Maxim of Law:
Fatuus praesumitur qui in proprio nomine errat. A
person is presumed to be incompetent who makes a
mistake in his own name (that is, does not know his
own name)
The Identification of Newborn, or Newborn Identification, is the first of the estate documents which are made in the formation of, and granting of the estate to the child.
Though the Identification of Newborn and the Certificate of Live Birth, discussed in another blog post, occur near simultaneously, it is believed by this author that the Identification of Newborn is in fact the first document made and executed.
This belief is based purely upon reason and logic. First, when we consider that there is no reason to create this document upon the birth of the child, as the parents are presumed to be the Guardians for the child, and presumably they will meet the needs of the child, there is no reason at the very moment of the entry of the child into the world to create an identifying document for the child. Unless the identity of the child must be known for other purposes.
Second, before a grant can be made of anything in writing, the name or identification of the party receiving the grant must be known. This is the only way to discern one party or individual from another, and the only way to protect the grant from fraud or theft. Though it could be argued that the description of the party or individual could be sufficient, when we consider that features and descriptions can be changed to resemble another, a mere description is in fact insufficient.
For example, if we were to consider the description, baby boy born on 26 May 1957 at Sutter Sini Hospital, we may potentially be confused if there is more than one baby boy born in that particular hospital, on that particular date. The description could be more specific, and add a time. But how many children might be born on the same day at the same time?
To ensure a perfect grant of the estate to the child then, the child is identified first, and receives its name first. The ability to then reference the correct and intended individual is had, and the other documents essential to the estate can then be created, executed, and delivered.
When we look at the Identification of Newborn or Newborn Identification document, we can see a few things that are obvious. First, the fingerprint of the mother is taken, as are the prints from both of the infant’s feet. This is the only time that the prints are taken from the feet of the infant, and these prints are never again used in the legal system.
Some seekers have incorrectly assumed that these prints are applied to the birth certificate or the certificate of live birth, however this is a mistaken assumption. They are collected, but not on any other record than the Identification of Newborn. The next thing we notice, is that the form attests that the prints were taken in the delivery room. This is significant for two reasons. First, it is further evidence that this is the first document generated, demonstrating the importance of identifying the child. It is in fact so important that the prints are taken as the very first act upon the child entering the world, and before it is given its name.
Second, the fingerprint of the mother is taken at the same time. This not only further dispels the foundling myth, but creates a direct link to the mother’s estate, and assuming the mother is married, to the father’s estate as well through the marriage deed.
A few other noteworthy aspects to this document are the fact that the medical personnel applying the identification bracelet must sign the document, the person collecting the prints must sign the document as a witness, and a third witness must sign upon the discharge of the child. This is common law at work. Also, the mother must ratify the identification at the bottom upon discharge.
The fact the mother is identified at the top of the document, and signs that the child received upon discharge is her child, tie directly into the Birth Certificate and the Certificate of Live Birth and what these documents are for.
The Identification Of Newborn or Newborn Identification also applies a unique identifying number to the child before the name is attached. Following the initial collection of prints the name the child will be known by, as well as other key information, i.e. date or birth, time of birth, sex, race, weight and length are all added to the document as further identifying traits.
As the first document generated upon the birth of a child, it should be clear to the reader that this is a significant document with a specific purpose. What that purpose is will be explored in the posts on the Birth Certificate and the Certificate of Live Birth as we explore these documents.