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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
AMENDED
birth certificates; amendments; prohibition
Purpose
Modifies the conditions and procedures relating to amending a person's birth certificate and prohibits the sex designation of a person from being changed on the person's original birth certificate as a result of a sex change surgery. Prohibits a commissioner from ordering an amendment to a person's name on the person's birth certificate.
Background
The State Registrar must amend the birth certificate for a person born in Arizona when the State Registrar receives: 1) an adoption certificate or court order for adoption as prescribed; 2) a voluntary acknowledgment of paternity; 3) a court order ordering an amendment to the birth certificate; or 4) 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, a written statement from a physician that verifies the sex change operation or chromosomal count and a written request for an amended birth certificate from the person or the parent or legal guardian, if the person is a child. If the State Registrar amends a registered birth certificate, the State Registrar must seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate (A.R.S. § 36-337).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Limits the State Registrar's ability to amend a person's birth certificate, in order to protect the integrity and accuracy of vital records, to only amendments for statutorily specified purposes.
3. Removes the ability of the State Registrar to amend a birth certificate for a person who has had a sex change operation or has a chromosomal count that establishes the sex of the person as different than the sex that is listed in the registered birth certificate.
4. Stipulates that, if a person provides evidence to the State Registrar that would lead a reasonable person to conclude beyond a reasonable doubt that an original entry on the birth certificate was factually inaccurate at the time of recordation, the State Registrar must remove the misinformation and make the necessary correction on the birth certificate.
5. Prohibits a record of a correction made to factually inaccurate information on a person's birth certificate from appearing on the face of the birth certificate.
6. Requires the Bureau of Vital Records to maintain a record of all evidence submitted relating to an amendment of factually inaccurate information on a birth certificate.
7. Removes the requirement that the State Registrar seal evidentiary documents provided to amend a registered birth certificate.
8. Specifies that a court order that orders an amendment to a birth certificate is limited to amending the name of the person on the birth certificate.
9. Prohibits a commissioner from issuing an order to amend a person's name on the person's birth certificate.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
· Removes the prohibition on a judge pro tempore issuing an order to amend a person's name on the person's birth certificate.
House Action
JUD 2/5/25 DPA 6-3-0-0
3rd Read 2/19/25 33-26-1
Senate Action
HHS 3/19/25 DP 4-3-0
Prepared by Senate Research
April 10, 2025
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