Thread: Undocumented fathers unable to be listed on children's birth

Undocumented fathers unable to be listed on children's birth certificates
Posted By: The Tennessean 6 hrs ago
By JANELL ROSSStaff Writer



The day her daughter was born, Stephanie Hernandez of Nashville hit all the customary emotional highs and lows ? and then found herself in the middle of the nation's immigration debate.

In a flurry of pain, excitement and tears, her 7-pound, 1-ounce daughter, Christina, entered the world by emergency Caesarean section. Hours later, Baptist Hospital staff told Hernandez and her then-fiance that his name would not appear on Christina's birth certificate.

It wasn't the hospital's choice. State policy requires unmarried fathers to present government-issued identification or proof they're in the country legally to be listed on birth certificates. And in 2006, Tennessee stopped issuing driving certificates to illegal immigrants.

TALK ABOUT state and national immigration policy


The pair of unrelated policies is spawning broader emotional, legal and social implications.

Hernandez, a U.S. citizen who works in hospice care, said she doesn't see the correlation between immigration status and fatherhood.

"Now my daughter has a father who loves her and no legal rights where she is concerned, no legal responsibility and no legal recognition that he gave her life," she said.

Since the change in the driving certificate program, overall birth certificates issued for black, white and Asian infants grew 3 percent, and the number of birth certificates issued without a father's name grew 10 percent. Birth certificates issued for Hispanic infants grew 12 percent and incomplete birth certificates grew by just over 30 percent.

Birth certificate data for 2007 is due out in July, but some who watch demographic data closely already are sure what it will reveal.

"What they are doing is constructing paternity around legal status," said Katherine Donato, a Vanderbilt University sociologist and demographer who specializes in immigration. "If you are undocumented and unmarried, you are a father but you are not technically a father ? you are a father in the shadows."

She said the state policy disproportionately affects Hispanic couples because that group has a higher birth rate than other ethnicities and races.

The birth certificate issue is one of many "weird and sometimes unpredictable" consequences immigrants face when they make the choice to enter the country illegally, said Mark Krikorian, executive director of the Washington, D.C.-based Center for Immigration Studies, which advocates for stricter immigration policy. There isn't a policy or practice change that's needed, Krikorian said.

"Any attempt to make this an easier process is just a piecemeal step toward amnesty," he said.

Under state Health Department policy, when a child is born to unwed parents, fathers have the option to voluntarily acknowledge paternity ? a necessity if the child is to bear the father's last name and his name is to appear on the birth certificate.

An unmarried father must complete a notarized form. But under state law, notaries can't put their seal to a document unless they personally know the individual or he can present a U.S. military or state-issued ID or a foreign-government issued passport with proof of legal entry.

At one time, Hernandez's then-fiance had a valid Tennessee driving certificate, which would have worked for birth certificate identification. But by the time Christina was born on Aug. 31, all he had was an "in case of emergency" card issued by a Nashville bodega.

The combination of state policies and rules meant Hernandez's daughter had to be given her last name at the time, Rodriguez.

"Christina's father was just so proud and then just so hurt," said Stephanie Hernandez, who later married her daughter's father. Her husband declined to be named in this story because of his immigration status.

All but five states ? Hawaii, Maryland, New Mexico, Washington and Utah ? require proof of citizenship or lawful presence in the U.S. to obtain a driver's license.

It can be more difficult to track down fathers for child support if they aren't listed on birth certificates, according to a Tennessee Department of Children's Services spokeswoman. Children with no fathers on their birth certificates may face a difficult time collecting Social Security benefits or inheritances.

The complications continue from there, said Hedy Weinberg, executive director of the American Civil Liberties Union of Tennessee.

"Do people really think there are men sneaking into delivery rooms wanting to claim paternity?" she said. "What you will have is fathers with no access to their children's school records, health records or being formally involved in their lives."

In the midst of celebrating the birth of their child, Hernandez and her husband tried to rectify the birth certificate situation. They thought a marriage and proof of that marriage would do. In March, they went to Kentucky, which allows marriage licenses to be issued without proof of immigration status.

Tennessee adopted the same policy last week.

Back in Nashville, the staff at the state's vital records office told the Hernandezes that proof of the couple's marriage wasn't enough for him to be listed on the birth certificate. The couple, the staff said, could get a paternity test and go to court to have Hernandez's husband named the child's legal father and the child's last name changed.

"That's something we're certainly thinking about," Hernandez said. "We want ? her daddy's name on her birth certificate and for her daddy to be recognized by the state. But we are going to have think about it, and I guess save some money to make that happen."


www.wbir.com

This is crazy......no legal right and no legal responsibility either. So if you go this route......then 2 illegal parents equals state custody of the child since if they are not citizens, they have no legal right or responsibility to the child. That's one way to end the anchor baby delima.

