Ariz. Admin. Code § R9-19-208 - Amending Information in a Registered Birth Record

A. A person requesting an amendment to an individual's registered birth record shall include in a written request to amend:
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 amended, including, as applicable or as further specified in subsections of this Section, the specific information to be deleted and the specific information to be added.
B. Except for an amendment specified in another subsection of this Section, to request an amendment to an individual's registered birth record, a person requesting the amendment shall submit to the State Registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A);
b. The name and mailing address of the person requesting the amendment;
c. The relationship between the individual and the person requesting the amendment; and
d. An affidavit attesting to the validity of the submitted amendment, signed by the person requesting the amendment;
2. A copy of a court order to amend the individual's registered birth record, certified by the issuing court and including the information to be amended, as specified according to subsection (A)(5);
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
C. 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 an amendment of information specified in R9-19-201(A)(3) or (4) in the individual's registered birth record because of a hospital error, shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A);
b. The name of the hospital administrator or the person in charge of the hospital's medical records who is requesting the amendment; and
c. A written statement attesting to the validity of the submitted amendment, signed and dated by the hospital administrator or the person in charge of the hospital's medical records; and
2. A copy of the part of the individual's or the individual's mother's medical record containing the specific information to be amended.
D. 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 an amendment of information specified in R9-19-201(A)(3) or (4) in 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. A written request, in a Department-provided format, that includes:
a. The information in subsection (A);
b. The name of the physician, registered nurse practitioner, nurse midwife, or midwife who attended an individual's birth; and
c. A written statement attesting to the validity of the submitted amendment, signed and dated by the physician, registered nurse practitioner, nurse midwife, or midwife who attended the individual's birth; and
2. A copy of the part of the individual's or the individual's mother's medical record containing the specific information to be amended.
E. To add an individual's first name, middle name, or suffix to the individual's registered birth record 90 days or less after the individual's birth, the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the first name, middle name, or suffix to be added;
b. The name and mailing address of the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. Each parent whose name is included in the individual's birth record, or
ii. The individual's guardian;
2. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
3. The fee in R9-19-105 for a request to amend information in a registered birth record.
F. To add an individual's first name, middle name, or suffix to the individual's registered birth record more than 90 days but less than seven years after the individual's birth, the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the first name, middle name, or suffix to be added;
b. The name and mailing address of the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. Each parent whose name is included in the individual's birth record, or
ii. The individual's guardian;
2. An evidentiary document that:
a. Includes the first name, middle name, or suffix to be added; and
b. Was created within one year after the date of the individual's birth;
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
G. To request the amendment of an individual's name in the individual's registered birth record 90 days or less after the individual's birth, the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the specific name to be deleted and the specific name to be added;
b. The name and mailing address of the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. Each parent whose name is included in the individual's birth record, or
ii. The individual's guardian;
2. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
3. The fee in R9-19-105 for a request to amend information in a registered birth record.
H. To request the amendment of an individual's name in the individual's registered birth record more than 90 days but less than one year after the individual's birth, the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the specific name to be deleted and the specific name to be added;
b. The name and mailing address of the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. Each parent whose name is included in the individual's birth record, or
ii. The individual's guardian;
2. An evidentiary document that:
a. Includes the name to be added, and
b. Was created within one year after the date of the individual's birth;
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
I. To amend the month or day of an individual's birth in the individual's registered birth record, the individual, if the individual is of legal age or is married, or the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the month or day to be deleted and the month or day to be added;
b. The name and mailing address of the individual or the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. The individual;
ii. The individual's parent requesting the amendment, whose name is included in the individual's birth record; or
iii. The individual's guardian;
2. An evidentiary document that includes the requested month or day;
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
