Reference Title: vital statistics; certificates; access

AN ACT
AMENDING SECTIONS 36-322 AND 36-327, ARIZONA REVISED STATUTES; RELATING TO VITAL STATISTICS.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-322, Arizona Revised Statutes, is amended to read:

36-322 . Birth registration

A. A certificate of live birth for each child born alive in this state shall be filed with the designated registrar within seven days following the birth with the document prescribed in subsection C of this section. This may be done by electronic means as prescribed by the state registrar of vital statistics. If a document is filed pursuant to section 25-812, subsection A, the document shall be forwarded to the designated registrar with the birth certificate.

B. If a birth occurs in a moving conveyance, the birth shall be considered to have occurred in the place where the child was initially removed from the conveyance.

C. If a birth occurs in an institution, the person in charge of the institution or that person's designated representative shall obtain the personal data, prepare the certificate, obtain the required signatures of the informant and attendant, and file the certificate with the designated registrar. The personal data shall include the social security numbers of the mother and father. The social security numbers shall be filed with the certificate as a separate document. The social security numbers shall not appear on the birth certificate. The persons certifying to required information shall furnish this information and affix their signatures in sufficient time to enable the certificate and the accompanying document to be filed within the prescribed period. If a child is born out of wedlock in an institution, the parents shall have an opportunity to voluntarily acknowledge paternity immediately before or after the birth of the child.

D. If the birth occurs outside an institution, the necessary data prescribed in subsection C of this section shall be obtained and the certificate and the accompanying document shall be prepared and filed by one of the following in the indicated order of priority:

1. The physician in attendance at or immediately after the birth.

2. In the absence of a physician, any other person in medical attendance at or immediately after the birth.

3. In the absence of the person prescribed in paragraph 2 of this subsection, the mother, the father , or any other family member who can supply the required information, or the person in charge of the premises where the birth occurred.

4. In the absence or inability of a person prescribed in paragraph 3 of this subsection to act, any other person who witnessed the birth and can supply the required information.

E. If the mother of a child is married at the time of birth of the child or was married at any time in the ten months immediately preceding the birth, the name of her husband shall be entered on the birth certificate as the father and is otherwise presumed to be the father of the child, except where paternity has been established otherwise by a court of competent jurisdiction. In such instance, the name of the man so adjudged shall be entered on the record as the father.

F. If the mother of a child is unmarried at the time of birth of the child and was unmarried throughout the ten months immediately preceding the birth, the name of the alleged father, if any, shall not be entered on the birth certificate unless sworn statements that comply with section 25-812, subsection A, paragraph 2 acknowledging paternity are voluntarily presented by both the alleged father and the mother, or unless paternity has been established by a court of competent jurisdiction. The voluntary acknowledgment of paternity that is made pursuant to this subsection is a determination of paternity and has the same force and effect as a judgment of the superior court, except that:

1. The mother or the alleged father may rescind the acknowledgment at any time within sixty days after presenting the statement acknowledging paternity by filing with the department of economic security a notarized rescission of paternity on a form provided by the department. The department of economic security shall provide a copy of each rescission of paternity to the state registrar.

2. A person may challenge a paternity determination pursuant to section 25-812, subsection D.

G. The state registrar shall notify the state title IV-D agency of all paternity determinations that are made under subsection F of this section.

H. Either parent may sign the birth certificate attesting to the accuracy of the personal data. If no parent is available to sign, the record may be signed by another family member or other person possessing personal knowledge of the information attested to.

I. Except in class A registration districts, the birth certificate of a child born out of wedlock shall be filed directly with the state registrar.

J. The state registrar shall not refuse to register a birth certificate because the certificate fails to include the name of the father required by subsection F of this section.

K. Registration of a birth certificate shall be accompanied by the social security numbers of the mother and father. If the provisions of subsection G of this section apply, the social security number of the alleged father of the child shall be provided whether paternity has been established or acknowledged. This information shall be available on request to the child support enforcement agency for purposes of locating the absent parent or alleged father or for establishment or enforcement of child support orders.

L. If the mother or father does not have a social security number, another legal identifying number may be used, including a tribal enrollment number, an immigration and naturalization service alien registration number or a nonimmigrant visa number. If a person has an immigration and naturalization service alien registration number and a nonimmigrant visa number, that person shall submit both numbers.

