The Bluffton News

Requests For Birth Certificates Increasing, Town Clerk Reports

Social Security Legislation Creates Need For Establishing Birth Record

Numerous Former Bluffton Residents Write to W. O. Geiger for Certificate

Increasing need for accurately establishing birth records brought about by social security and old age pension laws and more recently by the employment requirements in the national defense industries has caused steadily increasing requests here for birth certificates or other record of birth, according to W. O. Geiger, city clerk, in charge of local birth registration.

Although most of the certificates issued in Bluffton are for infants, an unusually large number of them have been for adults. Many people are having difficulty in proving that they were born because no written record can be found.

County authorities are not satisfied with the recording of the birth date in the family Bible as was the custom for many years. Insurance companies and old age pension officials will often take the Bible record as sufficient proof but not so with county authorities.

Bluffton Record

The record of Bluffton births is fairly complete since December, 1908 and with few exceptions entirely complete for the past 15 years. It is always regular procedure to record the birth at the town and county where the birth occurred rather than the home town of the infant, Geiger pointed out.

All of the births at the Bluffton hospital, even though the parents are from other counties are recorded locally and should the birth certificate be desired in later years, it would be originally entered here.

Probate Judge Paul R. Capell of Hancock county has been pointing out that "every individual ought to check his birth and see that it is properly recorded irrespective of the birth or age of the individual. It is the personal responsibility of every individual to be sure of the correctness of the record."

Persons who have grown up with their natural parents have every good reason to believe that the matter of their birth and citizenship is established and easily provable. But, according to Judge Capell, it is not always so. For instance—

He Lost His Pension

One applicant not long ago needed to establish his birth record in order to qualify to continue to receive his old age pension. What he really found was that he was not even a citizen of the United States, and until he becomes "naturalized" or the matter is taken care of in some legal procedure, if possible, he no longer will receive a pension.

His parents migrated to America from Europe when he was a youth, the oldest of a family of several children.

His father and mother applied for naturalization and eventually gained their citizenship but not until a few days after their oldest son had reached the age of 21. As a result, he was not affected by his father's new status of American citizenship. Due to the nearness of the dates the matter was never questioned, however, and throughout many years of his life he has regarded himself as an American citizen, has voted and enjoyed all the privileges of citizenship all in good faith. But now the accident and error has been unearthed and he finds himself an alien in his own home land.

Birth Records Kept

Since 1909 the Ohio law has required the keeping of vital statistics, the records of birth and deaths. Younger persons born since that date, usually find little difficulty in getting a birth certificate. It is a matter only of turning to the record of the registrar—unless the doctor was negligent about filing the information. In that case probably 35 or 30 years have elapsed and the doctor may be dead which complicates the matter.

Legal birth records may go back much further than 1909 into the days when the tax assessors were charged with the matter of getting the information. In many such cases the applicant finds his name was misspelled by the assessor or the record may otherwise be incorrect.

In such cases there is a procedure by law for making the correction upon the testimony of affidavit of the attending physician, if available, or on the testimony of two witnesses who are at least six years older than the applicant, and who have knowledge of the facts by reason of personal contacts with the family at the time of the birth. Or, documentary evidence may be used if witnesses are lacking.

May Establish Record

For persons whose birth is not a matter of official record the law provides a method to make it so and provides for a filing fee of $3 together with such other costs as may be incurred in assembling the necessary information and proofs. All of the provisions of the law apply only to those persons who have been born in Ohio. Those born in other states must apply in the state where they were born.

An application for the registration of birth must be supported by the personal testimony of the applicant and two credible witnesses who have personal knowledge of the facts, in open court before the probate judge.

If such witnesses cannot be obtained, clear and convincing documentary evidence must be presented in open court. The probate court may conduct such investigation as it deems necessary, and shall permit the applicant and all witnesses presented to be cross-examined by any interested person, or by the prosecuting attorney of the county. When a witness or the applicant is unable to appear in open court, by reason of sickness or residing beyond the jurisdiction of the court, the court may authorize the taking of his deposition as provided by law.

Many Sources Available

When the required affidavits cannot be furnished, the necessary facts may be proven by submitting to the court authentic documentary evidence the most acceptable of which are the following:

A. Baptismal record, or original family Bible record.

B. Records from Federal State or local census.

School enrollment records.

D. Military records, or Civil Service records.

E. Insurance policy of more than five years standing.

F. Application for marriage license of more than five years standing.

G. Naturalization record of parents.

H. Original or certified copy of birth certificate of child of applicant, showing age and place of birth or parents.

I. Official church records of confirmation or membership.

J. Employment, union or lodge records of more than five years standing.

K. Old newspaper clippings of birth, baby books, infant's bank account.

L. Old legal documents of any sort showing age and place of birth.

M. Any other old record which the judge deems authentic and convincing.

Law is Cited

Probate Judge Capell cited the following paragraphs of the law pertaining to the correction of birth records:

"Whoever claims to have been born in the state of Ohio, and whose registration of birth is not accurately recorded, may file an application for registration of his birth, or correction of his birth record, in the probate court of the county of his residence, or the county in which his mother resides at the time of his birth,

"An application to correct a birth record shall set forth all of the available facts required on a certificate of birth and the reasons for making said application, and shall be duly certified by the applicant. Upon the filing of such application the court, in its discretion, may fix a date for hearing thereon which date shall not be less than seven days after filing date. The court in its discretion may require one publication of notice of the hearing in a newspaper of general circulation in the county at least seven days prior to the date of the hearing. Said application shall be supported by the affidavit of the physician in attendance, if available; if such affidavit is not available the application shall be supported by the affidavits of at least two persons having knowledge of the facts thereon, or by documentary evidence or such other evidence as the court may deem sufficient.

"If the probate judge is satisfied that the facts are as stated, he shall make an order correcting such birth record. If the birth of the applicant is incorrectly recorded in an office other than the probate court in which the application is filed, the probate judge shall transmit a certified copy of the order to such office, where it shall be filed and recorded in the same manner as other birth records, a cross-reference shall be made on the original and on the corrected record."