ARIZONA HOUSE OF REPRESENTATIVES Fifty-seventh Legislature First Regular Session

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HB 2438: birth certificates; amendments; prohibition

Sponsor: Representative Keshel, LD 17

Committee on Judiciary

Overview

Prohibits judges pro tempore and commissioners from issuing orders for birth certificate amendments.

History

Judges pro tempore are temporary judges appointed by the Chief Justice of the Arizona Supreme Court. Their terms are limited to 12 months. They have the same judicial powers and responsibilities as regular judges during their term (A.R.S. Title 12, Chapter 1, Article 3).

Superior Court Commissioners are attorneys appointed by the presiding judge of a superior court to perform limited judicial duties. They are not permitted to issue ex-parte orders that would: 1) deprive a person of child custody; 2) change a person's legal counsel; 3) deprive a person's liberty; 4) deprive a person or entity of property; or 5) grant injunctive relief (A.R.S. § 12-213).

The State Registrar is required to amend a birth certificate under various circumstances, including:

1) adoption, which would change the parents listed;

2) paternity establishment or change, which would change the father's name;

3) sex change — by a sex change operation or a chromosomal count —, which would change the sex marker; and

4) court order, which can change any part of the birth certificate as ordered by the judge (A.R.S. § 36-337).

Provisions

1. Prohibits a judge pro tempore or commissioner from issuing an order to add an amendment to a birth certificate. (Sec. 1)

2. Makes technical changes. (Sec. 1)

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                        HB 2438

Initials NM/DC         Page 0 Judiciary

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