HB 2438
Initials NM/DC Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
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)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note