Friday, October 4th 2024, 9:49 pm
The family of a nine-year-old Checotah girl is frustrated because they’ve been trying to get her a birth certificate since she was born.
They say they’ve tried every legal avenue they can, but everything they try leads to a dead end.
The aunt says they won’t stop fighting until the girl has a birth certificate, but not having one could really hurt her in the future.
Summer Tankersley lives with her brother and two nieces in Checotah. One of her nieces is 9 and has never had a birth certificate, which also means she doesn’t have a Social Security number.
“It’s been really hectic,” said Tankersley. “Especially when you call and no one wants to hear it. Or they tell you they can’t talk to you. In one instance, she kept saying, ‘We can’t do that, we can’t do that, we can’t do that.’”
She says one agency sends her to another, and even lawmakers don’t seem to be able to help.
She’s scared of what this means for the girl as she gets older.
“Given her age, pretty soon she won’t be able to get a job,” said Tankersley. “She won’t be able to get a driver’s license; she has nothing to get those things with.”
Tankersley says it’s caused a lot of anxiety for the family, and they have to be careful because the girl can’t be on their insurance without a Social Security number.
“She knows she doesn’t have one,” said Tankersley. “So she knows things aren’t like with her little sister, where she has everything. She kind of feels frustrated on her own because every time you turn around, you have to remind her she can’t go do this or she can’t go do that.”
The Oklahoma Department of Human Services sent News On 6 a statement saying:
“Oklahoma Human Services is committed to creating pathways to hope and help for Oklahomans. This is a complicated situation, but we are doing everything we can to assist the family within Oklahoma law and respecting the legal rights of all involved. The agency will continue to help the family work through this issue until a birth certificate can be legally obtained.”
Tankersley says this is too important for them to give up.
“If you’re in this situation, fight,” said Tankersley. “Fight every day. Don’t stop banging down doors, don’t stop calling. Even if they tell you no. Because the kids deserve it.”
Tankersley says the next thing they are going to try is to establish paternity with DNA to see if that can lead to getting the birth certificate.
The Oklahoma Department of Health sent News On 6 a statement saying:
“Our office is on hold pending a DHS hearing. We recommend they contact their DHS caseworker to follow up on what is needed.”
News On 6 also spoke with a Tulsa attorney about what to do in a situation where your child doesn't have a birth certificate.
Family lawyer James Wirth says a parent first can file what's called a paternity action. It's a legal tool used to force someone to acknowledge who the child's father is and can be filed by either parent.
“Mom does not have to cooperate for those things to occur,” said Wirth. “Dad can file that suit, get her served with appropriate paperwork, and then she either cooperates and goes to court, in which case the judge can make determinations, or an agreement is reached, or she doesn’t, or the father can default her and get the orders he's requesting.”
Once a court establishes paternity, that can then be used to apply for a birth certificate with the State Health Department's Vital Records office.
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