Ariz. Admin. Code § R9-19-207 - Correcting Information in a Registered Birth Record

A. If the person is between one and fourteen years of age, the following documents shall be submitted:

1. An affidavit attesting to the facts of birth from the father, mother or other family member having personal knowledge of the birth;

2. One independent factual document attesting to the facts of birth established prior to the person reaching age five; and

3. One independent factual document establishing the mother's presence in Arizona at the time of birth.

B. If the person is 15 years of age or older, the following documents shall be submitted:

1. An affidavit attesting to the facts of birth from the mother, father, a relative or other individual at least ten years older than the person and who has personal knowledge of the birth; and

2. Two factual supporting documents attesting to the facts of birth independently established at least 5 years prior to the date on which offered as evidence, at least one of which was established during the first ten years of the person's life; and

3. One independent factual document establishing the mother's presence in Arizona at the time of birth.

C. The full name of the person and the date and place of birth shall be evidenced in each of the required documents. All other birth facts, including the names of the parents, shall be clearly supported by at least one document. A document established before the person's fourth birthday shall be preferred over later ones. A factual document may be substituted for an affidavit, provided it contains the necessary information.

D. A summary statement of the documentary evidence submitted in support of a delayed birth certificate shall be written on the face of the form. The date of registration shall also be entered and the signature of the State Registrar shall signify official acceptance of the certificate.

E. The State Registrar shall determine the acceptability of all documents submitted by an applicant. The State Registrar shall reject any document judged to be inadequate, unsatisfactory, conflicting, or in any manner not in compliance with these rules, and require an additional document. The State Registrar shall not register a delayed birth certificate if no combination of documents show the minimum required information, if the documents do not agree as to the facts, or if the State Registrar has reasonable cause to question the validity, adequacy, or consistency of the certificate or documentary evidence. The State Registrar shall apprise the applicant of such refusal and the reasons therefore. The State Registrar shall consider the acceptability of the group as a whole and require additional documentation until the minimum requirements are met.

F. Documents furnished in connection with a delayed birth certificate shall be originals, certified photographic copies or authenticated abstracts. The State Registrar shall refuse any document showing alterations, erasures or substitutions or information. All documents shall be returned to the sender after review. Reproductions of all documentary evidence shall be kept on file at the Department for at least three years following the date of the registration and may be microfilmed for permanent retention.

A. A person requesting a correction to an individual's registered birth record shall submit to the State Registrar or a local registrar, a written request to correct, in a Department-provided format, that includes:

1. The individual's name currently in the individual's registered birth record;

2. The individual's date of birth;

3. The name before first marriage of the individual's mother;

4. If known, the:

a. Individual's sex;

b. State file number;

c. Town or city of the individual's birth;

d. County of the individual's birth;

e. Hospital where the individual was born, if applicable;

f. Name of the individual's father; and

g. Dates of birth of the individual's parents; and

5. The specific information in the individual's registered birth record to be corrected.

B. In addition to the information in subsection (A), an administrator of a hospital or the person in charge of the medical records for the hospital where an individual was born, who is requesting a correction to the individual's registered birth record because of a hospital error, shall submit to the State Registrar or a local registrar:

1. The name of the hospital administrator or the person in charge of the hospital's medical records who is requesting the correction;

2. A written statement attesting to the validity of the submitted correction, signed and dated by the hospital administrator or the person in charge of the hospital's medical records; and

3. A copy of the:

a. Document required in R9-19-202(A), or

b. Part of the individual's or the individual's mother's medical record containing the specific information in R9-19-201(A)(3) or (4) to be corrected.

C. In addition to the information in subsection (A), a physician, registered nurse practitioner, nurse midwife, or midwife who attended an individual's birth, submitted a request for the individual's birth registration according to R9-19-203, and requests a correction to the individual's registered birth record because of the physician's, registered nurse practitioner's, nurse midwife's, or midwife's error shall submit to the State Registrar or a local registrar:

1. The name of the physician, registered nurse practitioner, nurse midwife, or midwife who attended the individual's birth and who is requesting the correction;

2. A written statement attesting to the validity of the submitted correction, signed and dated by the physician, registered nurse practitioner, nurse midwife, or midwife who attended the individual's birth; and

3. A copy of the:

a. Document required in R9-19-203(A), or

b. Part of the individual's or the individual's mother's medical record containing the specific information in R9-19-201(A)(3) or (4) to be corrected.

D. In addition to requests for correction of an individual's registered birth record made according to subsections (B) or (C), a written request for a correction to an individual's registered birth record may be submitted by:

1. The individual, if the individual is of legal age or married;

2. A parent of the individual whose name is listed in the individual's registered birth record;

3. The individual's guardian; or

4. A person who has custody of the individual.

E. In addition to the information in subsection (A), a person in subsection (D) requesting a correction to an individual's registered birth record shall submit to the State Registrar or a local registrar:

1. The name and mailing address of the person requesting the correction;

2. An affidavit attesting to the validity of the submitted correction, signed by the person requesting the correction;

3. If the request for correction of the individual's registered birth record 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. If the request for correction of the individual's registered birth record is submitted more than 90 days after the individual's birth, an evidentiary document that includes the specific information to be corrected; and

5. The fee in R9-19-105 for a request to correct information in a registered birth record.

Notes

Ariz. Admin. Code § R9-19-207

Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-19-207 renumbered to R9-19-206, new Section R9-19-207 renumbered from R9-19-208 and amended effective July 31, 1989 (Supp. 89-3). Adopted by final rulemaking at 22 A.A.R. 1782, effective 10/1/2016.