Ariz. Admin. Code § R9-19-204 - Requests for Birth Registration from Persons Other than Hospitals or Health Care Providers
A. To
request the registration of the birth of an individual not born in a hospital
whose birth was either not attended by a physician, registered nurse
practitioner, nurse midwife, or midwife, or was attended by a physician,
registered nurse practitioner, nurse midwife, or midwife who is not willing or
not able to comply with requirements in R9-19-203, within seven days after the
date of the individual's birth, the individual's parent, guardian, or person
who has custody of the individual shall submit the following to the State
Registrar or a local registrar or deputy local registrar:
1. The information required in
R9-19-201(B);
2. If the name of the individual's mother in
R9-19-201(A)(1)(b)(i)
is based on a court order establishing maternity, a copy of the court order
establishing maternity, certified by the issuing entity;
3. If the name of the individual's father in
R9-19-201(A)(1)(c)(i)
is based on:
a. A voluntary acknowledgement
of paternity, a copy of the voluntary acknowledgement of paternity that meets
the requirements in A.R.S. §
25-812;
or
b. An administrative order or a
court order establishing paternity, a copy of the administrative order or court
order establishing paternity, certified by the issuing
entity;
4. A written
statement attesting to the validity of the submitted information, signed and
dated by the person submitting the request;
5. One evidentiary document establishing the
individual's mother's presence in Arizona at the time of the individual's birth
that:
a. Contains the individual's mother's
first and last name, the individual's mother's street address or the location
where the individual's mother was present in Arizona, and the date the
evidentiary document was created; and
b. Was created no more than 30 days before
the date of the individual's birth or seven days after the date of the
individual's birth;
6.
One evidentiary document supporting the facts of the individual's birth, such
as:
a. A copy of the part of the individual's
mother's medical record showing services received by the individual's mother
during:
i. The three months before the
individual's birth, or
ii. After
the individual's birth and before the submission of the request to register the
individual's birth;
b. A
copy of the individual's medical record, if seen by a physician, registered
nurse practitioner, nurse midwife, or midwife before the submission of the
request to register the individual's birth;
c. The laboratory results of a newborn
screening test, conducted under A.R.S. §
36-694;
d. An affidavit from an independent source,
attesting to personal knowledge of the individual's birth;
e. A certified blessing or baptismal
certificate for the individual with either a raised seal of the church or
accompanied by a written statement signed by the church minister or other
church official; or
f. Another
document from an independent source containing information that supports the
facts of the individual's birth; and
7. If the request for registration of the
individual's birth is submitted by:
a. The
individual's guardian, a copy of the court order establishing guardianship,
certified by the issuing court; or
b. A person who has custody of the
individual, a copy of the court order establishing custody, certified by the
issuing court.
B. To request the registration of the birth
of an individual not born in a hospital whose birth was either not attended by
a physician, registered nurse practitioner, nurse midwife, or midwife, or was
attended by a physician, registered nurse practitioner, nurse midwife, or
midwife who is not willing or not able to comply with requirements in
R9-19-203, more than seven days but less than one year after the individual's
birth, the individual's parent, guardian, or person who has custody of the
individual shall submit the following to the State Registrar or a local
registrar or deputy local registrar:
1. The
information required in
R9-19-201(B);
2. If the name of the individual's mother in
R9-19-201(A)(1)(b)(i) is based on a court order establishing maternity, a copy
of the court order establishing maternity, certified by the issuing
entity;
3. If the name of the
individual's father in
R9-19-201(A)(1)(c)(i)
is based on:
a. A voluntary acknowledgement
of paternity, a copy of the voluntary acknowledgement of paternity that meets
the requirements in A.R.S. §
25-812;
or
b. An administrative order or a
court order establishing paternity, a copy of the administrative order or court
order establishing paternity, certified by the issuing
entity.
4. A written
statement attesting to the validity of the submitted information, signed and
dated by the person submitting the request;
5. One evidentiary document establishing the
individual's mother's presence in Arizona at the time of the individual's birth
that:
a. Contains the individual's mother's
first and last name, the individual's mother's street address or the location
where the individual's mother was present in Arizona, and the date the
evidentiary document was created; and
b. Was created no more than 30 days before
the date of the individual's birth or no more than 30 days after the date of
the individual's birth;
6. One evidentiary document supporting the
facts of the individual's birth, such as:
a.