J. To amend the date of birth or place of birth of an individual's parent in the individual's registered birth record, to change the individual's mother's last name in the individual's registered birth record to the individual's mother's last name before the individual's mother's first marriage, or to change the last name of the individual's father in the individual's registered birth record, the individual, if the individual is of legal age or is married, or the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including the specific information in the individual's registered birth record to be amended, including the date of birth, place of birth, or name to be deleted and the date of birth, place of birth, or name to be added;
b. The name and mailing address of the individual or the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. The individual;
ii. The individual's parent requesting the amendment, whose name is included in the individual's birth record; or
iii. The individual's guardian;
2. One of the following evidentiary documents containing the specific information for the individual's parent to be amended in the individual's registered birth record:
a. A certified copy of the individual's parent's registered birth certificate;
b. A copy of the individual's parent's passport; or
c. A copy of an administrative order or court order establishing paternity, certified by the issuing entity;
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
K. To request the amendment of an individual's registered birth record based on the individual's biological father's voluntary acknowledgement of paternity, the individual's mother and biological father shall submit to the State Registrar:
1. A voluntary acknowledgement of paternity form that complies with A.R.S. § 25-812;
2. The following information, which may be submitted as part of the voluntary acknowledgement of paternity or in a Department-provided format:
a. The information in subsection (A);
b. The names and mailing address of the individual's mother and biological father requesting the amendment;
c. The following information about the individual's biological father:
i. Name;
ii. Date of birth;
iii. State, territory, or foreign country where the individual's biological father was born;
iv. Social Security Number;
v. Race;
vi. Whether the individual's father is of Hispanic origin and, if so, the type of Hispanic origin; and
vii. Highest degree or level of education completed by the individual's father at the time of the individual's birth;
d. If the request is submitted 90 days or less after the date of the individual's birth, the name requested for the individual; and
e. If the request is submitted more than 90 days after the date of the individual's birth, the last name requested for the individual;
3. If an individual has a presumed father as described in A.R.S. § 25-814(A)(1), a written document that contains:
a. The individual's name;
b. The individual's presumed father's name;
c. The individual's mother's name; and
d. A jurat, as defined in A.R.S. § 41-311, signed by the individual's presumed father:
i. Attesting to the fact that, although the individual's presumed father was married to the individual's mother, the individual's presumed father is not the biological father of the individual; and
ii. Relinquishing and waiving all legal rights to the individual; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
L. To request the amendment of an individual's registered birth record based on an administrative order or court order establishing paternity, a person shall submit to the State Registrar:
1. A copy of the administrative order or a court order establishing paternity, certified by the issuing entity;
2. The following information, which may be submitted as part of the administrative order or a court order establishing paternity or in a Department-provided format:
a. The information in subsection (A);
b. The name and mailing address of the person requesting the amendment; and
c. The following information about the father to be added to the individual's registered birth record:
i. Name;
ii. Date of birth;
iii. State, territory, or foreign country where the father was born; and
iv. If the person requesting the amendment is not the issuing entity:
(1) Social Security Number;
(2) Race;
(3) Whether the father is of Hispanic origin and, if so, the type of Hispanic origin; and
(4) Highest degree or level of education completed by the father at the time of the individual's birth; and
3. The fee in R9-19-105 for a request to amend information in a registered birth record.
M. To request the amendment of the registered birth record of an individual born in Arizona based on the individual's adoption, a state court, the adopted individual's adoptive parent, the married adopted individual, or the adopted individual of legal age shall submit to the State Registrar:
1. A copy of the court order of adoption, certified by the issuing court, or a certificate of adoption with a court seal, after the individual's adoption is final;
2. If the document required in subsection (M)(1) does not contain the following, the person who submitted the request to amend the adopted individual's registered birth record shall submit to the State Registrar:
a. The information in subsection (A);
b. The name and mailing address of the adopted individual's adoptive parent or the adopted individual requesting the amendment;
c. The individual's name established by the court order;
d. Whether the individual's adoptive parents want the information about the individual's parents currently in the individual's registered birth record to be retained;
e. If the individual's adoptive parents do not want the information about the individual's parents in the individual's registered birth record before the adoption to be retained in the individual's registered birth record after the adoption, the following information:
i. The name and date of birth of the individual's adoptive father;
ii. The state, territory, or foreign country where the individual's adoptive father was born;
