Arizona Revised Statutes

Ariz. Rev. Stat. § 36-337 (2026)

Amending birth certificates

✓ current as of May 2026
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36-337. Amending birth certificates

A. The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following:

1. Except as provided in subsection D of this section, an adoption certificate or a court order for adoption required pursuant to section 36-336.

2. A voluntary acknowledgment of paternity pursuant to section 25-812.

3. For a person who has undergone a sex change operation or has a chromosomal count that establishes the sex of the person as different than in the registered birth certificate, both of the following:

(a) A written request for an amended birth certificate from the person or, if the person is a child, from the child's parent or legal guardian.

(b) A written statement by a physician that verifies the sex change operation or chromosomal count.

4. A court order ordering an amendment to a birth certificate.

B. The state registrar shall change the name of the father on a registered birth certificate if:

1. The state registrar receives an administrative order or a court order ordering the state registrar to change the father's name on the registered birth certificate.

2. Paternity is established through a voluntary acknowledgement of paternity pursuant to section 25-812.

C. If a registered birth certificate does not exist for a person born in this state who is requesting to amend a birth certificate the person making that request shall comply with the requirements established by rule.

D. The state registrar shall retain the information on a person's registered birth certificate after the person's adoption if all of the following documents are submitted to the state registrar:

1. A written request to retain the information signed by the adoptive parent or a court order containing a request to retain the information on the registered birth certificate.

2. A written statement agreeing to retain the mother's name on the person's registered birth certificate, signed by the mother, or if the mother is deceased, a certified copy of a registered death certificate for the mother.

3. If there is a father's name stated on the registered birth certificate, a written statement agreeing to retain the father's name on the person's registered birth certificate, signed by the father, or if the father is deceased, a certified copy of a registered death certificate for the father. 

E. If the state registrar amends a registered birth certificate following adoption, the birth certificate shall state the city or county of birth stated on the existing registered birth certificate and the date of birth stated on the existing registered birth certificate.  The state registrar may omit the exact location of birth on the registered birth certificate.

F. If a local registrar or deputy local registrar amends a registered birth certificate, the local registrar or deputy local registrar shall forward all evidentiary documents provided to create the new birth certificate to the state registrar.

G. If the state registrar amends a registered birth certificate, the state registrar shall seal the previously registered birth certificate and the evidentiary documents provided to amend the registered birth certificate. The state registrar shall provide access to a sealed certificate or evidentiary documents only pursuant to section 36-322 or 36-340 or a court order issued in this state or as prescribed by rule.

H. If the state registrar receives a court order annulling an adoption, the state registrar shall unseal the sealed registered birth certificate and shall seal the new birth certificate and evidentiary documents.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1963–2024 · leading case: Beatie v. Beatie, 333 P.3d 754 (Ariz. Ct. App. 2014).
Beatie v. Beatie, 333 P.3d 754 (Ariz. Ct. App. 2014). · cites it 6× “A.R.S. § 36-337 states in relevant part: (A) The state registrar shall amend the birth certificate for a person born in this state when the state registrar receives any of the following: 3.”
Kayla Gore v. William Lee, 107 F.4th 548 (6th Cir. 2024). · cites it 2× “Code § 22 - 9A-19(d); Ariz. Rev. Stat. § 36-337 (A)(3); Ark. Code Ann.”
State v. Barker, 385 P.2d 516 (Ariz. 1963). “§ 36-337 requires that the coroner shall sign the death certificate and “if the information gained from the investigations is such as to cause him to suspect that death was suicidal, homicidal * * * he shall so certify.”
Lovo, 23 I. & N. Dec. 746 (BIA 2005). “, Ariz. Rev. Stat. § 36-337 (2005) (previously at § 36-326); Cal.”
Roe v. Herrington (D. Ariz. 2021). · cites it 22× “The Arizona Department of Health 14 Services, through the Bureau of Vital Records, is responsible for the registration, issuance, 15 correction, and maintenance of Arizona birth certificates.”
Roe v. Herrington (D. Ariz. 2023). · cites it 12× “However, Arizona law (A.R.S. § 36-337(A)(3)) requires 8 Arizonans to get a “sex change operation” to be permitted to change the gender marker on 9 their birth certificate (to align with their gender identity) through Arizona’s private 10 administrative process.”
Roe v. Herrington (D. Ariz. 2024). · cites it 7× “” 15 A.R.S. 36-337(A) 16 ADHS, through the Bureau of Vital Records, is solely responsible for registering, 17 issuing, correcting, and maintaining Arizona birth certificates.”
— Ariz. Rev. Stat. § 36-337(A) — 2 cases
Roe v. Herrington (D. Ariz. 2024). “” 15 A.R.S. 36-337(A) 16 ADHS, through the Bureau of Vital Records, is solely responsible for registering, 17 issuing, correcting, and maintaining Arizona birth certificates.”
Roe v. Herrington (D. Ariz. 2021). “The Arizona Department of Health 14 Services, through the Bureau of Vital Records, is responsible for the registration, issuance, 15 correction, and maintenance of Arizona birth certificates.”
— Ariz. Rev. Stat. § 36-337(A)(3) — 3 cases
Roe v. Herrington (D. Ariz. 2021). “The Arizona Department of Health 14 Services, through the Bureau of Vital Records, is responsible for the registration, issuance, 15 correction, and maintenance of Arizona birth certificates.”
Roe v. Herrington (D. Ariz. 2023). “However, Arizona law (A.R.S. § 36-337(A)(3)) requires 8 Arizonans to get a “sex change operation” to be permitted to change the gender marker on 9 their birth certificate (to align with their gender identity) through Arizona’s private 10 administrative process.”
Roe v. Herrington (D. Ariz. 2024). “” 15 A.R.S. 36-337(A) 16 ADHS, through the Bureau of Vital Records, is solely responsible for registering, 17 issuing, correcting, and maintaining Arizona birth certificates.”
— Ariz. Rev. Stat. § 36-337(A)(4) — 2 cases
Roe v. Herrington (D. Ariz. 2021). “The Arizona Department of Health 14 Services, through the Bureau of Vital Records, is responsible for the registration, issuance, 15 correction, and maintenance of Arizona birth certificates.”
Roe v. Herrington (D. Ariz. 2024). “” 15 A.R.S. 36-337(A) 16 ADHS, through the Bureau of Vital Records, is solely responsible for registering, 17 issuing, correcting, and maintaining Arizona birth certificates.”
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