Home Schooled Girl Can't Prove She's an American – or Even Exists

[MadImmortalMan]

As she is technically a stateless person, I wonder if the UN can help her like they help other stateless persons (typically political refugees)?

Maybe that world passport idea.

[Valmy]

I am confused.  Texas law is clear.  The parents are compelled by law to report the birth and if they refuse they are committing a crime.  Where the ambiguity coming from?

[Admiral Yi]

I am confused.  Texas law is clear.  The parents are compelled by law to report the birth and if they refuse they are committing a crime.  Where the ambiguity coming from?

How does the DA prove they failed to report a birth? 

[Valmy]

I am confused.  Texas law is clear.  The parents are compelled by law to report the birth and if they refuse they are committing a crime.  Where the ambiguity coming from?

How does the DA prove they failed to report a birth? 

Well they have other children who have not run away.  Not sure though, maybe I should ask around when I go to work tomorrow.

[Capetan Mihali]

I am confused.  Texas law is clear.  The parents are compelled by law to report the birth and if they refuse they are committing a crime.  Where the ambiguity coming from?

How does the DA prove they failed to report a birth? 

Testimony from nurses/doctors and hospital staff that allows the hospital records of the mother entering the hospital on November __, 1995 and leaving on November __, 1995 with a female child.  Any later statements made by the parents about the fact that they didn't report the birth could also come in from other witnesses (e.g. the daughter) under the party-opponent hearsay exception.

[Ed Anger]

We can't prove DG is American either.

[jimmy olsen]

I am confused.  Texas law is clear.  The parents are compelled by law to report the birth and if they refuse they are committing a crime.  Where the ambiguity coming from?

How does the DA prove they failed to report a birth? 

Testimony from nurses/doctors and hospital staff that allows the hospital records of the mother entering the hospital on November __, 1995 and leaving on November __, 1995 with a female child.  Any later statements made by the parents about the fact that they didn't report the birth could also come in from other witnesses (e.g. the daughter) under the party-opponent hearsay exception.

Pretty sure the girl was born at home.

[Valmy]

Pretty sure the girl was born at home.

I think he was just explaining what the legal process is, not suggesting she was born at a hospital.  Obviously the hospital would have reported the birth on its own if that was the case.

[Admiral Yi]

I think he was just explaining what the legal process is, not suggesting she was born at a hospital.  Obviously the hospital would have reported the birth on its own if that was the case.

The lack of eyewitnesses is obviously a major impediment.

[Ideologue]

Iirc, a court can compel a DNA test for paternity issues.  I could be wrong about that.  Hope I'm not.  That wouldn't be my America, at all.

Of course, her problem is an administrative issue--a Health Department unwilling to render a birth certificate based on lack of documentation (and hence a zillion other agencies refusing to give her her papers as well).  I'm unsure whether an administrative court can compel a DNA test, or if that's even sufficient to show she was born in a certain county or state, though I suppose it would be likely as not and I believe that'd be the standard of proof used.

[Ideologue]

Anyway, one extralegal solution is to kill her evil parents and usurp her mother's identity.  She has an SSN.

[jimmy olsen]

Iirc, a court can compel a DNA test for paternity issues.  I could be wrong about that.  Hope I'm not.  That wouldn't be my America, at all.

Of course, her problem is an administrative issue--a Health Department unwilling to render a birth certificate based on lack of documentation (and hence a zillion other agencies refusing to give her her papers as well).  I'm unsure whether an administrative court can compel a DNA test, or if that's even sufficient to show she was born in a certain county or state, though I suppose it would be likely as not and I believe that'd be the standard of proof used.

Does it matter where she was born? If her parents are American citizens, she is too.

[Ideologue]

I suppose it must matter to the Health Dept. issuing the birth certificate.

[grumbler]

It is an interesting case.  You'd think the courts could compel the parents to submit to a DNA test, but there are all kinds of weird laws and exceptions to laws, and she may fall into some kind of legal limbo because she's too old to be a ward of the court and too poor to afford a lawyer.  I'd think there would be a law school somewhere willing to take on her case just for the practice.

[MadImmortalMan]

Well, proving she exists isn't hard. I see no reason to question her version of events for the purposes of fitting her into society. There's no compelling reason to doubt them unless we suspect she's some kind of deep cover foreign operative or terrorist.