first birthday of the child, an adult could, upon testimony, file a “Delayed Certificate”, which required endorsement on the Delayed Certificate of a summary statement of the evidence submitted in support of the acceptance for delayed filing, which evidence must be kept in a special permanent file. The statute provided that the probative value of the Delayed Certificate must be determined by the judicial or administrative body or official before whom the certificate is offered as evidence. (See Section 57-18, 19 & 20 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
c. If a child born in Hawaii, for whom no physician or mid wife filed a certificate of live birth, and for whom no Delayed Certificate was filed before the first birthday, then a Certificate of Hawaiian Birth could be issued upon testimony of an adult including the subject person) if the Lieutenant Governor was satisfied that a person was born in Hawaii, provided that the person had attained the age of one year. (See Section 57-40 of the Territorial Public Health Statistics Act in the 1955 Revised Laws of Hawaii which was in effect in 1961).
2. In 1982, the vital records law was amended to create a fourth kind of birth certificate for children born outside of the Territory or State of Hawaii. HRS Chapter 338 was amended to add a new section authorizing the Director of the Department of Health to issue a birth certificate for a person NOT born in Hawaii either as a Territory or State, upon sufficient proof that the legal parents of such individual had declared the Territory or State of Hawaii as their legal residence for at least one year immediately preceding the birth of such child.
Source: Hawaiian Birth Certificate Records
Who is Eligible to Apply for the Issuance of a Late Birth Certificate in Lieu of a Certificate of Hawaiian Birth?
The Certificate of Hawaiian Birth program was established in 1911, during the territorial era, to register a person born in Hawaii who was one year old or older and whose birth had not been previously registered in Hawaii. The Certificate of Hawaiian Birth Program was terminated in 1972, during the statehood era.
Certified copies of a Certificate of Hawaiian Birth may be requested following the procedures for certified copies of standard birth certificates (see Certified Copies). The eligibility requirements for issuance of a certified copy of a standard birth certificate apply to Certificates of Hawaiian Birth. And the same fees charged for standard birth certificates are charged for Certificates of Hawaiian Birth. Copies of the set of testimony used to establish a Certificate of Hawaiian Birth may also be requested, and an additional fee is charged for each copy of the set of testimony.
Any person to whom a Certificate of Hawaiian Birth has been issued may submit a request to amend an entry, including a legal change of name, on an existing Certificate. A request to amend a Certificate of Hawaiian Birth will, however, be considered to be and treated as an application with the Department of Health for registration of a late certificate of birth in current use, unless a standard birth certificate for that person already exists in the vital records of the Department of Health. Should there be a situation of dual registration, the requested amendment will be made to the standard birth certificate on file if the required documentary evidence in support of the amendment has been submitted and evaluated to be adequate. If there is no standard birth certificate on file, an applicant is required to submit documentary evidence of the birth facts necessary to support of the registration of the late certificate of birth. If approved, the late birth certificate will be registered in place of the Certificate of Hawaiian Birth, which must then be surrendered to the Department of Health.
Source: Hawaii Department of Health
Delayed Birth Records for the State of Hawaii
Part Two: How Did A Person Apply?
By Melody Lassalle
How did a person go about getting a delayed birth certificate? The person filled out an “Application for Certificate of Hawaiian Birth”. This application asked for basic details such as name, place of birth, date of birth, current address, race of father and mother, father’s name, mother’s name, and any physical identifying marks.The applicant then appeared before the Court. The applicant was interviewed by a representative of the Secretary of Hawaii. At that time, the applicant gave testimony about their birth, parentage, siblings, etc. They presented any documentation that proved they were born in Hawaii. This might include baptismal or other religious records, their parents’ immigration reocrds, or parents’ marriage records.
Next, witnesses gave testimony on the applicant’s behalf. The witnesses might be family members or friends. They had to have first hand knowledge of the applicant’s parentage, birth, and details of their early life. This information was needed to corroborate the applicant’s story.
After the witnesses gave testimony, the applicant might be called back to clarify any discrepancies. The case was reviewed and an official ruling was made. This delayed birth record could then serve the purpose of a real birth certificate.
The delayed birth record provides a wealth of information for family genealogists. First, you’ll find testimony from the applicant and witnesses. Many of the questions can resolve questions about parentage, spouses, children, and siblings. Second, copies of documentation or typed notes from the documentation are included. This is very helpful especially if you need to locate the church that your ancestors were members of or need to know where your ancestors parents were from.
The delayed birth record is a valuable tool for genealogists. It fills many gaps that other Hawaiian records leave behind. It also provides information straight from your ancestor’s mouth. That’s invaluable indeed!
Source: Delayed Birth Records Part 2
The primary documents used to show you are of age and a qualified native Hawaiian are:
- A certified copy of Certificate of Birth;
- A certified copy of Certificate of Hawaiian Birth, including testimonies; or
- A certified copy of Certificate of Delayed Birth.
Source: Applying for Hawaiian Homelands
Recent Comments