A copy of the part of the individual's mother's medical record showing services
received by the individual's mother during the three months before or six weeks
after the individual's birth;
b. A
copy of the individual's medical record, if seen by a physician, registered
nurse practitioner, nurse midwife, or midwife less than six weeks after the
individual's birth;
c. The
laboratory results of a newborn screening test, conducted under A.R.S. §
36-694;
d. An affidavit from an independent source,
attesting to personal knowledge of the individual's birth;
e. A certified blessing or baptismal
certificate for the individual with either a raised seal of the church or
accompanied by a written statement signed by the church minister or other
church official; or
f. Another
document from an independent source containing information that supports the
facts of the individual's birth; and
7. If the request for registration of the
individual's birth is submitted by:
a. The
individual's guardian, a copy of the court order establishing guardianship,
certified by the issuing court; or
b. A person who has custody of the
individual, a copy of the court order establishing custody, certified by the
issuing court.
C. If the State Registrar or a local
registrar or deputy local registrar determines that a request for registration
of an individual's birth submitted according to subsection (A) or (B) and the
evidentiary documents submitted as part of the request:
1. Contain the required information, meet the
requirements in subsection (A) or (B), as applicable, and are true and valid,
the State Registrar, local registrar, or deputy local registrar shall establish
a birth record for the individual and register the individual's birth;
or
2. Do not contain the required
information, do not meet the requirements in subsection (A) or (B), as
applicable, or may not be true or valid, the State Registrar, local registrar,
or deputy registrar shall:
a. Not establish a
birth record for the individual or register the individual's birth;
and
b. Provide written notification
to the person who submitted the request according to
R9-19-103(C):
i. Specifying the missing, incomplete, false,
or invalid information or evidentiary documents; and
ii. Informing the person that the person has
until one year after the individual's birth or 30 days after the date of the
written notification in subsection (C)(2)(b), whichever is later, to provide
the required information or evidentiary
documents.
D. Except as provided in
R9-19-202(D),
a request for registration of an individual's birth, which occurred in Arizona,
more than one year after the individual's birth, may be submitted by:
1. The individual, if the individual is of
legal age or is married;
2. The
individual's parent, if the individual is not of legal age and is not
married;
3. The individual's
guardian; or
4. A person who has
custody of the individual.
E. Before a person in subsection (D) may
request the registration of an individual's birth more than one year after the
individual's birth, the person shall request a certified copy of the
individual's certificate of birth registration, according to the requirements
in
R9-19-211,
and receive a "Certificate of No Record."
F. Except as provided in subsection (I), to
request the registration of an individual's birth, which occurred in Arizona,
more than one year after the individual's birth, a person in subsection (D)
shall submit to the State Registrar:
1. A
"Certificate of No Record" for the individual issued by the State Registrar,
dated not more than five years before the date the request in this subsection
is submitted;
2. The following
information, in a Department-provided format:
a. Whether the individual has a registered
birth record in another state or country;
b. If the individual has a registered birth
record in another state or country, the state or country that registered the
individual's birth;
c. The
following information about the individual:
i. Current name;
ii. Name before first marriage;
iii. Sex;
iv. Date of birth;
v. Town, city, or county where the
individual's birth occurred; and
vi. Race;
d. The following information about the
individual's mother:
viii.
ix.
Whether the individual's mother's usual residence at the time of the
individual's birth was in a tribal community; and
ix.
