Colorado just changed how ‘Stateless’ people can get delayed birth certificates
A unanimous decision by the Colorado Board of Health on Wednesday has altered the state’s regulations regarding delayed birth certificates. While seemingly a minor adjustment, the change has the potential to significantly impact individuals previously unable to obtain this crucial documentation.
Understanding the Previous Regulations
Prior to this week, Colorado required applicants for delayed birth certificates – those whose births were not registered within the first year of life – to submit two official documents. These documents had to include the applicant’s full name, date and place of birth, and the names of their parents. A critical component of the previous rules stipulated that one of these documents must have been created within the applicant’s first ten years of life. This presented a significant barrier for individuals lacking records from their early childhood, offering them no pathway to a legal birth certificate.
The Rule Change and Its Impact
The Board of Health’s new rules remove the ten-year requirement. Instead, applicants must now submit a document created at least ten years before the application date. The changes will take effect in 30 days. Casey Sherman, an attorney with Colorado Legal Services, emphasized the magnitude of this shift, stating, “overstate what a massive change this will be for our clients. It essentially unlocks all the benefits to American citizenship where that door was previously closed to people.”
The Case of Abigail McKinnon
The rule change was, in part, prompted by a lawsuit filed by Abigail McKinnon, a client of Casey Sherman. McKinnon asserts she was born in Woodland Park in 1994 to parents who, due to their religious beliefs, chose not to register her birth with the government. The lawsuit alleged that Colorado’s previous rules were unconstitutional. However, the suit was paused in January following the announcement of the proposed rule change. Sherman indicated McKinnon intends to withdraw her lawsuit if she is able to obtain a delayed birth certificate under the new regulations.
What Could Happen Next
While the rule change represents a substantial victory for many, some individuals may still face challenges. Sherman indicated that she continues to represent clients who will not be helped by the revised regulations. She advocated for further expansion of the rules to include a judicial review process for delayed birth certificate cases denied by the Colorado Department of Public Health and Environment (CDPHE). Board members expressed interest in this idea, but acknowledged that implementing it would require action from the state legislature. It is possible the legislature could consider a bill to allow for judicial review in the future. Alternatively, Colorado Legal Services could pursue further legal challenges on behalf of clients who remain unable to obtain birth certificates. A possible next step could also involve further advocacy efforts directed toward the CDPHE to clarify and streamline the application process.
Frequently Asked Questions
What prompted the change in Colorado’s delayed birth certificate rules?
The change was prompted, at least in part, by a lawsuit filed by Abigail McKinnon, whose parents did not register her birth due to their religious beliefs.
When will the new rules go into effect?
The new rules will go into effect 30 days after Wednesday’s vote.
What was the key requirement removed by the new rules?
The new rules removed the requirement that one of the submitted documents must have been created within the applicant’s first ten years of life.
How might access to a birth certificate impact an individual’s life opportunities?