TN 8 (08-10)

Categories of evidence documents are listed below in order of probative value, with level one (primary evidence) being the highest and level four being the lowest. Documents within the same group have the same probative value.

See GN 00302.165 for general guidelines on evaluating evidence of age. References shown next to document types provide information about and guidelines for evaluating specific types of evidence. The individual’s age at the time the document was established can affect the probative value of the document.

A. Level one: Primary evidence of age

Primary evidence of age is a U.S. public birth certificate (BC) established before age five and issued by a State or local BVS for an individual born within its jurisdiction.

B. Level two: Alternative evidence of age established before age five

• Religious record showing age or date of birth (GN 00302.056)

• FS-240, Report of Birth Abroad of a Citizen of the U.S. (GN 00302.535 and RM 10210.505)

• FS-545, Certification of Birth (GN 00302.535 and RM 10210.505)

• DS-1350, Certification of Report of Birth (GN 00302.535 and RM 10210.505)

• Foreign BC (RM 10210.290)

• U.S. hospital record of birth (GN 00302.530)

IMPORTANT: Under the privacy provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), you must obtain a signed release from the applicant on form SSA-L706, “Letter to Custodian of Birth Records,” to verify hospital/medical birth records independently. The SSA-L706 is available in SSNAP. Complete applicable entries on the form per GN 00302.070.

• Seneca Indian tribal census record (GN 00302.640)

• Bureau of Indian Affairs tribal census records of the Navajo Indians (GN 00302.630)

• U.S. notification of birth registration (GN 00302.515)

C. Level three: Alternative evidence of age

• FS-240 (Report of Birth Abroad of a Citizen of the U.S.) if established at or after age five (GN 00302.535 and RM 10210.505)

• U.S. passport or passport card (RM 10210.550)

• Federal or State census record (GN 00302.710)

• Statement signed by the physician or midwife who was in attendance at the time of birth (GN 00302.550)

• IMPORTANT: Under the privacy provisions of HIPPA of 1996, you must obtain a signed release from the applicant on form SSA-L706, “Letter to Custodian of Birth Records,” to verify hospital/medical birth records independently. The SSA-L706 is available in SSNAP. Complete applicable entries on the form per GN 00302.070.

• Final adoption decree that shows the child's name and date of birth

• U.S. immigration document or record (e.g., I-551, employment authorization document, or I-94) (RM 10211.001)

• U.S. naturalization record (GN 00302.940)

• Church or other religious record (GN 00302.056)

• Military record (GN 00302.580)

• Delayed BC (GN 00302.540)

• Foreign passport (per RM 10210.270C, presume the foreign passport is authentic if DHS verifies the U.S. immigration document)

D. Level four: Other alternative evidence of age

• Marriage record (GN 00302.570)

• Driver's license

• BC of the applicant's child that shows the applicant's DOB or age (to determine applicant’s age on the date of the child’s birth.)

• State identity card

• Life insurance policy (established five or more years ago) (GN 00302.575)

• School record (established five or more years ago) (GN 00302.565)

• Statement from a State-approved adoption agency or a court with jurisdiction over the adoption process. The statement must show the child's name and DOB. This is needed in situations where an adoption is not finalized and the State in which the child was born will not release a BC prior to final adoption. The source of this information must be an original BC and this must be indicated in the statement.

E. Other documents not listed above

If an applicant submits a document that is not listed as acceptable evidence above, but the document merits further consideration, see RM 10210.170D, Using "RO/CPS Int" for a document that may be acceptable but the RO or OCO/CPS is either currently evaluating its probative value or must be asked to evaluate its probative value.

F. No evidence is available to establish the month, day or year of birth

• In rare cases, it may be necessary to rely on a medical opinion to establish age (e.g., the applicant is an abandoned child, mentally impaired, or the victim of amnesia). When this is necessary, the year of birth will be based on the age established in the medical opinion.

• When an individual’s month of birth is known, but there is no evidence to establish the day of birth, show the last day of the month as the day of birth (e.g., show 30 as the day of birth if the month is April).

• When there is no evidence to establish an individual’s month of birth, show the last month of the year (December) as the month of birth.

• When the month and day of birth are both unknown, always show December 31 as the month and day of birth.