Thread: In Oregon case, women's word is enough to get birth certific

In Oregon case, women's word is enough to get birth certificate for son, court says

Published: Saturday, July 23, 2011, 10:17 PM Updated: Saturday, July 23, 2011, 10:17 PM

By Noelle Crombie, The Oregonian

Nicolaza Eusiquio was living in a North Plains-area migrant camp in January 2005 when she gave birth to a boy -- an event attended only by her cousin. Eusiquio received no prenatal care and sought no medical attention after her son's birth. For months afterward, Eusiquio hardly left her cousin's home.

She sought a birth certificate from the Oregon Center for Health Statistics more than a year later, offering only her word and that of her cousin as proof that the boy was born here.

The state registrar turned down Eusiquio's request for a delayed birth certificate -- certificates issued more than a year after birth -- saying the mother needed documentation showing she was in Oregon at the time of her child's birth. A Marion County Circuit Court agreed; Eusiquio's son was not entitled to an Oregon birth certificate.

But earlier this year, in a highly unusual case, the Oregon Court of Appeals overturned the lower court's decision, saying statements from Eusiquio and her cousin were proof enough. It sent the case back to the trial court and, in essence, ordered that Eusiquio's son be issued an Oregon birth certificate.

On its face, the 10-page opinion is technical, dry and deals mostly with a detailed history of vital records rules in Oregon. But legal experts say the case underscores a birth certificate's growing importance as a gateway to American society in a post-9/11 world. Americans increasingly need birth certificates to do everything from obtain a driver's license to enroll in school.

And it comes at a time when some politicians have suggested that babies born in the United States to parents who are here illegally shouldn't automatically be U.S. citizens.

"What is remarkable is that this case occurs in the midst of a national outcry over immigration reform and the increasing importance of having a birth certificate to operate in our society," said Keith Cunningham-Parmeter, a professor at Willamette University's College of Law.


2 immigration-related bills fail in Legislature

Cunningham-Parmeter, who has expertise in immigration and employment law, pointed to two bills that failed in the Oregon Legislature last session that were aimed at undocumented immigrants. One would have allowed them to pay in-state tuition at public universities, and the other would have granted alternative Oregon driver's licenses. Since 2008, Oregon has required people to prove they are U.S. citizens to get a driver's license.

At the heart of both bills was a person's ability to prove where he or she was born.

Jim Ludwick, communications director for Oregonians for Immigration Reform, said obtaining an Oregon birth certificate should require more than someone's word.

"For someone to claim without any hospital certification or any medical records or anything like that that their child was born here is to me absolutely crazy," said Ludwick, whose group advocates for ending illegal immigration and improved border security.

"We have a situation in our country where government officials, whether they are judges or legislators, have no sense of what it means to be a citizen," he said. "They basically want to open the border to anybody who wants to come here, regardless of their intention, and this seems like another way of doing that."


Mother says cousin was only witness to birth


According to the appellate ruling, Eusiquio told a Marion County judge that she gave birth to her son in a migrant camp near North Plains on Jan. 22, 2005. She told the judge that she lived at the camp from November 2004 through February 2005 with her cousin Rosaura Hernandez, and she later moved to Washington. She said she worried her son's father would be arrested if authorities were told that he had fathered a child. Only Hernandez was present when the boy was born.

Hernandez corroborated Eusiquio's account.

Eusiquio conceded she lacked any documentation that would verify she was in Oregon at the time of the boy's birth, the ruling states.

The ruling does not cite Eusiquio's immigration status. Brenda Bradley, a lawyer with Legal Aid of Oregon, argued the case before the appellate court. She declined to comment on the case and the ruling. Eusiquio, reached through her lawyer, also declined to comment.

Tony Green, a spokesman for the Oregon attorney general's office, said in an emailed statement that the ruling is "very narrow" and limited to the facts in this case. He said the state does not plan to appeal.


2.5% of Oregon births are outside of hospitals


Jennifer Woodward, the state registrar, said most Oregon birth certificates are filed electronically by a hospital's clerical staff. About 2.5 percent of births happen outside of hospitals. In the vast majority of those cases, birth certificates are filed within a year of a child's birth. But in some cases, it can take years before someone seeks a delayed birth certificate.

For a delayed birth certificate for a child younger than 6, the state requires two notarized affidavits: one signed by a parent and the other by someone with knowledge of the birth. The state also requires proof of the mother's residence at the time of the child's birth and the mother's identification.

People tend to ask for birth certificates when they realize they need them for other official documents, such as driver's licenses.

"Things have changed a lot since 9/11 and there have been very clear guidelines from the federal and state level to make sure you have the documents you need," she said.


Effects on poor, marginalized cited


Though the ruling doesn't have far-reaching practical implications -- the state issued just 47 delayed birth certificates out of more than 45,000 in 2010 -- those it does affect tend to be poor and marginalized, said Juliet Stumpf, a Lewis & Clark Law School professor who teaches civil procedure and immigration law.

"I think the people it could affect are some of the most vulnerable populations of our society," said Stumpf, citing migrant workers, people without access to regular medical care, teenage mothers and even women who give birth at home.

Added Cunningham-Parmeter: "Just imagine if this mother had been a privileged white woman doing a home birth and the only witnesses were her mother and midwife. The state issues those birth certificates all the time. But now we have a Latina working in a migrant camp and suddenly the state has questions.

"I think the appellate court sensed the double standard here and was right to correct it."

Though voting is an obvious symbol of civic life, it's birth certificates, marriage licenses, driver's licenses and other state-issued records that ultimately determine "who gets to participate" in American society, said Michelle McKinley, a professor at the University of Oregon School of Law.

"This is a gateway document," she said. "It's going to mean the kid can go to school. It means the kid can get vaccinated. ... He exists."

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Though the ruling doesn't have far-reaching practical implications

I'm not a lawyer but couldn't this ruling become a precedent?

It means she is illegal and a criminal and she needs to pack her brat and be deported.

A birth certificate does not prove citizenship. Bet that kid can't get a US Passport.

Dixie

Originally Posted by Dixie

A birth certificate does not prove citizenship. Bet that kid can't get a US Passport.

Dixie