(a) Primary evidence of birth in the United States. A person born in the United States generally must submit a birth certificate. The birth certificate must show the full name of the applicant, the applicant's place and date of birth, the full name of the parent(s), and must be signed by the official custodian of birth records, bear the seal of the issuing office, and show a filing date within one year of the date of birth.
(b) Secondary evidence of birth in the United States. If the applicant cannot submit a birth certificate that meets the requirement of paragraph (a) of this section, he or she must submit secondary evidence sufficient to establish to the satisfaction of the Department that he or she was born in the United States. Secondary evidence includes but is not limited to hospital birth certificates, baptismal certificates, medical and school records, certificates of circumcision, other documentary evidence created shortly after birth but generally not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth.
Notes of Decisions
Mohamed Mathin v. John F. Kerry, 782 F.3d 804 (7th Cir. 2015).
· cites it 2× “See 22 C.F.R. § 51.42 (a). He properly contends, however, that the absence of contemporaneous official birth records is not dispositive, and that secondary evidence can establish his birthplace.”
Zzyym v. Pompeo, 958 F.3d 1014 (10th Cir. 2020).
“To promote accuracy, the State Department requires applicants to submit original birth certificates, 22 C.F.R. § 51.42 , and establish identity with corroborating identification documents, 22 C.”
Kayla Gore v. William Lee, 107 F.4th 548 (6th Cir. 2024).
“They are used to obtain passports, see 22 C.F.R. § 51.42 (a), Social Security cards, see 20 C.”
Garcia v. Clinton, 881 F. Supp. 2d 807 (S.D. Tex. 2012).
“See 22 C.F.R. § 51.42 , 51.44. Accordingly, Clinton was neither a party to nor in privity with a party to the prior litigation.”
Capener v. Napolitano, 981 F. Supp. 2d 1119 (D. Utah 2013).
“, 22 C.F.R. § 51.42 (a) (specifying that a U.”
Torres v. Rubio (5th Cir. 2025).
· cites it 4× “Under 22 C.F.R. § 51.42 , a regulation promulgated by the Department, a person born in the United States who is applying for a passport for the first time “generally must submit a birth certificate,” which is “[p]rimary evidence of birth in the United States.”
Sabra v. Pompeo (D.D.C. 2020).
“citizen or non-citizen national, including 8 evidence in addition to the evidence specified in 22 CFR 51.42 through 51.44.”); 22 C.F.R. § 51.”
Arthur-Price v. Blinken (N.D. Ill. 2023).
“22 C.F.R. § 51.42 . "Such evidence may include, but is not limited to, 'hospital birth certificates, baptismal certificates, medical and school records, certificates of circumcision, other documentary evidence created shortly after birth but generally not more than 5 years after…”
Rodriguez v. Pompeo (D. Minnesota 2021).
“citizen or non-citizen national, including evidence in addition to the evidence specified in 22 CFR 51.42 through 51.44.”); Sanchez v.”
Salgado v. Blinken (S.D. Tex. 2021).
“Garcia, 915 F Supp 2d at 834 , quoting 22 CFR § 51.42 and Pinto-Vidal v Attorney General of the US, 680 F Supp 861, 862 (SD Tex 1987); see also Tex Health & Safety Code § 191.”
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