x. If the individual's
mother's usual residence at the time of the individual's birth was in a tribal
community, the name of the tribal community;
i. Name at the time of
the individual's birth;
ii. Name
before first marriage;
iii. Date of
birth;
iv. City or town, county,
and state of the individual's mother's usual residence at the time of the
individual's birth;
v. State,
territory, or foreign country where the individual's mother was born;
vi. Social Security Number;
vii. Race;
viii. Whether the individual's mother is of
Hispanic origin and, if so, the type of Hispanic origin;
e. If applicable according to A.R.S. §
36-334,
the following information about the individual's father:
i. Name;
ii. Date of birth;
iii. State, territory, or foreign country
where the individual's father was born;
iv. Social Security Number;
v. Race; and
vi. Whether the individual's father is of
Hispanic origin and, if so, the type of Hispanic origin;
f. If the individual is not of legal age and
is not married, a written statement attesting to the validity of the
information required in subsections (F)(2)(a) through (e), signed by:
i. The individual's parent; or
ii. If applicable, the individual's guardian
or the person who has custody of the individual; and
g. If the individual is of legal age or
married, a written statement attesting to the validity of the information
required in subsections (F)(2)(a) through (e), signed by:
i. The individual; or
ii. If applicable, the individual's guardian
or the person who has custody of the individual;
3. If the information is submitted by:
a. The individual's guardian, a copy of the
court order establishing guardianship, certified by the issuing court;
or
b. A person who has custody of
the individual, a copy of the court order establishing custody, certified by
the issuing court;
4. The
following documents:
a. If the individual is
14 years of age or younger:
i. Except as
provided in subsection (F)(5)(a), an affidavit attesting to the facts of birth
signed by the individual's father, the individual's mother, or other adult
family member of the individual who has personal knowledge of the individual's
birth;
ii. At least one evidentiary
document containing the facts of the individual's birth, established before the
individual was five years of age; and
iii. At least one evidentiary document
establishing the individual's mother's presence in Arizona at the time of the
individual's birth; or
b.
If the individual is over 14 years of age:
i.
Except as provided in subsection (F)(5)(b), an affidavit attesting to the facts
of birth signed by the individual's father, the individual's mother, or other
adult family member of the individual, who is at least ten years older than the
individual and who has personal knowledge of the individual's birth;
ii. At least one evidentiary document
containing the facts of the individual's birth, established in the first ten
years of the individual's life;
iii. At least one evidentiary document
containing the facts of the individual's birth, established at least five years
before the date of submission; and
iv. At least one evidentiary document
establishing the individual's mother's presence in Arizona at the time of the
individual's birth;
5. If an affidavit attesting to the facts of
birth from the individual's father, the individual's mother, or other adult
family member of the individual at least ten years older than the individual,
who has personal knowledge of the individual's birth, is not available and:
a. The individual is 14 years of age or
younger, an additional evidentiary document containing the facts of the
individual's birth, established before the individual was five years of age;
or
b. The individual is over 14
years of age, an additional evidentiary document containing the facts of the
individual's birth, established at least five years before the date of
submission; and
6. The
fee in
R9-19-105 for a
request to establish a delayed birth record and register the individual's
birth.
G. A person
submitting a request for the registration of an individual's birth according to
subsection (F) shall ensure that an evidentiary document required in:
1. Subsection (F)(4)(a)(ii) or subsections
(F)(4)(b)(ii) and (F)(4)(b)(iii), as applicable, contains, in addition to the
individual's first and last name:
a. The
individual's date of birth;
b. The
town, city, or county where the individual's birth occurred;
c. The first and last name of the
individual's mother, submitted as required in subsection (F)(2)(d)(i);
or
d. If applicable, the first and
last name of the individual's father, submitted as required in subsection
(F)(2)(e)(i); and
2.
Subsection (F)(4)(a)(iii) or (F)(4)(b)(iv), as applicable:
a. Contains the individual's mother's first
and last name and street address, and
b. Was created no more than six months before
the date of the individual's birth or six months after the date of the
individual's birth.
H. If a request for the registration of an
individual's birth is submitted according to subsection (F) and the
individual's birth occurred in Arizona before 1970, the State Registrar may:
1. Waive one of the evidentiary documents
required in subsection (F)(4)(b) as long as at least two other evidentiary
documents verify each of the pieces of the individual's birth information
required in subsection (G)(1);
2.
Accept as an evidentiary document an affidavit from an independent source,
attesting to personal knowledge of the individual's birth; or
3. Consider all evidentiary documents
submitted to determine whether the information contained in the evidentiary
documents supports the registration of the individual's
birth.