Do people really think there are men sneaking into delivery rooms wanting to claim paternity?" she said. "What you will have is fathers with no access to their children's school records, health records or being formally involved in their lives."





What you also will have is fathers unable to get revenge on their childrens' mothers by snatching the kid(s), leaving the country with them, and being untouchable in terms of being charged with the crime.

If these guys have no legal right to the kids, the mothers will then have legal recourse to not only recover their children but to also have these idiots put in prison where they belong.

The fathers also cannot take the kids and use them to collect benefits, or try to gain legal status either.

All it sounds like to me is that someone closed the door further on IAs' ability to USE these kids they produce.

But nooooo....no one sees that, do they? All they see is just another thing meant to harass IAs.

"What they are doing is constructing paternity around legal status," said Katherine Donato, a Vanderbilt University sociologist and demographer who specializes in immigration. "If you are undocumented and unmarried, you are a father but you are not technically a father ? you are a father in the shadows."

The ability to reproduce is not criteria for legal status nor citizenship.

She said the state policy disproportionately affects Hispanic couples because that group has a higher birth rate than other ethnicities and races.

Could it affect Hispanic couples because there are more Hispanic illegal aliens in the country?

Back in Nashville, the staff at the state's vital records office told the Hernandezes that proof of the couple's marriage wasn't enough for him to be listed on the birth certificate. The couple, the staff said, could get a paternity test and go to court to have Hernandez's husband named the child's legal father and the child's last name changed.

That's something we're certainly thinking about," Hernandez said. "We want ? her daddy's name on her birth certificate and for her daddy to be recognized by the state.

A birth certificate is a legal document. Is this more of getting 'Daddy" documentation and 'state recognization' than having the baby bear his last name?

"Distrust and caution are the parents of security."
Benjamin Franklin

Hernandez, a U.S. citizen who works in hospice care, said she doesn't see the correlation between immigration status and fatherhood.

Oh I do! Any old Juan Hernandez could be the anchor baby's daddy and worm his way to sponsored citizenship.

Children with no fathers on their birth certificates may face a difficult time collecting Social Security benefits or inheritances.

And how does either one of these statements apply to illegal aliens?
Their Wills will not be probated in America and they are not eligible for Social Security benefits or even have SS numbers.

This is just crazy talk justification.

Dixie

It can be more difficult to track down fathers for child support if they aren't listed on birth certificates, according to a Tennessee Department of Children's Services spokeswoman. Children with no fathers on their birth certificates may face a difficult time collecting Social Security benefits or inheritances

WAIT! Lemme see if I got this right.

The father is an illegal alien therefore cannot get a SS#.
So what SS benefits are they talking about inheriting????? Is there another type of fraud here that we don't know about??

It sounds like great news, because then the child at the age of 18 can not sponsor the parents for legal statis, I think

"If you are undocumented and unmarried, you are a father but you are not technically a father ? you are a father in the shadows."

She said the state policy disproportionately affects Hispanic couples because that group has a higher birth rate than other ethnicities and races.

"father in the shadows" GIVE ME A BREAK. These women should know the consequences of having a baby with an illegal immigrant.

Many illegal Hispanic couples need BIRTH CONTROL. Having a "higher birth rate than other ethnicities and races" IS NOT ESPECIALLY A THING TO BE PROUD OF. IMO, its very irresponsible to keep having babies you cant afford or have time to raise them properly.

The father is an illegal alien therefore cannot get a SS#.
So what SS benefits are they talking about inheriting????? Is there another type of fraud here that we don't know about??

Good point.....how could they? Besides......you don't inherit SS money. The only benefit for the child would be if the father was disabled and the limited funds needed till the child reached 18. Neither of my parents came close to using the money they paid in to SS and there wasn't a dime of roll over for me to inherit. Now good luck with the mother who isn't married because she won't benefit, yet she couldn't anyway if he's illegal.

As far as being able to track them down for child support......they can't do that with citizens from state to state.....good luck if they're working
"under the table", even more good luck if they're using a stolen identity.......and we are going to have the funds to track down an illegal alien from God only knows where and on what continent? Providing they even gave the right name to begin with? Please.

It can be more difficult to track down fathers for child support if they aren't listed on birth certificates, according to a Tennessee Department of Children's Services spokeswoman. Children with no fathers on their birth certificates may face a difficult time collecting Social Security benefits or inheritances.

Like an illegal is going to pay support anyway! Rather, it's likely the citizens of that state will end picking up the tab when the mother applies for food stamps, housing subsidies, welfare, etc, alll through her newly created anchor baby, uh opps, I mean little American citizen.