ARIZONA STATE SENATE
Forty-eighth Legislature, First Regular Session
FINAL AMENDED
FACT SHEET FOR S.B. 1205
birth certificates; delayed registration
Purpose
Allows individuals who have been denied a delayed birth certificate to petition the superior or tribal court for an order to establish a record of the person’s date and place of birth and parentage. Establishes requirements for the petition and related procedures.
Background
Currently, individuals aged one year and older who were born in Arizona and whose birth has not been registered may apply to the Department of Health Services (DHS) for a delayed birth certificate. In order for a delayed birth certificate to be created and registered, the applicant must provide specific evidentiary support, an original Certificate of No Birth Record issued by DHS, a completed delayed birth application, the application fee and a photo copy of a valid government-issued photo identification (unless the application is notarized).
Pursuant to DHS rule, if the applicant for the delayed birth certificate is age 14 or younger, the applicant must also provide: a) an affidavit from a knowledgeable family member testifying to the facts of the birth; b) one document attesting to the facts of birth that was established before the person reached age five; c) one document establishing the mother’s presence in Arizona at the time of birth. If the applicant for the delayed birth certificate is age 15 or older, the applicant must also provide: a) an affidavit attesting to the facts of birth from a knowledgeable individual who is at least ten years older than the applicant; b) two factual documents attesting to the facts of birth that were independently established before the individual was ten years old; c) one document establishing the mother’s presence in Arizona at the time of birth.
DHS reports that each year approximately ten people who apply for delayed birth certificates are denied because they cannot show appropriate evidentiary support. On October 15, 2006, an administrative law judge held (In the matter of Amesa M. Paff No. 07C-OVR0026-DHS) that the current DHS rules regarding the obtainment of a delayed birth certificate conflict with basic constitutional rights and due process due to the evidence requirements that do not provide another avenue for obtaining a delayed birth certificate.
S.B. 1205 allows individuals who are denied delayed birth certificates by DHS because they have not provided sufficient evidentiary support to petition the court for an order to establish a record of birth.
The courts report that the fiscal impact associated with this legislation is negligible.
Provisions
1. Prohibits the state registrar from creating a delayed birth certificate if the state registrar does not receive accurate and complete evidence to support the registration of the certificate. Requires the state registrar to notify the applicant of the registrar’s reasoning and inform the applicant of the right to petition for a court order for a delayed birth certificate.
2. Allows an applicant for a delayed birth certificate who has been denied by the state registrar or, if the applicant is a minor, the applicant’s parent or guardian to petition the court for an order to establish a record of the applicant’s birth date, location and parentage.
3. Requires a petition for a court-ordered record of birth to allege: a) that the applicant was born in this state; b) the applicant’s birth is not registered in any other state or country; c) that a record of birth for the applicant cannot be found in this state’s vital records; d) that despite diligent efforts the petitioner was unable to obtain the information and evidentiary documents required for the registrar to create the delayed birth certificate; e) that the state registrar has refused to create and register a delayed birth certificate; f) any other allegations the petitioner believes would be useful to the court.
4. Requires the petitioner for a court-ordered record of birth to submit to the court a copy of the state registrar’s notification that a delayed birth certificate could not be created and evidentiary documents that were submitted to the state registrar.
5. Requires the court to set a date, time and place for a hearing to establish a court-ordered record of birth and provide this information to the petitioner and the state registrar at least 20 days prior to the hearing.
6. Allows the state registrar to appear and testify at a hearing to establish a court-ordered record of birth.
7. Requires the court to issue an order to create and register a delayed birth certificate if the court finds the evidence presented supports its creation. Requires the order to be on a form provided by the state registrar and contain specified information.
8. Requires the clerk of the court to forward an order to the state registrar no later than the tenth day of the month following the month in which the order was issued if the court does issue an order to establish a record of birth.
9. Requires the state registrar to create and register a court-ordered delayed birth certificate that includes a list of the information and evidentiary documents stated in the court order.
10. Changes the cut-off point for the state registrar to waive the information and evidentiary document requirements that are statutorily required from a birth prior to 1950 to a birth prior to 1970 .
11. Defines “court” as the “superior court” or “tribal court.”
12. Makes technical changes
13. Becomes effective on the general effective date
Amendments Adopted by Committee
· Changes, from 10 to 20 days, the timeframe for a court to provide information on a hearing.
Amendments Adopted by Committee of the Whole
· Includes tribal courts in the definition of “court” for the purposes of the bill.
Amendments Adopted by House of Representatives
· Requires the tribal court order to be certified.
Amendments Adopted by Conference Committee
· Removes the amendment adopted by the House of Representatives.
Senate Action House Action
HEALTH 2/1/07 DPA 6-0-1-0 HEALTH 2/28/07 DP 8-0-0-2
3rd Read 2/13/07 26-3-1-0 3rd Read 4/9/07 56-0-4-0
Final Read 5/3/07 56-0-4-0
Signed by the Governor 5/14/07
Chapter 211
Prepared by Senate Research
May 21, 2007
BKL/jas