Code of Federal Regulations · Section
§ 51.42 — Persons Born In The United States Applying For A Passport For The First Time
22 C.F.R. § 51.42
(a) Primary evidence of birth in the United States. A person born in the United States generally must submit a birth certificate. The birth certificate must show the full name of the applicant, the applicant's place and date of birth, the full name of the parent(s), and must be signed by the official custodian of birth records, bear the seal of the issuing office, and show a filing date within one year of the date of birth.
(b) Secondary evidence of birth in the United States. If the applicant cannot submit a birth certificate that meets the requirement of paragraph (a) of this section, he or she must submit secondary evidence sufficient to establish to the satisfaction of the Department that he or she was born in the United States. Secondary evidence includes but is not limited to hospital birth certificates, baptismal certificates, medical and school records, certificates of circumcision, other documentary evidence created shortly after birth but generally not more than 5 years after birth, and/or affidavits of persons having personal knowledge of the facts of the birth.
Authorizing Statute
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Information concerning resident status26 U.S.C. § 6039E
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Duties of Secretary42 U.S.C. § 652
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Fees and charges for Government services and things of value31 U.S.C. § 9701
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Surcharges related to consular services8 U.S.C. § 1714
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Powers and duties of Secretary of State8 U.S.C. § 1104
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Travel control of citizens and aliens8 U.S.C. § 1185
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Authority to grant, issue, and verify passports22 U.S.C. § 211a