Paternity for state law child support purposes (whether the father is on the BC or not) does not dictate paternity as “governed by the 1948 BNA” nor does HI paternity establish legal marriage if contradicted by the bigamy provisions of the Kenya marriage act, so HI cannot confer UK citizenship nor legal UK paternity on Barry.
That means that HI paternity law cannot make Barry a dual citizen of the US and UK. IMO that is the key constitutional issue distinguished in the Minor case, i.e NBCs vs "aliens or foreigners." A baby in US history back to the founders with only an unmarried US citizen mother has no legal father for citizenship purposes, neither US citizen father nor foreign father, IIRC. In recent years "the disabilities of bastardy" have been removed for all citizens...but SCOTUS has never ruled on how that effects NBC status in a case like Barry's.
The HI statutes (or was it the Administrative Rules?) say that the child is given the last name of the mother’s husband if she is married and that man is listed as the father, regardless of who is the biological father. Beyond that point if they want to change the paternity on the BC they need to file to have it changed and it will only be changed if the biological father signs an affidavit saying he is the child’s biological father.
If she is single, her maiden name is used for the child’s surname. If she lists a biological father on the BC that is only considered legally binding if paternity is established by a court or if the biological father signs an affidavit acknowledging paternity. I can’t remember for sure but I believe that the child would still have the mother’s last name.
If the single mother lists a biological father and then she marries the biological father the birth is legitimized, so that the child has the father’s name and the BC is altered to make it appear that the couple was married at the time of the birth.
This is what I’m remembering off the top of my head so it should probably be checked for sure. I’ve got several irons in the fire right now, or I’d double-check myself.
The thing about this, though, is that when somebody is admitted to the hospital they have to give some kind of documentation of who they are. I would imagine the same would have been true then. I could go to a hospital and CLAIM to be Mrs Justin Bieber (can you tell I’ve got a young daughter? lol) but if I didn’t have an ID card of some kind that actually identified me as Nellie Bieber, I doubt that they would allow me to put that name on a birth certificate.
So if Ann was never married to Barack then she was guilty of swearing to fraudulent data on the BC. And if she never had ID that called her last name Obama, then she could not have gotten away with using a different name on a HOSPITAL BC. IOW, it would have to be a non-attended birth for her to get away with that.
So if that’s what happened, everything Hawaii AND Ann AND Obama AND the passport office have done is pure bunk. Fraud, through and through.