Ariz. Admin. Code § 9-19-211

Current through Register Vol. 30, No. 43, October 25, 2024

Section R9-19-211 - Requesting a Certified Copy of a Certificate of Birth Registration

A. A person eligible to receive a certified copy of an individual's certificate of birth registration according to R9-19-210(B)(1) through (8) may request a certified copy of the individual's certificate of birth registration by submitting to the State Registrar or a local registrar:

1. A written request, in a Department-provided format, that includes:

a. The name and mailing address of the person submitting the request;

b. Contact information for the person submitting the request, which includes a telephone number or an e-mail address;

c. The relationship between the individual and the person submitting the request that makes the person eligible to receive a certified copy of the individual's certificate of birth registration;

d. The individual's:

i. Name in the individual's registered birth record,

ii. Sex, and

iii. Date of birth;

e. The name before first marriage of the individual's mother;

f. If known, the:

i. State file number;

ii. Town or city of the individual's birth;

iii. County of the individual's birth;

iv. Hospital where the individual was born, if applicable;

v. Name of the individual's father; and

vi. Dates of birth of the individual's parents;

g. The number of certified copies of the individual's certificate of birth registration being requested; and

h. The dated signature of the person submitting the request, either:

i. With the person's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the person that contains the name and signature of the person;

2. Except for an individual who is 18 years of age or older or a parent whose name is included in the individual's registered birth record, one or more evidentiary documents demonstrating that the person is eligible to receive a certified copy of the individual's certificate of birth registration; and

3. The fee in R9-19-105 for each certified copy of the individual's certificate of birth registration being requested.

B. The following provides examples of documentation that meets the requirement in subsection (A)(2):

1. For the individual, if the individual is less than 18 years of age, documentation that the individual is emancipated, according to A.R.S. Title 12, Chapter 15, or married;

2. For a parent whose name is not included in the individual's registered birth record, either:

a. A copy of a court order of adoption for the individual, certified by the issuing court, or a certificate of adoption for the individual with a court seal, including the parent's name as an adoptive parent of the individual; or

b. A copy of a court order, certified by the issuing court, including the parent's name as a parent of the individual;

3. For the individual's spouse:

a. A copy of the marriage certificate for the individual and the spouse; and

b. A written document signed and dated by the individual authorizing the spouse to receive a copy of the individual's certificate of birth registration with either:

i. The signature notarized, or

ii. Accompanied by a copy of a valid, government-issued form of photo identification that contains the individual's name and signature;

4. For a person who is the individual's grandparent or the individual's adult child, grandchild, brother, or sister, either:

a. A copy of one or more certificates of birth registration or certificates of death registration that show the person's relationship to the individual or, if a parent's name is included in the individual's registered birth record, the individual's parent; or

b. For births or deaths registered in Arizona, information about the person or a related person whose birth or death was registered in Arizona, such as the person's name, date of birth, or parent's name and date of birth or date of death, that would enable the Department to locate the registered birth record or registered death record of the person or the related person;

5. For the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court;

6. For a person designated in a power of attorney, established by the individual's parent or guardian according to A.R.S. § 14-5104 or 14-5107, a copy of the power of attorney;

7. For a person appointed as the individual's conservator according to A.R.S. Title 14, Chapter 5, Article 4, a copy of the court order establishing conservatorship, certified by the issuing court; and

8. For a person named in a court order to receive a certified copy of the individual's certificate of birth registration, a copy of the court order, certified by the issuing court.

C. An attorney representing an individual, the individual's parent, or the individual's guardian, according to R9-19-210(B)(9), may request a certified copy of the individual's certificate of birth registration by submitting to the State Registrar or a local registrar:

1. A written request, on the attorney's letterhead paper or in a Department-provided format, that includes:

a. The attorney's name and state bar number;

b. Contact information for the attorney, which includes a telephone number or an e-mail address;

c. The name of the person the attorney is representing;

d. The relationship of the person in subsection (C)(1)(c) to the individual;

e. The information in subsections (A)(1)(d) through (f);

f. The number of certified copies of the individual's certificate of birth registration being requested; and

g. The dated signature of the attorney:

i. With the attorney's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the attorney that contains the attorney's name and signature;

