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Hawaii Statute - 338-178
self | Dec 6, 2008 | Selt

Posted on 12/06/2008 6:29:31 AM PST by motoman

We have now heard, many times over, that under Hawaii Revised Statute 338-178, it is conceivable that a child can be born in a foreign country without the actual location of the child's birth indicated on the Hawaii "Certification of Live Birth" (COLB)

Can someone post a valid image of such an example? Preferably an example from the early 1960's?

There must be many people involved in this controversy who fall into the definition of this Hawaii vital records statute who are willing to provide their own personal example as proof of how such a COLB would be generated by the state of Hawaii


TOPICS: News/Current Events; Politics/Elections; US: Hawaii
KEYWORDS: birthcertificate; certifigate; choomgang; lawsuit; obama; obamatransitionfile; obamatruthfile; scotus
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To: elpadre

That’s not very much after the reported $800,000,000 he had.


21 posted on 12/06/2008 7:29:20 AM PST by freekitty (Give me back my conservative vote.)
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To: MamaTexan

No, this is during his new upgraded fantastic vacation to Hawaii.


22 posted on 12/06/2008 7:30:11 AM PST by freekitty (Give me back my conservative vote.)
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To: Las Vegas Ron

Awful, isn’t it?


23 posted on 12/06/2008 7:30:56 AM PST by freekitty (Give me back my conservative vote.)
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To: freekitty

The US Presidency can be bought for $720,000,000.00.


24 posted on 12/06/2008 7:35:32 AM PST by TexasGreg ("Democrats Piss Me Off")
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To: motoman

The following excerpt, from Alan Keyes Writ of Mandate challenging Sen. Barack Obama’s citizenship is the only information I can find regarding the same claims we have been stating regarding Hawaii Revised Statute 338-178.

“Hawaii Revised Statute 338-178 allows registration of birth in Hawaii for a child that was born outside of Hawaii to parents who, for a year preceding the child’s birth, claimed Hawaii as their place of residence.”

Can someone back this as fact? Has it ever been refuted?


25 posted on 12/06/2008 7:42:52 AM PST by motoman
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To: freekitty
No, this is during his new upgraded fantastic vacation to Hawaii.

Oh! You mean the "We're-finally-going-to-acknowledge-dear-departed-Toots'-passing" tour.

I'd love to be a fly on the wall for that one! LOL!

26 posted on 12/06/2008 7:53:33 AM PST by MamaTexan (I am not a political, collective, administrative, public, corporate or legal entity)
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To: motoman; IrishPennant; nobama08

“Can someone post a valid image of such an example? Preferably an example from the early 1960’s?”

Go to IrishPennant’s “in forum” page and see the copy of a 1963 CoLB. Sec 7c Is entitled “County, State or Foreign Country.”

“What entity do you suppose could declare Nobama’s presidency void?”
Most important, of course, is that the election is not over.
The courts may be looking at the issue, but I am not confident they will take effective action prior to Jan 8

If he is not natural born, we can keep him out of office!
How, you ask?

Please see my About page


27 posted on 12/06/2008 7:54:09 AM PST by frog in a pot (Is there a definition of "domestic enemies" as used in federal oaths, or is that just lip service?)
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To: motoman

How convenient that Obama just happens to be claiming that he is born in the one state that doesn’t reuire you to register if you were born in a foreign country.


28 posted on 12/06/2008 7:54:26 AM PST by murron (Proud Marine Mom)
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To: motoman

Yeah like Obama’s sister’s COLB


29 posted on 12/06/2008 7:59:52 AM PST by tyou48
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To: motoman
[§338-17.8] Certificates for children born out of State.
30 posted on 12/06/2008 8:03:06 AM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: motoman

Alan from Snarkybytes was born in Hawaii in ‘63. He’s posted an image of certified copy of his COLB made in 1998. Apparently he has nothing to hide. Check it: http://snarkybytes.com/?p=521


31 posted on 12/06/2008 8:08:58 AM PST by Sheltiman
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To: motoman

ping


32 posted on 12/06/2008 8:11:17 AM PST by ElayneJ
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To: nobama08

Our country clearly lacks leaders at this time; NO ONE is enforcing the Constitution except the ACLU when it concerns gays, Christmas, Boy Scouts and the Pledge of Allegiance.


