I have one question ? Why would someone get/have a “certificiate of live birth ?”. Does every person born in HI get one or do you have to request one ? Why would someone want one if they have a birth certificate ?
In other words, would the fact that he has a certificate of live birth suggest that he is more likely to be a non-citizen in and of itself ?
Difference between a Certification of Live Birth and a Birth Certificate, per the State of Hawaii:
Pay close attention to the following Hawaiian legal statute:
[§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]
As long as an adult can walk into Hawaiis version of the Department of Records and provide proof that they are a legal resident of Hawaii, the document is issued.
Anyone can swear and sign the form to the registrar in Hawaii that they were a citizen of Hawaii and within the previous year gave birth. The individual gives the date/time of the birth and a document record is dually entered. Perhaps someone can inform as to whether you even need to show the baby! Doesnt look like it from my read of the statute.
One can get a Certificate of Live Birth with its minimal documentation. The date of birth can be any date the person enters, This document can be used to then establish citizenship for the purpose of getting a passport, but its lack of physically identifying information found on the "Birth Certificate" precludes it from being useful in proving "Natural Born" status.
The normal Birth Certificate has uniquely identifying information along with eyewitnesss (doctor, nurse, orderly) and the specific location so that it is now verifiable and traceable.
In other words, would the fact that he has a certificate of live birth suggest that he is more likely to be a non-citizen in and of itself ?
I cannot speculate on that. I would think every time a child is born in the US in a hospital a birth certificate can be issued.