[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR51.43]

[Page 248-249]
 
                       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

[[Page 249]]

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 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]