One myth regarding the Certificate of Live Birth is that we must present ourselves to the Probate Officer, or Coroner, to be declared to be alive. As the myth goes, because the Registrar has signed the Certificate of Live Birth, this is an indication that office is holding the Certificate of Live Birth.
The myth continues that, because the Registrar and the Office of the Coroner are related, and the Registrar signs the birth certificate, that we clearly must go to the Office of the Coroner to prove that we are living, and secure from that office some document attesting to our status as living.
The myth continues that, because after seven (7) years of no activity or evidence one is alive, one may be declared dead; and because the child does not become active in commerce in most instances until age sixteen (16), each of us were presumed to be deceased. This myth rests on the presumption that, where one is not active in commerce, or there is no evidence one is alive, the public trustees automatically presume one is deceased. When referring to the various public officers or officials, we will refer to them as “public trustees.” This is because each public employee, regardless of rank or seniority, is in fact a public trustee of and for the public.
As intriguing and interesting as this myth is, there are several things we can see that disproves the claim, and dispels the myth. The first of these is the maxims of law Mors omnia solvit [Death dissolves all things], and Non nasci et natum mori paria sunt [Not to be born and to be born dead are equivalent]. If in fact we were presumed dead before ever reaching the age of majority, as this myths stands on, we could never redeem the estate. Yet, redemption of the estate is possible, which dispels this myth and shows us much more is going on.
Also dispelling this myth is the doctrine of parens patriae, a Latin term referring to the ancient principle of law that a child, being incompetent, is unable to meet its own needs, and is dependent upon its parents or care-giver for the things the child needs to have provided. For this reason, the parents are entrusted with the care, well-being, and education of the child. “The state ordinarily has no standing to sue on behalf of its citizens, unless a separate, sovereign interest will be served by the suit. Also termed doctrine of parens patriae.” (Black’s Law Dictionary, 9th Edition at 1221)
Quite unlike being presumed deceased, the growth and welfare of the child are monitored closely by various public trustees from the public education instructors, to mandatory reporters in the medical and psychological professions, to the child welfare agents. If, in fact, the child were presumed deceased, such interest would not be involved in the life and growth of the child, and any public funding spent on such monitoring would be a breach of the public trust, as well as arrogation or misappropriation of public funds.
Additionally, the doctrine of parens patriae, a doctrine specifically intended to protect a child without a parent, or with a malfeasant or neglectful parent or care-giver, would not apply to a deceased child. As the courts have said since the 15thcentury, a deceased has no rights as no injury can be suffered by one who is deceased.
Also, this myth is disproved where a child causes damage or injury. In these cases, the liability which is typically vested in the one doing the harm passes to the parents or care-giver who are gardianus, or guardians6 over the child. Were the child deceased, or presumed deceased, as this myth goes there would be no such liability, and no principle or maxim of law could hold the parent liable for the damage.
Finally, this myth is fully dispelled when we consider that at no time after seven years have elapsed is there ever a death certificate issued.7 When we research the laws which allow the presumption this myth is based on, we find that upon petition by the interested party, the court issues an order and a Death Certificate is generated.8 Such a presumption or declaration is not automatic, but is only made following a petition and evidence of no sign of life being presented to a court, with a prayer that the missing person be declared deceased.
Another myth linked to the Certificate of Live Birth, and not too far removed from the “Deceased Myth” described above, is that the Certificate of Live Birth shows we are all wards of the State by the doctrine of Parens Patriae, making the government guardian ad litem9 for all people, whether child or adult.
This myth stems from a miscomprehension of the Certificate of Live Birth, the Law of Deeds, and the ancient law of seisen. This myth is also fueled by the fact there are documents related to the Estate which most researchers have overlooked, or failed to discern the importance of.
We will focus here on the core of this myth, that the government is guardian ad litem, and leave the oversight to the another post, where it will be fully exposed in order to move the reader to a more perfect comprehension.
The definition of parens patriae lends to this myth when the definition is viewed in isolation. As many will point to the fact criminal charges are typically brought in the name of the State, it is argued that the government is acting in parens patriae. What is being ignored by proponents of this myth is that the application of this rule applies only where the State is providing protection to those unable to care for themselves or someone who is under a legal disability to prosecute the suit.
This observation is not so much “wrong” as simply misunderstood, and when properly comprehended it lends to one of the many ways to defend oneself against the State when a suit, whether criminal or civil, has been brought. This is because the state ordinarily has no standing to sue on behalf of its citizens, unless a separate, sovereign interest will be served by the suit. However, for the purposes of this discussion, it simply needs to be comprehended that this myth is based on an incomplete comprehension.
The last pervasive myth attached to the Certificate of Live Birth that is of interest is that there is an additional page, an extra portion, or Articles on the back of this document.
Many researchers have mistakenly assumed the footprint taken from the child at birth, as well as the drop of blood taken, are placed on the Certificate of Live Birth, and that this is hidden from the public when we are given the copy, as this does not appear on the document.
As has been explained in the post on the Identification of Newborn, the blood and foot prints are in fact collected when a child is born. However, most fail to take adequate notice of the document these were applied to subsequent to collection. This oversight has hindered many, frustrated more, and fed into the fearmongering typically present in the void of comprehension.
With the exploration presented in the post on the Identification of Newborn, which involves the collection of the blood and foot prints of the child, and the document these are applied to, this author trusts this myth will be shunned into silence.