TN 17 (02-20)
   
   
   
   PR 19-218 Authority of the State of Pennsylvania to Change a Foreign-born Child’s
         Date of Birth based on U.S. Issued Documents
   
   Date: November 7, 2019
   
   
   SYLLABUS:
   
   Accept a date of birth determination shown on a U.S. State-issued court order or Certificate
      of Birth issued by the State of Pennsylvania as evidence to either establish or change
      an individual’s date of birth in our Numident record if the individual is a foreign
      born adopted child.
   
   
   OPINION:
   
   You asked us for a legal opinion regarding reliance on the U.S. State Issued Documents
      as evidence of date of birth change or a foreign-born adopted child.
   
   
   This is in response to your request for an opinion as to 1) whether the Commonwealth
      of Pennsylvania has the authority under state law to change the date of birth on the
      Numident record of foreign-born child M, based on U.S. issued documents, including
      a state court order and a Certification of Birth; 2) whether the court needs to list
      the supporting documentation of the change of date of birth on the state court order;
      and 3) if the Commonwealth has the authority to change a date of birth, what are the
      documents that the Commonwealth issues as proof of the change of date of birth?
   
   
   We have reviewed the information provided and have researched the relevant provisions
      of Pennsylvania and federal law. Based on this information, it is our opinion that
      the agency may rely on a Court of Common Pleas of Centre County, Pennsylvania, Orphans’
      Court Division Order to change the date of birth of NH, a foreign-born child adopted
      by a United States citizen, on the child’s Numident record. It is also our opinion
      that although there is no specific requirement that the court list supporting documents
      in its order, the court here listed the documents that it considered. Finally, there
      is no specific authority that details the documents that the Commonwealth must issue
      as proof of the change of date of birth.
   
   
   BACKGROUND:
   
   According to the information provided, NH was born in Ethiopia and issued a Certificate
      of Citizenship (N-560/M-561) dated March XX, 20XX, listing her date of birth as November
      XX, 19XX. Subsequently, a Petition to Change Year of Birth for Minor Adoptee was filed
      in the Court of Common Pleas of Centre County, Pennsylvania, Orphans’ Court Division.
   
   
   On July 16, 2019, the Court of Common Pleas of Centre County entered an order changing
      the date of birth for the NH to November XX, 20XX. The order specifically indicated
      that it was based on a hearing and correspondence submitted by J~., M.D1
   
   On July 31, 2019, the NH’s mother filed an application on behalf of the NH for a replacement
      SSN card and requested to change the NH’s date of birth to November XX, 20XX in accordance
      with Public Law No. 113-74, the Accuracy for Adoptees Act. In support of her request,
      the NH’s mother provided the NH’s Certificate of Citizenship and the order from the
      Court of Common Pleas of Centre County.
   
   
   On October 11, 2019, the NH’s mother provided the agency with a Certification of Birth
      that was issued on October XX, 20XX by the Commonwealth of Pennsylvania Department
      of Health, listing the NH’s birthdate as November XX, 20XX.
   
   
   DISCUSSION:
   
   Social Security regulations provide that an applicant may request a change in the
      personal identifying information previously submitted in connection with an application
      for a SSN. See 20 C.F.R. § 422.110 (2019). An applicant requesting a change in her date of birth
      must submit “convincing evidence of your true identity.” 20 C.F.R. § 422.107(a), (b).
      Examples of the types of evidence that an applicant may submit to establish age include
      a birth certificate, a religious record showing age or date of birth, or a passport.
      See 20 C.F.R § 422.107(b). See also POMS RM
         12010.295(A) (establishing procedures to change DOB on the Numident record), POMSRM 10210.265(A)-(D) (listing documents that establish age for an SSN card, including a certification
      of birth).
   
   
   Effective January 16, 2014, the Accuracy for Adoptees Actrequires federal agencies to accept United States issued documents as evidence of
      date of birth for foreign-born adoptees who are adopted by a United States citizen
      parent. See Pub. L. No. 113-74, 127 Stat. 1212 (amending section 320 of the Immigration and Nationality
      Act, 8 U.S.C. § 1431(c)). Acceptable documents include a state court order, U.S. birth
      certificate, certificate of foreign birth, or other state vital records document issued
      by the child’s state of residence in the United States after the child has been adopted.
      Id.
   
   
   In 2014, the agency issued EM-14023, which provides final instructions for processing SSN card applications affected
      by the Accuracy for Adoptees Act and specifically notes that the purpose of the Accuracy
      for Adoptees Act was to make it easier for families of foreign-born adopted children
      to correct their records. See EM-14023. Accordingly, where an individual presents a document issued by a State—including
      a U.S. State court order or a U.S. birth certificate—as evidence to change the date
      of birth on the Numident record based on one of these U.S. documents, SSA adjudicators
      will determine:
   
   
   
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            • 
               whether the State has the authority under state law to change a foreign-born individual’s
                  date of birth through a state court order;
                
 
 
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               the State legal requirements to change a date of birth; 
 
 
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               whether the court order needs to list the supporting documentation of the change of
                  date of birth on the state court order;
                
 
 
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               if the State has the authority to change a date of birth, the documents the State
                  issues as proof of the change of date of birth; and
                
 
 
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               whether the State issues a Certificate of Foreign Birth, Certificate of Birth Abroad,
                  or other Bureau of Vital Statistics (BVS) document as proof of change of date of birth.
                  If the State issues the document under a different title, identify the name of the
                  document.
                
 
 
See EM-14023.F.1. Because the court order changing the NH’s DOB was issued by a Pennsylvania
      court and because the resulting Certification of Birth was issued by the Commonwealth
      of Pennsylvania Department of Health, we looked to Pennsylvania’s adoption laws to
      address the below questions. See Pennsylvania Adoption Act, 23 Pa.C.S. §§ 2101 et seq.
   