iii. The individual's adoptive father's Social Security Number;
iv. The name and date of birth of the individual's adoptive mother;
v. The individual's adoptive mother's last name before first marriage;
vi. The state, territory, or foreign country where the individual's adoptive mother was born;
vii. The individual's adoptive mother's Social Security Number;
viii. Street address, city or town, county, and state of the individual's adoptive mother's residence at the time of the individual's birth; and
ix. Street address, city or town, county, and state of the individual's adoptive mother's current residence;
f. If the individual's adoptive parents want the information about the individual's parents in the individual's registered birth record before the adoption to be retained in the individual's registered birth record after the adoption, the name and date of birth of each of the individual's adoptive parents;
g. Whether the individual's adoptive parents want the name of the hospital, facility, or street address where the individual's birth occurred to be omitted in the amended birth record;
h. The signature of each of the individual's adoptive parents and the date signed;
i. The name of the court issuing the document required in subsection (M)(1); and
j. The date the final order of adoption was granted;
3. If the individual's adoptive parents want the information about the individual's parents in the individual's registered birth record before the adoption to be retained in the individual's registered birth record after the adoption:
a. A written request signed and dated by the adoptive parent or a copy of a court order, certified by the issuing court, containing a request to retain the information in the individual's registered birth record;
b. Either:
i. A written statement with the notarized signature of the individual's mother, agreeing to retain the mother's name in the individual's registered birth record; or
ii. If the individual's mother is deceased, a certified copy of a registered death certificate for the individual's mother; and
c. If a father's name is included in the individual's registered birth record, either:
i. A written statement with the notarized signature of the individual's father, agreeing to retain the father's name in the individual's registered birth record; or
ii. If the individual's father is deceased, a certified copy of a registered death certificate for the individual's father; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
N. If the State Registrar receives a court order or a certificate of adoption with a court seal for an individual, submitted as required in subsection (M), that names two persons of the same sex as the individual's parents or the individual's mother and father, the State Registrar shall enter the name of each person as the individual's parent in the individual's birth record.
O. To request an amendment to an individual's registered birth record when the individual has undergone a sex change operation or has had a chromosomal count that establishes the sex of the individual as different than in the individual's registered birth record, an individual, if the individual is of legal age or is married, or the individual's parent or guardian shall submit to the State Registrar or a local registrar:
1. A written request, in a Department-provided format, that includes:
a. The information in subsection (A), including:
i. The individual's sex currently in the individual's registered birth record, and
ii. The requested change for the individual's sex to be included in the individual's registered birth record;
b. The name and mailing address of the individual or the individual's parent or guardian requesting the amendment; and
c. An affidavit attesting to the validity of the submitted amendment, signed, as applicable, by:
i. The individual;
ii. The individual's parent requesting the amendment, whose name is included in the individual's birth record; or
iii. The individual's guardian;
2. A written statement on a physician's letterhead paper, signed and dated by the physician, that the individual has:
a. Undergone a sex change operation, or
b. Had a chromosomal count that establishes the sex of the individual as different from that in the individual's registered birth record;
3. If the person submitting the request for the amendment to the individual's registered birth record is the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and
4. The fee in R9-19-105 for a request to amend information in a registered birth record.
P. The State Registrar or a local registrar shall amend an individual's registered birth record based on:
1. A request for an amendment, if the State Registrar or local registrar determines, according to R9-19-103, that the information and evidentiary documents in the request for amendment supports the amendment of the individual's registered birth record; or
2. Except as provided in subsection (Q), a court order.
Q. The State Registrar or a local registrar shall not amend the date of birth in an individual's registered birth record to a year later than the year in the date currently stated in the individual's registered birth record if any of the information in R9-19-201, required for registering the individual's birth, was received by the State Registrar or local registrar before the later date.
R. When the State Registrar or a local registrar amends a registered birth record, the State Registrar or local registrar shall seal the:
1. Registered birth record that existed before the amendment, and
2. Evidentiary documents submitted to support the amendment.

Notes

Ariz. Admin. Code § R9-19-208
Adopted effective February 20, 1980 (Supp. 80-1). Former Section R9-19-208 renumbered to R9-19-207, new Section R9-19-208 renumbered from R9-19-209and amended effective July 31, 1989 (Supp. 89-3). Adopted by final rulemaking at 22 A.A.R. 1782, effective 10/1/2016. Amended by final expedited rulemaking at 26 A.A.R. 1534, effective 7/7/2020.

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