Ariz. Admin. Code § 9-19-204

Current through Register Vol. 30, No. 45, November 8, 2024

Section 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:

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;

ix. Whether the individual's mother's usual residence at the time of the individual's birth was in a tribal community; and

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;

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.

Ariz. Admin. Code § R9-19-204

Former Section R9-19-204 renumbered to R9-19-203, new Section R9-19-204 renumbered from R9-19-205 effective July 31, 1989 (Supp. 89-3). Section expired under A.R.S. 41-1056(E) at 11 A.A.R. 867, effective December 31, 2004 (Supp. 05-1). 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.