I. If an
individual's birth occurred in Arizona before 1970, the individual is a member
of a tribe recognized by the Federal Bureau of Indian Affair's Office of
Federal Acknowledgement under 25 CFR Part 83, and the individual's birth is not
registered, the individual or the individual's guardian may request the
registration of the individual's birth by submitting to the State Registrar:
1. A "Certificate of No Record" for the
individual issued by the State Registrar, dated not more than five years before
the date the request in this subsection is submitted;
2. The following information, in a
Department-provided format:
a. Whether the
individual has a registered birth record from another state or
country;
b. If the individual has a
registered birth record from another state or country, the state or country
that issued the individual's registered birth certificate;
c. The individual's:
i. Current name;
ii. Name before first marriage;
iii. Sex;
iv. Date of birth; and
v. Town, city, or county where the
individual's birth occurred;
d. The individual's mother's:
i. Name before first marriage;
ii. Current last name; and
iii. Date of birth, if
known;
e. If applicable
according to A.R.S. §
36-334,
the name and, if known, date of birth of the individual's father; and
f. A written statement attesting to the
validity of the information required in subsections (I)(2)(a) through (e),
signed by:
i. The individual; or
ii. If applicable, the individual's guardian
or the person who has custody of the individual;
3. If the information is submitted by the
individual's guardian, a copy of the court order establishing guardianship,
certified by the issuing court;
4.
An evidentiary document verifying the individual's official tribal enrollment,
issued by the Tribal Authority of the federally recognized tribe and certified
by the Tribal Authority, containing:
a. The
individual's:
i. Name before first
marriage;
ii. Date of birth;
and
iii. Town, city, or county
where the individual's birth occurred;
b. The individual's mother's name;
and
c. If applicable according to
A.R.S. §
36-334,
the individual's father's name;
5. One or more other evidentiary documents
that:
a. Support the information provided
according to subsection (I)(2)(c) through (e); and
b. May include an affidavit from an
independent source, attesting to personal knowledge of the individual's birth;
and
6. The fee in
R9-19-105 for a request to establish a delayed birth record and register the
individual's birth.
J. If
the State Registrar determines that a request for registration of an
individual's birth submitted according to subsection (F) or (I) and the
evidentiary documents submitted as part of the request:
1. Contain the required information, meet the
requirements in this Section, and are true and valid, the State Registrar
shall:
a. Establish a delayed birth record for
the individual that includes a summary statement that lists the evidentiary
documents the State Registrar accepted as support for the registration of the
individual's birth and register the individual's birth; and
b. Issue a certified copy of a certificate of
delayed birth registration to the person who submitted the request to register
the individual's birth; or
2. Do not contain the required information,
do not meet the requirements in this Section, or may not be true or valid, the
State Registrar shall:
a. Not establish a
delayed birth record for the individual or register the individual's birth;
and
b. Provide written notification
to the person who submitted the request according to
R9-19-103(C):
i. Specifying the missing, incomplete, false,
or invalid information or evidentiary documents; and
ii. Informing the person that the person has
180 days after the date of the written notification in subsection (J)(2)(b) to
provide the required information or evidentiary documents.
K. If a person who
received the notification in subsection (J)(2)(b):
1. Submits all the required information or
evidentiary documents to the State Registrar within the 180-day time period,
the State Registrar shall establish a delayed birth record for the individual
and issue a certified copy of a certificate of delayed birth registration to
the person who submitted the request to register the individual's birth;
or
2. Does not submit all the
required information or evidentiary documents to the State Registrar within the
180-day time period, the State Registrar shall:
a. Comply with the requirements in
R9-19-103(D) and (E); and
b. If
denying the delayed registration of the individual's birth, in addition to the
written notice required in
R9-19-103(E)(2)(c),
advise the person of the person's right to:
i.
Appeal the State Registrar's determination, as prescribed in A.R.S. Title 41,
Chapter 6, Article 6;
ii. If the
individual has obtained the required information or evidentiary documents,
apply to register the individual's birth as prescribed in subsection (F) or
(I), as applicable; or
iii.
Petition for a court order to register the individual's birth, as prescribed in
A.R.S. §
36-333.03.
L. If the Department receives a court order,
issued under A.R.S. §
36-333.03,
for the registration of a delayed birth record for an individual, the
Department shall establish a delayed birth record for the individual that
includes a summary statement that lists the evidentiary documents the court
accepted as support for the registration of the individual's birth and register
the individual's birth.
M. After
reviewing for completeness and compliance with
R9-19-102,
R9-19-201,
and this Section, the State Registrar or a local registrar or deputy local
registrar shall return an evidentiary document submitted to support a request
to register an individual's birth to the person who submitted the request to
register the individual's birth.
Notes
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