[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR51.43]



[Page 245-246]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 51_PASSPORTS--Table of Contents

 

          Subpart C_Evidence of U.S. Citizenship or Nationality

 

Sec.  51.43  Persons born in the United States applying for a passport 

for the first time.



    (a) Primary evidence of birth in the United States. A person born in 

the United States in a place where official records of birth were kept 

at the time of his or her birth shall submit with the application for a 

passport a birth certificate under the seal of the official custodian of 

birth records. To be acceptable, a certificate must show the full name 

of the applicant place and date of birth, and that the record thereof 

was recorded at the time of birth or shortly thereafter.

    (b) Secondary evidence of birth in the United States. If the 

applicant cannot submit primary evidence of birth, he or she shall 

submit the best obtainable secondary evidence. If a person was born at a 

place in the United States



[[Page 246]]



when birth records were filed, he or she must submit a ``no record'' 

certification from the official custodian of such birth records before 

secondary evidence may be considered. The passport issuing office will 

consider, as secondary evidence, baptismal certificates, certificates of 

circumcision, or other documentary evidence created shortly after birth 

but not more than 5 years after birth, and/or affidavits of persons 

having personal knowledge of the facts of the birth.



(22 U.S.C. 2658 and 3926)



[38 FR 4667, Feb. 20, 1973, as amended at 49 FR 16989, Apr. 23, 1984]