The third and final document within the collection of the estate documents is the Birth Certificate. There are as many theories of what the birth certificate is as there is confusion about what it is. This confusion is easy to comprehend given that everyone who has studied this topic agrees that this document is one with multiple purposes.
As set out in the blogs on Myths, the myth that the Birth Certificate is a bond, and can be “cashed in,” or that it is a form of corporate membership certificate, should be avoided by new researchers, and those newly embarking on the journey to self-governance. For those seasoned researchers who may cling to this myth, it is the hope of this author that this myth will ultimately be abandoned, and the roadblock created by it will be removed, so that each can claim their estates, and find the position of authority and self-governance sought.
Looking, for the moment, past the “ribbon” printing on the Birth Certificate, there are several artifacts on the Birth Certificate which are of interest to the researcher. The first of these is the use of the term “Certificate.” This is of interest because a “certificate” is:
“A written assurance, or official representation, that some act has or has not been done, or some event occurred, or some legal formality been complied with.” Also, “A written assurance made or issuing from some court, and designated as a notice of things done therein…” (Black’s Law 9th @pg. 257)
As relates to the Birth Certificate, the “written assurance or official representation, that some act has or has not been done” or “some event occurred,” and “some legal formality been complied with” relates to the official act of the trustee receiving the deed, i.e., the Certificate of Live Birth, and is retaining it until such time as the beneficiary of the trust demands it.
The definition of Trustee is “One who stands in a fiduciary or confidential relation to another; esp., one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary.• Generally, a trustee’s duties are to convert to cash all debts and securities that are not qualified legal investments, to reinvest the cash in proper securities, to protect and preserve the trust property, and to ensure that it is employed solely for the beneficiary, in accordance with the directions contained in the trust instrument.” (Black’s Law 9th @pg. 1656)
Given the words “Birth Certificate” appear at the top of the page, in print larger than any other print on the document, we can easily see that this is meant as a conspicuous writing similar to that used on the Certificate of Live Birth.
For those who are new to the journey to being self governing, a conspicuous writing is “Conspicuous, adj. (1534) (Of a term or clause) clearly visible or obvious .• Whether a printed clause is conspicuous as a matter of law usu. depends on the size and style of the typeface. Under the UCC, a term or clause is conspicuous if it is written in a way that a reasonable person against whom it is to operate ought to notice it. UCC § 1-201(10). (Black’s Law 9th @pg. 351)
Though the Certificate of Live Birth and the Birth Certificate share many similarities, such as the decorative ribbon designs, the reference to some of the data on the form, and the agency which holds the records. It is in the differences that we find the meaning and purpose of this document.
First, let’s consider this one simple truth. Since there is a Certificate of Live Birth created after the Newborn Identification, which tracks a logical course, as the new born child must first have a name to fill in the data fields on the grant deed (Certificate of Live Birth), and as there is no logical reason to create another, different document evidencing the same event, then this document has its own purpose and scope.
When the public trustee is asked about the difference, they have simply stated that one is a short form, and the other a longer version. Though this is not technically false, it is also not completely accurate.
Again, there would simply be no reason to create a shorter version of a form that is already serving a purpose. But the public trustee can tell an inquiring man or woman this obvious fact, as the forms are as described, without risking a claim being made against them for mischief or deception. Even if the statement is in fact a material misrepresentation.
With some variations due to the States seeking to be somewhat unique and autonomous, the Birth Certificate contains the basic information such as the child’s name, the names of the parents, date of birth, sex or gender of the child. However, again, the fact of what this document is, and its scope and purpose are found in what is different.
The Birth Certificate has a “State File Number” which we will explore in a moment. However, what is of primary interest is the dates denoted on the document. When we review the dates, we find there are two. One is a “Date Filed” or “File Date” and the other is an “Issued Date” or “Date Issued.”