Text of AZ HB 2709 (2021)

REFERENCE TITLE: birth certificates; gender State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021 HB 2709 Introduced by Representative Fillmore AN ACT amending sections 36‑333 and 36‑335, Arizona Revised Statutes; relating to birth certificates. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: Section 1. Section 36-333, Arizona Revised Statutes, is amended to read: START_STATUTE36-333. Birth certificate registration; requirements A. Within seven days after a child's birth in this state, a person shall submit to a local registrar, a deputy local registrar or the state registrar, a birth certificate for registration according to rules adopted pursuant to this chapter. The birth certificate shall be submitted physically or electronically through the state designated electronic registration system. A local registrar, a deputy local registrar or the state registrar may accept a certificate submitted electronically without the signatures required by rule. B. If a birth occurs at a hospital, the chief administrative officer of the hospital or that person's designee shall: 1. Obtain the information for a birth certificate, including signatures and social security numbers required by rule. 2. Fill out the birth certificate. 3. Submit the birth certificate for registration to a local registrar, a deputy local registrar or the state registrar. 4. Maintain a copy of the evidentiary documents used to fill out the birth certificate for ten years after the date of submission. C. If a birth does not occur at a hospital, one of the following persons shall obtain the information, evidentiary documents, social security numbers and signatures required by rule for a birth certificate, fill out the birth certificate and submit the birth certificate for registration to a local registrar, a deputy local registrar or the state registrar: 1. A physician, nurse or midwife who is present at the birth and who is willing and able to do so during or immediately after the birth. 2. If a physician, nurse or midwife is not present at the birth or is not willing or able to do so, the child's mother or father or a family member of legal age who is present, willing and able to do so during or immediately after the birth. 3. If the child's father or other family member of legal age is not present or is not willing or able and the child's mother is not willing or able to supply the required information, any other person who is present during or immediately after the child's birth and who can supply the required information. D. If a birth occurs in a moving conveyance, the birth is considered to have occurred in the place where the child is initially removed from the conveyance. If the child is initially removed from the conveyance at a hospital, the person named in subsection B of this section shall submit the birth certificate to the state registrar or to the local registrar or deputy local registrar of the registration district where the child is first removed. If the child is initially removed from the conveyance at any location other than at a hospital, the person identified in subsection C of this section shall submit the birth certificate to the state registrar or to the local registrar or deputy local registrar of the registration district where the child is first removed. E. Information submitted for an individual's birth certificate pursuant to this section shall include information that indicates the individual's sex as either male or female. E. F. A local registrar, a deputy local registrar or the state registrar shall register a birth certificate if the birth certificate is accurate and complete and submitted according to this chapter and rules adopted pursuant to this chapter. END_STATUTE Sec. 2. Section 36-335, Arizona Revised Statutes, is amended to read: START_STATUTE36-335. Birth registration for foundlings; requirements A. A person who has custody of a foundling shall submit to the state registrar or to the local registrar or a deputy local registrar of the registration district where the foundling was found the following information: 1. The date the foundling was found. 2. The location where the foundling was found. 3. The sex, indicated as either male or female, the approximate race and the approximate age of the foundling. 4. The name and address of the person who has custody of the foundling. 5. The name given to the foundling by the person who has custody of the foundling. 6. Any other data required by rules adopted pursuant to this chapter. B. The state registrar shall create and register a birth certificate for a foundling and enter on the birth certificate the following information: 1. The location where the foundling was found as the place of birth. 2. The date of birth based on the approximate age of the foundling. C. A person who has custody of a foundling and determines the foundling's identity shall notify the state registrar in writing of the determination. D. If the identity of a foundling is determined, the state registrar shall seal the foundling's registered birth certificate and provide access to the foundling's registered birth certificate only pursuant to a court order issued in this state. END_STATUTE