Arizona 2023 Regular Session

Arizona House Bill HB2261 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: birth certificates; sex designation State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2261 Introduced by Representative Cano An Act amending sections 36-321 and 36-337, Arizona Revised Statutes; relating to vital records. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: birth certificates; sex designation
10	10	State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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12	12	Introduced by Representative Cano
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14	14	REFERENCE TITLE: birth certificates; sex designation
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40	40	HB 2261
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64	64	An Act
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68	68	amending sections 36-321 and 36-337, Arizona Revised Statutes; relating to vital records.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-321, Arizona Revised Statutes, is amended to read: START_STATUTE36-321. Information required for a certificate A. The state registrar shall prescribe by rule the information required to be submitted to create or amend a vital record. B. A birth certificate shall include a field to indicate the person's sex as male, female or intersex. B. C. A person who submits a certificate for registration must make a reasonable effort to ensure that the information on the certificate is correct and accurate. C. D. A certificate registered pursuant to this chapter must include an official state number and the date of registration. END_STATUTE Sec. 2. 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 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 prescribed 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. 4. A court order ordering an amendment to a the person's birth certificate. 5. Documentation from a licensed health care practitioner who has treated or evaluated the person and has determined that the person's sex designation should be changed because the person has been diagnosed with an intersex condition. 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 born in this state who is requesting to amend a 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 36-340 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
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Section 36-321, Arizona Revised Statutes, is amended to read:
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84	84	START_STATUTE36-321. Information required for a certificate
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86	86	A. The state registrar shall prescribe by rule the information required to be submitted to create or amend a vital record.
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88	88	B. A birth certificate shall include a field to indicate the person's sex as male, female or intersex.
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90	90	B. C. A person who submits a certificate for registration must make a reasonable effort to ensure that the information on the certificate is correct and accurate.
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92	92	C. D. A certificate registered pursuant to this chapter must include an official state number and the date of registration. END_STATUTE
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94	94	Sec. 2. Section 36-337, Arizona Revised Statutes, is amended to read:
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96	96	START_STATUTE36-337. Amending birth certificates
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98	98	A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:
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100	100	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.
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102	102	2. A voluntary acknowledgment of paternity pursuant to section 25-812.
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104	104	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 prescribed in the registered birth certificate, both of the following:
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106	106	(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.
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108	108	(b) A written statement by a physician that verifies the sex change operation or chromosomal count.
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110	110	4. A court order ordering an amendment to a the person's birth certificate.
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112	112	5. Documentation from a licensed health care practitioner who has treated or evaluated the person and has determined that the person's sex designation should be changed because the person has been diagnosed with an intersex condition.
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114	114	B. The state registrar shall change the name of the father on a registered birth certificate if:
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116	116	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.
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118	118	2. Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25-812.
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120	120	C. If a registered birth certificate does not exist for a person born in this state who is requesting to amend a birth certificate, the person making that request shall comply with the requirements established by rule.
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122	122	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:
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124	124	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.
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126	126	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.
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128	128	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.
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130	130	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.
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132	132	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.
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134	134	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 36-340 or a court order issued in this state or as prescribed by rule.
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136	136	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