M. The department shall adopt rules providing for good cause exceptions to the requirements of this section. Good cause exceptions shall include a case in which:

1. A parent is not a United States citizen.

2. The name, identity or whereabouts of the father are unknown.

3. The name of the father does not appear on the birth certificate.

4. The child was conceived as a result of incest or sexual assault.

5. Legal proceedings for the adoption of the child are pending before a court of competent jurisdiction.

N. THE DEPARTMENT OF HEALTH SERVICES SHALL ALLOW A PERSON ACCESS TO ALL BIRTH CERTIFICATES IF SEVENTY-FIVE YEARS HAVE PASSED AFTER THE DATE OF BIRTH AS REGISTERED ON THE BIRTH CERTIFICATE. THE DEPARTMENT OF HEALTH SERVICES SHALL MICROFILM OR MICROFICHE RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THIS SUBSECTION BY JUNE 30, 1998. THE DEPARTMENT OF HEALTH SERVICES SHALL PROVIDE FOR THE CONTINUED SAFEKEEPING OF THE ORIGINAL RECORDS.

O. THE DEPARTMENT OF HEALTH SERVICES SHALL TRANSFER THE MICROFILM OR MICROFICHE RECORDS TO THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS WHICH SHALL ALLOW ACCESS TO THE RECORDS PURSUANT TO SUBSECTION N OF THIS SECTION.

Sec. 2. Section 36-327, Arizona Revised Statutes, is amended to read:

36-327 . Death registration; access to death certificates

A. A death certificate for each person dying WHO DIES in this state shall be filed with the local registrar within three days following the death and prior to cremation or removal of the dead body from that registration district. This may be done by electronic means as prescribed by the state registrar of vital statistics. If the place of death is unknown, the death shall be considered to have occurred in the place where the dead human remains were found. If the person died in a moving conveyance, the death shall be considered to have occurred in the place where the body was initially removed from the conveyance.

B. The funeral director or person acting in that capacity who first assumes custody of a dead body or dead human remains is responsible for executing and filing the death certificate. Before filing the certificate that person shall:

1. Obtain the personal data from the next of kin or the best qualified person or source available.

2. Obtain the medical certification of cause of death from the person hereinafter designated.

3. Enter the date, place and method of final disposition.

4. Affix that person's signature and address.

C. The medical certification shall be completed and signed within seventy-two hours by the physician in charge of the patient's care for the illness or condition resulting in death, except as may be provided by regulation for special situations or when death is subject to county medical examiner jurisdiction.

D. If the death occurred without medical attendance or under such circumstances as to require county medical examiner investigation under section 11-593, the medical examiner shall complete and sign the medical certification in sufficient time to enable the certificate to be filed within the prescribed time period, except as may be provided by rule for special situations.

E. If death occurs without medical attendance on an Indian reservation in this state and a county medical examiner is not available, the tribal law enforcement authority, acting in an official investigative capacity, may certify as to the cause and manner of death.

F. THE DEPARTMENT OF HEALTH SERVICES AND LOCAL REGISTRARS SHALL ALLOW A PERSON ACCESS TO ALL DEATH CERTIFICATES IF FIFTY YEARS HAVE PASSED AFTER THE DATE OF DEATH. THE DEPARTMENT OF HEALTH SERVICES SHALL MICROFILM OR MICROFICHE RECORDS THAT ARE AVAILABLE TO THE PUBLIC PURSUANT TO THIS SUBSECTION BY JUNE 30, 1998. THE DEPARTMENT OF HEALTH SERVICES AND LOCAL REGISTRARS SHALL PROVIDE FOR THE CONTINUED SAFEKEEPING OF THE ORIGINAL RECORDS.

G. THE DEPARTMENT OF HEALTH SERVICES SHALL TRANSFER THE MICROFILM OR MICROFICHE RECORDS TO THE DEPARTMENT OF LIBRARY, ARCHIVES AND PUBLIC RECORDS WHICH SHALL ALLOW ACCESS TO THE RECORDS PURSUANT TO SUBSECTION F OF THIS SECTION.

APPROVED BY THE GOVERNOR APRIL 24, 1997.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 24, 1997.