Question: Can the Office of Vital Records recall a birth certificate for any reason once it has been signed, notarized, and paid for?
Answer:
The Arizona Revised Statutes governing the Arizona Office of Vital Records can be found in Title 36, Chapter 3 (beginning with A.R.S. § 36-301). The administrative codes are located in Title 9, Chapter 19, Sections 112.01 through 120.
According to R9-19-106, all forms used in recording vital events shall remain the property of the state. R9-19-208 states, "A. The State Registrar shall cancel a delayed birth certificate upon evidence of the following: 1. That an original birth certificate for the registrant already exists in the files of the Department; or 2. That a delayed birth certificate was established through fraud, misrepresentation of the facts or was based on false documents. B. The State Registrar shall advise a registrant by certified mail of the cancellation of a delayed birth certificate. The registrant may appeal such action through the exercise of available statutorily-defined administrative remedies."
No changes, correction, additions, deletions or substitutions can be made on any birth, death or fetal death certificate unless such actions are within the boundaries of the administrative codes R9-19-118(B) and (C) and R9-19-117 and properly documented.
October 12, 2009
Legal Services Corporation