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Babies and SSN . . . from a fellow American

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  • Legalbear
    No birth certificate nor SSN are required by law for babies. Read below and become aware of your and your child s rights.
    Message 1 of 1 , Jun 1, 2003
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      No birth certificate nor SSN are required by law for
      babies. Read below and become aware of your and your
      child's rights.
      =========================================================
      ====================================================
      No American living in a state is "subject to the
      jurisdiction of Congress," generally speaking, unless one
      is a nonresident alien involved in immigration
      proceedings or nonresident employee; or one is a federal
      officer, federal employee; active member of the Armed
      Forces; elected federal official; mariner, Indian ward,
      engaged in interstate commerce, or federal insurance. No
      law requires an American citizen or American national to
      complete a Form W-4 nor be required to obtain or disclose
      a socialist insecurity number as a condition of being
      hired or contracting with non-federal entities.
      http://www.preferredservices.org/Ax_the_Tax.1.html

      My notes inline, below,
      B

      Brad:

      I received your name and e-mail from Lynda in LA area. My name is Rob
      and I'm from
      Ohio. Lynda informed me that your family recently welcomed a child into
      the world and
      that you got neither SSN of birth cert for the child. My wife, Jessamy,
      is due in three
      weeks.

      B: Congratulations! I pray the arrival of your Blessing will be much
      less tramatic than was
      ours. You can read about this matter at
      http://groups.yahoo.com/group/PersonalOdyssey
      beginning with message 362. If you choose not to subscribe to my list,
      you can use the
      guest userID and password shown in the body of the above page.

      B: There is a advance notice that we provided to the hospital staff that
      pretty much
      delineates our position on these matters:
      http://groups.yahoo.com/group/PersonalOdyssey/message/356

      I would greatly appreciate it if you would expound on the reasons you
      chose not to have
      SSN and birth cert, and the any complications you may have run into in
      doing so.

      B: Birth certificates are only issued to foundlings - fatherless
      children. Note that the
      mother's maiden name is used on the certificate, rather than her married
      name. The name
      of the father may or may not be on the certificate. Because the two
      parents do not appear
      by the record to be married, the certificate constitutes evidence that
      the child has no
      lawful father, is a bastard, and so the state assumes parentage under
      the auspices of
      parens patria. Once this registration has been accomplished, the child
      becomes a "res" for
      the state to regulate. If you doubt the birth certificate laws of your
      state, check them. See
      if there is a PENALTY for failure to register the birth. If there is no
      penalty, then there is
      no duty imposed.

      B: With regard to the SSAN, first take a look at WHO is required to
      obtain an SSAN at
      42 USC 405(c)(2)(B)(i):

      http://www4.law.cornell.edu/uscode/42/405.html --cite-- (i) In carrying
      out the
      Commissioner's duties under subparagraph (A) and subparagraph (F), the
      Commissioner
      of Social Security shall take __affirmative measures__ [B: does not say
      required] to
      assure that social security account numbers will, to the maximum extent
      practicable, be
      assigned to all members of appropriate groups or categories of
      individuals by assigning
      such numbers (or ascertaining that such numbers have already been
      assigned):

      (I) to __aliens__ at the time of their lawful admission to the United
      States either for
      permanent residence or under other authority of law permitting them to
      engage in
      employment in the United States and to other aliens at such time as
      their status is so
      changed as to make it lawful for them to engage in such employment; [B:
      so WHO is
      required to get a number for employment???]

      (II) to any individual who is an __applicant for or recipient of
      benefits__ under any
      program financed in whole or in part from Federal funds including any
      child on whose
      behalf such benefits are claimed by another person; and [B: If I do not
      directly receive
      federal funds, then I need no SSAN]

      (III) to any other individual when it appears that he could have been
      but was not assigned
      an account number under the provisions of subclauses (I) or (II) but
      only after such
      investigation as is necessary to establish to the satisfaction of the
      Commissioner of Social
      Security, the identity of such individual, the fact that an account
      number has not already
      been assigned to such individual, and the fact that such individual is a
      citizen or a
      noncitizen who is not, because of his alien status, prohibited from
      engaging in
      employment; [B: just makes sure the above two classes are done.] and, in
      carrying out
      such duties, the Commissioner of Social Security is authorized to __take
      affirmative
      measures to assure__ the issuance of social security numbers: [B: again
      - no requirement]

      (IV) to or on behalf of children who are below school age __at the
      request of their
      parents or guardians__; and

      (V) to children of school age at the time of their first enrollment in
      school. --end cite--

      B: (V) is moot if you home school - but they cannot force you to violate
      your deeply held
      spiritual beliefs and training - Wisconsin v Yoder and Sherbert v
      Verner, CONgress
      overturned Employment Agency v Smith by statute - the Religious Freedom
      Restoration
      Act of 1993 - most states have followed suit.

      B: Next, take a look at the use of the SSAN with regard to birth
      certificates at 42 USC
      405(c)(2)(C)(ii):

      --cite-- In the administration of any law involving the issuance of a
      birth certificate, each
      State shall require each parent to furnish to such State (or political
      subdivision thereof) or
      any agency thereof having administrative responsibility for the law
      involved, the social
      security account number (or numbers, if the parent has more than one
      such number)
      issued to the parent unless the State (in accordance with regulations
      prescribed by the
      Commissioner of Social Security) finds good cause for not requiring the
      furnishing of
      such number. The State shall make numbers furnished under this subclause
      available to
      the Commissioner of Social Security and the agency administering the
      State's plan
      __under part D of subchapter IV of this chapter___ in accordance with
      Federal or State
      law and regulation. Such numbers shall not be recorded on the birth
      certificate. A State
      shall not use any social security account number, obtained with respect
      to the issuance by
      the State of a birth certificate, for any purpose other than for the
      enforcement of child
      support orders in effect in the State, unless section 7(a) of the
      Privacy Act of 1974 does
      not prohibit the State from requiring the disclosure of such number, by
      reason of the State
      having adopted, before January 1, 1975, a statute or regulation
      requiring such disclosure.
      --end cite--

      B: What is Part D of subchapter IV of Chapter 7 of Title 42?

      http://www4.law.cornell.edu/uscode/42/ch7schIVpD.html TITLE 42 > CHAPTER
      7 >
      SUBCHAPTER IV > Part D Part D - Child Support and Establishment of
      Paternity

      B: I personally do not care to the the state stick its nose into my
      personal affairs with
      regard to paternity or child support. This is my child, I will take care
      of it, and no state
      can regulate that relationship, unless I give "consent" by registering
      my child.

      I've only recently began studying the no income tax issue and that lead
      me (thru Steadman
      Jackson) into the SSN and B.C. issues. I know some, but knowing more
      would never
      hurt.

      B: Some Redemptionists think there is more, but I am waiting until I see
      what my friend
      Marsha does with this in her case.

      Thank you for your interest in this matter. I look forward to hearing
      from you.

      Rob

      B: Of course, you will not be able to claim your child as an exemption
      on an income tax
      return, but since I have never received notice from the District
      Director that I am a person
      required to keep books and records and file returns, I do not file a
      return.

      B: Other problems will, of course, ensue. You have to decide whether or
      not the "trouble"
      is worth it. I need only read Revelation, Chapter 13, verses 16 and 17
      to make that
      determination.

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