2. A copy of the attorney's retainer agreement with, as applicable, the individual, the individual's parent, or the individual's guardian;

3. If the retainer agreement is with a parent whose name is not included in the individual's registered birth record, documentation that complies with a requirement in subsection (B)(2);

4. If the retainer agreement is with the individual's guardian, a copy of the court order establishing guardianship, certified by the issuing court; and

5. The fee in R9-19-105 for each certified copy of the individual's certificate of birth registration being requested.

D. An adoption agency representing an individual's biological parents or prospective adoptive parents may request a certified copy of the individual's certificate of birth registration by submitting to the State Registrar or a local registrar:

1. A written request, on the adoption agency's letterhead paper or in a Department-provided format, that includes:

a. The name, license number, and address of the adoption agency;

b. The name of and contact information for the adoption agency's designee for the adoption, which includes a telephone number or an e-mail address;

c. The name of the individual's biological parents or prospective adoptive parents;

d. The information in subsections (A)(1)(d) through (f);

e. The number of certified copies of the individual's certificate of birth registration being requested; and

f. The dated signature of the adoption agency's designee:

i. With the designee's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the designee that contains the designee's name and signature;

2. A copy of a petition to adopt that:

i. Complies with A.R.S. § 8-109;

ii. Includes the names of the individual and, as applicable, the individual's biological parents or prospective adoptive parents; and

iii. Has been filed with a court of competent jurisdiction; and

3. If not included in the copy of a petition to adopt required in subsection (D)(2), a copy of a document demonstrating that the adoption agency is representing the individual's biological parents or prospective adoptive parents; and

4. The fee in R9-19-105 for each certified copy of the individual's certificate of birth registration being requested.

E. A private attorney representing an individual's prospective adoptive parents may request a certified copy of the individual's certificate of birth registration by submitting to the State Registrar or a local registrar:

1. A written request, on the attorney's letterhead paper or in a Department-provided format, that includes:

a. The attorney's name and state bar number;

b. Contact information for the attorney, which includes a telephone number or an e-mail address;

c. The name of the individual's prospective adoptive parents;

d. The information in subsections (A)(1)(d) through (f);

e. The number of certified copies of the individual's certificate of birth registration being requested; and

f. The dated signature of the attorney:

i. With the attorney's signature notarized; or

ii. Accompanied by a copy of a valid, government-issued form of photo identification for the attorney that contains the attorney's name and signature;

2. A copy of the attorney's retainer agreement with the individual's prospective adoptive parents;

3. A copy of a petition to adopt that:

i. Complies with A.R.S. § 8-109,

ii. Includes the names of the individual and the individual's prospective adoptive parents, and

iii. Has been filed with a court of competent jurisdiction; and

4. The fee in R9-19-105 for each certified copy of the individual's certificate of birth registration being requested.

F. A governmental agency processing an adoption, a financial claim, a governmental benefit application, or another form of compensation on behalf of an individual, or having another official purpose for a certified copy of the individual's certificate of birth registration may request a certified copy of the individual's certificate of birth registration by submitting to the State Registrar or a local registrar:

1. A written request, on the governmental agency's letterhead paper or in a Department-provided format, that includes:

a. The name and address of the governmental agency;

b. The name of and contact information for the governmental agency's designee for the request, which includes a telephone number or an e-mail address;

c. The information required in subsection (A)(1)(d) through (f);

d. A description of the:

i. Action the governmental agency is taking on behalf of the individual, or

ii. Official purpose for which the governmental agency needs a certificate of the individual's birth registration;

e. The reason the governmental agency is requesting a certified copy of the individual's certificate of birth registration; and

f. The dated signature of the governmental agency's designee, accompanied by a copy of the designee's identification badge from the governmental agency verifying that the designee is an employee of the governmental agency; and

2. Unless the governmental agency is an agency as defined in A.R.S. § 41-1001, the fee in R9-19-105 for the certified copy of the individual's certificate of birth registration.

Ariz. Admin. Code § R9-19-211

Adopted by final rulemaking at 22 A.A.R. 1782, effective 10/1/2016.