REFERENCE TITLE: birth certificates; amendment; gender identity

 

 

 

 

State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session

2020

HB 2867

 

Introduced by

Representatives Blanc: Andrade, Bolding, Butler, Cano, Chávez, DeGrazia, Engel, Epstein, Espinoza, Fernandez, Friese, Hernandez A, Hernandez D, Jermaine, Longdon, Meza, Powers Hannley, Rodriguez, Teller, Terán, Tsosie

 

 

AN ACT

 

Amending section 36‑337, Arizona Revised Statutes; relating to vital records.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 36-337, Arizona Revised Statutes, is amended to read:

START_STATUTE36-337.  Amending birth certificates

A.  The state registrar shall amend the birth certificate for a person who is born in this state when the state registrar receives any of the following:

1.  Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36‑336.

2.  A voluntary acknowledgment of paternity pursuant to section 25‑812.

3.  For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a)  A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.

(b)  A written statement by a physician that verifies the sex change operation or chromosomal count.

3.  For a person who has undergone gender transition or has a congenital intersex condition, either of the following:

(a)  A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian, together with a written statement by a physician that verifies appropriate treatment for permanent gender transition or a congenital intersex condition.

(b)  Proof of a legal name change with a written statement from the person or, if the person is a child, from the child's parent or legal guardian, stating that the name change was made for the purpose of affirming the person's gender identity and not for any fraudulent or unlawful purpose.

4.  A court order ordering an amendment to a birth certificate.

B.  The state registrar shall change the name of the father on a registered birth certificate if:

1.  The state registrar receives an administrative order or a court order ordering the state registrar to change the father's name on the registered birth certificate.

2.  Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25‑812.

C.  If a registered birth certificate does not exist for a person who is born in this state and who is requesting to amend the person's birth certificate, the person making that request shall comply with the requirements established by rule.

D.  The state registrar shall retain the information on a person's registered birth certificate after the person's adoption if all of the following documents are submitted to the state registrar:

1.  A written request to retain the information signed by the adoptive parent or a court order containing a request to retain the information on the registered birth certificate.

2.  A written statement agreeing to retain the mother's name on the person's registered birth certificate, signed by the mother, or if the mother is deceased, a certified copy of a registered death certificate for the mother.

3.  If there is a father's name stated on the registered birth certificate, a written statement agreeing to retain the father's name on the person's registered birth certificate, signed by the father, or if the father is deceased, a certified copy of a registered death certificate for the father. 

E.  If the state registrar amends a registered birth certificate following adoption, the birth certificate shall state the city or county of birth stated on the existing registered birth certificate and the date of birth stated on the existing registered birth certificate.  The state registrar may omit the exact location of birth on the registered birth certificate.

F.  If a local registrar or deputy local registrar amends a registered birth certificate, the local registrar or deputy local registrar shall forward all evidentiary documents provided to create the new birth certificate to the state registrar.

G.  If the state registrar amends a registered birth certificate, the state registrar shall seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate.  The state registrar shall provide access to a sealed certificate or evidentiary documents only pursuant to section 36‑322 or a court order issued in this state or as prescribed by rule.

H.  If the state registrar receives a court order annulling an adoption, the state registrar shall unseal the sealed registered birth certificate and shall seal the new birth certificate and evidentiary documents. END_STATUTE

Sec. 2.  Department of health services; birth certificates; fees; rulemaking; exemption

A.  The department of health services shall establish a sliding fee scale for copies of and amended birth certificates for persons with an annual income below two hundred percent of the federal poverty guidelines.

B.  For the purposes of subsection A of this section, the department of health services is exempt from the rulemaking requirements of title 41, chapters 6 and 6.1, Arizona Revised Statutes, for one year after the effective date of this act.