Statute 338 and late reporting applied to birth before 338
Posted on | June 1, 2009 | 4 Comments
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Submitted on 2009/06/01 at 11:11am
Ooops. In my first post it should have read : If you read the law, there is no time limit on it or anything that says it applies to ONLY those born after 1981. Here is the important part : |
he BC could’ve ben created as 338-5, based on a statement of the mother or grandmother who could’ve lied, just to avoid spending time and money on immigration proceedings. That might explain lack of a hospital birthing file.
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4 Responses to “Statute 338 and late reporting applied to birth before 338”












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June 1st, 2009 @ 12:14 pm
This was posted as a comment on another section. For some reason, it was reposted – but only the third part. here is the full posting , so it makes sense:
If you read the law, there is no time limit on it or anything that says it applies to those born after 1981. Here is the important part :
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.
Now it is a compound sentence, so could be a little confusing. Here it is broken down:
Upon application of an adult …the director of health shall issue a birth certificate for such adult .
So therefore anytime after 1981, Obama himself could have gone in and applied for a BC for himself as long as he could show his mother met the requirements for residency.What is interesting about this is his blocking of the release of his application to Occidental College. At that time he may not have had the Hawaii COLB. It wasn’t until after the law was passed that he applied for one.
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One more thing about my above post. They explicitly use the phrase ” upon application of an ADULT…the director of health shall issue a birth certificate for such ADULT. In 1981 when the law passed, an ADULT would have been anyone born in 1963 or before ( being 18 years of age ). Therefore, the law was intended for people who had already reached adulthood but had not had a Hawaii BC, to be able to obtain one. Obama was born in 1961.
June 1st, 2009 @ 12:50 pm
Excellent clarification, Bob!
June 2nd, 2009 @ 1:48 am
Does anyone know when his mother and her parents actually moved to Hawaii?
June 2nd, 2009 @ 1:59 am
One clarification. My post was in response to someone saying that 338 was passed in 1981 so they could not see how it could apply to Obama