   
      - 
         
            1.  
               Whether the Commonwealth of Pennsylvania has the authority under state law
                     to change a foreign-born individual’s date of birth through a U. S. issued court
                     order?  Although there is no specific Pennsylvania statute, regulation, or court decision
                  that authorizes a Pennsylvania court to change a foreign-born individual’s date of
                  birth, Pennsylvania law gives original jurisdiction of adoption proceedings to its
                  courts of common pleas. 23 Pa.C.S.A. § 2301; see also id. § 2302 (parents who are residents of the Commonwealth may petition the court of common
                  pleas in the county where the parents reside to proceed with an adoption); Pa. O.C.
                  R. 15.9 (Petition for Adoption of a Foreign Born Child). Pennsylvania law also grants
                  its courts of common pleas the authority to take testimony and investigate as deemed
                  necessary to inform the court as to the proposed adoption. 23 Pa.C.S.A. § 2724. Notably,
                  Pennsylvania law also provides that the court can establish a date and place of birth
                  at an adoption hearing on the basis of the evidence presented, if no birth certificate
                  can be obtained. 23 Pa.C.S. § 2701 (“If no birth certificate or certification of registration
                  of birth can be obtained, a statement of the reason therefor and an allegation of
                  the efforts made to obtain the certificate with a request that the court establish a date and place of
                        birth at the adoption hearing on the basis of the evidence presented.”) (emphasis added).
                Additionally, Pennsylvania law explicitly provides for the correction of records including
                  corrections of the date of birth on a birth certificate, 28 Pa. Code § 1.33 (corrections
                  in the date of birth on a birth certificate will be made based on documents “which
                  shall conclusively prove the correct date.”) , as well as corrections on other unenumerated
                  “[c]ertificates.” 28 Pa. Code § 1.31 (“Certificates [of birth] without a court order shall be marked ‘corrected’”) (emphasis added). Thus, Pa. Code § 1.31 Code implicitly
                  provides for changes made through a court order.
                In sum, while Pennsylvania law does not specifically provide that a Pennsylvania court
                  may change a foreign-born child’s date of birth, there is ample authority that 1)
                  Pennsylvania courts have jurisdiction over adoptions, including the power to establish
                  a date of birth in certain circumstances, and 2) the Commonwealth has the power to
                  administratively change and correct birth certificates. Thus, it would appear that
                  the Commonwealth of Pennsylvania has the authority to change a foreign-born child’s
                  date of birth through a state court order.
                Accordingly, we believe that the Commonwealth of Pennsylvania had the authority to
                  change the NH’s date of birth through the July 16, 2019 Order from the Court of Common
                  Pleas of Centre County .
                Because there is no specific authority granting the Pennsylvania courts authority
                  to change the date of birth for a foreign-born child, there is no specific authority
                  in Pennsylvania regarding what supporting documentation would be adequate for a court
                  to issue an order changing a date of birth. For the same reason, there is no authority
                  in Pennsylvania regarding whether a court must list supporting documentation in an
                  order changing a date of birth. Rather, 23 Pa.C.S. § 2701 provides that the court
                  can establish an unknown date of birth at the adoption hearing “on the basis of the
                  evidence presented.”
                Here, as set forth in the July XX, 2019 Order, the Court of Common Pleas indicated
                  that it held a hearing and considered correspondence submitted by Dr. Powell. See, e.g.,23 Pa.C.S. § 2701 (court can establish unknown date of birth at the adoption hearing
                  “on the basis of the evidence presented”); 28 Pa. Code § 1.33 (corrections in the
                  date of birth can be made based on documents “which shall conclusively prove the correct
                  date.”) . Although there is no specific requirement that the court list supporting
                  documents, the Orphans’ Court did list what it considered, and, as set forth above,
                  it had the authority to determine the NH’s change of date of birth.
                
 
 
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            2.  
               Does the court need to list the supporting documentation of the change of
                     date of birth on the state court order?  
 
 
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            3.  
               If the State has the authority to change a date of birth, what are the
                     documents that the State issues as proof of the change of date of birth?
                      
 
 
As noted above, there is no specific authority that details the documents that the
      Commonwealth must issue as proof of the change of date of birth.
   
   
   That said, as discussed above, Pennsylvania law provides that certificates corrected
      without a court order are marked “corrected” within the Division of Vital Records, 28 Pa.
      Code § 1.31. Here, however, the NH received a state court order changing her date
      of birth; thus, no “corrected” certificate would have been issued. Instead, on October
      1, 2019, the NH was issued a Commonwealth of Pennsylvania Department of Health Certification
      of Birth, documenting her date of birth as November XX, 20XX, the corrected date pursuant
      to the July XX, 20XX court Order.
   
   
   CONCLUSION:
   
   In sum, Pennsylvania’s adoption statute gives its courts of common pleas jurisdiction
      over adoptions, including foreign-born adoptions, and explicitly permits the courts
      to determine a date of birth in certain situations. Pennsylvania law also permits
      corrections to vital records including birth certificates upon presentation of evidence
      absent a court order. Accordingly, we believe the Commonwealth of Pennsylvania has
      the authority to change the date of birth through a state court order. It is our opinion
      that the state court order and the state issued Certification of Birth are both sufficient
      and acceptable to change the NH’s date of birth on the Numident record.
   
   
   Brian O~
   
   Acting Regional Chief Counsel
   
   By:Annie K. K~
   
   Assistant Regional Counsel
   
   Footnote:
   
   1 The underlying evidence was not submitted to the agency; however, based on correspondence
      from the NH’s mother to the agency, we understand that the Center County Court of
      Common Pleas Order was based on both a letter from Dr. P~ and a bone density test.