33 posted on 12/06/2008 8:15:29 AM PST by boxer21
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To: motoman
Can someone please provide some type of evidence, either an actual COLB, or an official response from the Hawaii dept of Heath that has been supporting the allegations that we have been making regarding Hawaii Statute 338-178.

Well, I haven't been making any "allegations" regarding the referenced statute, but for starters, the correct statute number is 338.17.8, as follows:

[§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]

  The bracketed numbers at the end indicate the statute went into effect in 1982. (L_ _ _ _ = legislative year), in accordance with Legislative Act 182 (c = Act).

This, of course would mean that this particular statute was not applicable in 1961, and, in addition, there are no details as to how the birth place would be recorded on the Hawaiian birth certificate.

According to the current HI statute covering the issuance of a birth certificate to adopted foreign-born child, §338-20.5  Adoption; foreign born persons, (effective 1979), "The new certificate of birth shall show the true or probable foreign country of birth, and that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents."

That said, I believe the only Hawaiian statutes you'll find on line are current ones, many or most of which have been amended through the years, according to the end notations. So it's impossible to know whether either or both of these statutes existed and were repealed prior to 1982, or what any of the current statutes having original dates prior to 1961, but since amended, actually said in 1961. For that you would need access to the entire body of Hawaiian state law dating back to that period.

And if you look through the various statutes at the above link, you'll find there are instances in which an original birth certificate can be obtained "late," as well as many instances in which an original birth certificate can be amended, and a new certificate of birth issued. The original, however, is retained under seal, and therefore becomes one of the "root documents" in an individual's birth record, along with any other paperwork -- affidavits, adoption decrees, etc.

At the link cited earlier for Obama's "birth certificate" - the Devil's in the details, there is a description of the “Certificate of Hawaiian Birth” program, which was in effect from 1911 through 1972, (and so applicable to 1961), as well as an explanation of why the "Certification of Live Birth" presented by Obama as proof of eligibility does not necessarily represent the original facts or circumstances of his birth -- which really is the underlying issue in this controversy.

34 posted on 12/06/2008 8:17:05 AM PST by browardchad
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To: boxer21

The ACLU doesn’t support the Constitution. They try to subvert it.


35 posted on 12/06/2008 8:17:48 AM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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To: motoman
How about just finding any Hawaiian birth certificate or COLB issued in 1961 in Hawaii where one parent's “race” is listed as “African”

(I think researchers online have made a case that Obummer’s posted COLB may actually be that of his sister Maya who was born in Indonesia- does Maya Soetero have a Hawaii COLB?)

36 posted on 12/06/2008 8:18:38 AM PST by silverleaf (Fasten your seat belts- it's going to be a BUMPY ride.)
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To: DJ MacWoW

However, they use the Constitution when it suits their purposes, subverting it or not. Our current leaders - POTUS, Congress and Judicial ignore the Constitution, apparently.


37 posted on 12/06/2008 8:21:32 AM PST by boxer21
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To: boxer21

ACLU founder Roger Baldwin was a card carrying commie.


38 posted on 12/06/2008 8:22:53 AM PST by This Just In (Support Christian Homeschoolers)
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To: boxer21

So true - where are our leaders?


39 posted on 12/06/2008 8:23:54 AM PST by nobama08
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To: boxer21

The ACLU needs to be closed down. They have done more damage to the Constitution than anyone else. They are leftist commies intent on the destruction of the Constitution.


40 posted on 12/06/2008 8:24:23 AM PST by DJ MacWoW (Make yourselves sheep and the wolves will eat you. Ben Franklin)
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