How Do I know If I Need to Apply for a Delayed Birth Certificate?

When a child is not born in a hospital or birth center, it is the responsibility of the parents to file a birth certificate with the Office of Vital Records. If they do not file a birth certificate before the child’s first birthday, they must apply for a Delayed Birth Certificate. 

Filing for a Delayed Birth Certificate can be a lengthy process, taking up to one year to complete. The length of time it takes depends on how quickly the applicant submits the supporting documents that meet the requirements stated in the Arizona Administrative Code R9-19-207.

Who Can Apply for a Delayed Birth Certificate?

• Any person born in Arizona whose birth was not registered within one year after the date of birth can apply for a delayed birth certificate. The person for whom a Delayed Birth Certificate is needed is referred to as the “registrant”.  The “applicant” is the person that applies for the delayed birth certificate.

• A person 18 years of age or older must apply for the delayed birth certificate.  If the person cannot apply on their own due to a mental disability, the parent, legal guardian or legal custodian may apply on behalf of the registrant. If the legal guardian or legal custodian applies, a certified guardianship or custody order must be presented.

• A parent, legal guardian or legal custodian may apply on behalf of the registrant if the registrant is less than 18 years of age.  If the legal guardian or legal custodian applies, a certified guardianship or custody order must be presented.

• A person claiming emancipation can apply.  A certified court order of emancipation or, if married, a certified marriage license will be required.

NOTE: A delayed birth application will not be accepted in the following scenarios:  1) the person was born in another state or country 2) the person is deceased (R9-19-205). 

There are several steps involved.  Please read them all.

1. Before you can apply for a delayed birth certificate, you must first confirm whether or not you have a registered birth certificate on file with the Office of Vital Records.  To do this, you must first complete:
   
   
• The Request for Copy of Birth Certificate application.  If applying by mail, you may sign the application in the presence of a notary or send a photo copy of your valid, government issued identification that contains your photo and signature with the application. If applying in person, you must provide the original identification.
  
  
• The fee of $10.00 must also accompany the application. The acceptable methods of payment are money order or cashier’s check, made payable to the Office of Vital Records, credit cards such as Master Card or Visa cards only are accepted as well. If applying by mail, you may write your credit card number and expiration date on the application where indicated. If applying in person, you must present the original card.

Based on the information you provide on the application, a search of all registered birth records will be conducted.  If a birth record is found, the birth certificate will be issued. If a birth record is not found meeting the criteria you provide on the application, a Certificate of No Birth Record will be issued to you along with the delayed birth packet that contains the delayed birth application and other forms and detailed instructions on how to apply for a delayed birth certificate. The Certificate of No Birth Record is valid up to 5 years from the date listed on the certificate. 

2. Applying for a Delayed Birth Certificate
   Read the delayed birth packet thoroughly. The following must be submitted to apply for a delayed birth certificate:
   
   

• The original or a photo copy of the Certificate of No Birth Record
  
  
• A completed delayed birth application
  
  
• The fee of $10.00 - The Office of Vital Records will only accept the fee of $10.00 to apply for a delayed birth certificate.  If you submit any additional fees, the request will not be processed and will be returned until the appropriate fee is submitted.
  
  
• A valid, government identification that contains the applicant’s photo and signature. If applying in person, the original I.D. must be submitted.  If applying by mail, the request must be accompanied by a photo copy of a valid, government-issued identification or the application must be signed in the presence of a notary.
  
  
• The original documents the applicant wants to submit for review (documents submitted to support registration of a delayed birth certificate)
  
  
• If the child is currently less than 18 years of age and the parents were not married at the time of the child’s birth, the parents must complete and submit the Acknowledgment of Paternity (link to paternity).  If they were married, a certified marriage certificate must be submitted.

After the Office of Vital Records receives this information, a file will be established for the applicant. The file will remain open for one year from the date the Delayed Birth Registration fee is paid. The file may be closed before the year has elapsed if the applicant submits all the requirements. All documentation must be submitted and reviewed before the file expires. If the Office of Vital Records does not receive the required documents to support the request by the date of expiration of the file, it will close and all fees will be forfeited.  The request to register a delayed birth certificate will be denied.  The applicant will be notified in writing and will have the option to request a hearing with an administrative law judge or the applicant has the right to petition a superior or tribal court in Arizona for a court ordered delayed registration.  The applicant also has the option to re-apply and pay the application fee, etc., again if documents meeting the requirements are obtained.

What Are the Requirements to Establish a Delayed Birth Certificate?

Arizona Administrative Code R9-19-207 sets out two criteria for filing for a delayed birth certificate. These are for a child who is 1-14 years of age and the other is for a child over 15 years of age or older. 

Note: Effective January 1, 2007 all documents submitted to support the registration of a delayed birth certificate must be translated into English by a certified translator.

If the registrant is between the age of one and fourteen, these are the requirements to file for a delayed birth certificate:

1. Affidavit of Facts of Birth.  The first required document that must be submitted is the Affidavit of Facts of Birth.  Someone who has personal knowledge of when and where the child was born can complete the affidavit. This can be the mother, father, or family member who was at least 10 years old when the child was born.  Whoever completes this form must sign it in front of a Notary Public who will notarize the signature.   If this affidavit is altered or not notarized, we cannot accept it and you will have to complete another one.  If the notary’s commission has expired, the affidavit will not be accepted. On occasion, there may not be anyone who can complete the affidavit of facts of birth, in this case an additional document established at least five years prior to the date in which you applied for the delayed birth certificate can be substituted to meet this requirement (reference the requirements for the five year ago document below).
   
   
2. One independent factual document that was established before the child was five years old. This means a document that was established by an unrelated third party, such as a midwife, hospital, physician, church, etc. The document must contain the following information: child's name, date of birth, place of birth, and the date the document was created.  You must provide original documents, certified photographic copies or authenticated abstracts. Original documents will be returned.
   
   
3. One independent factual document that establishes the mother's    presence in Arizona at the time of the child's birth. This means a document created by an unrelated third party such as a utility company, income tax consultant, public assistance agency, physician, etc. The document must include the mother's name, street address and date when the document was created. This information must establish that the mother was in the State of Arizona at the time of the child’s birth.

If the registrant is fifteen years of age or older, these are the requirements to file for a delayed birth certificate:

Affidavit of Facts of Birth: The first required document that must be submitted is the Affidavit of Facts of Birth. Someone who has personal knowledge of when and where the child was born can complete the affidavit. This can be the mother, father, relative or other person who was at least 10 years old when the child was born. Whoever completes this form must sign it in front of a Notary Public who will notarize the signature.  If this affidavit is altered or not notarized, we cannot accept it and you will have to complete another one. If the notary’s commission has expired, the affidavit will not be accepted. On occasion, there may not be anyone who can complete the affidavit of facts of birth, in this case an additional document established at least five years prior to the date in which you applied for the delayed birth certificate can be substituted to meet this requirement (reference the requirements for the five year ago document below).

One independent factual document that was established before the child was ten years old. This means a document that was established by an unrelated third party. This document must contain the child's name, date of birth, place of birth, and the date the document was established/created. Some examples of documents you can provide are: baptism certificate, elementary school records, hospital records, physician records, census records, etc. You must provide original documents, certified photographic copies or authenticated abstracts.  Original documents will be returned.

One independent factual document that was established at least five years ago. This means a document that was established by an unrelated third party. This document must contain the child's name, date of birth, place of birth, and the date the document was established/created. Some examples of documents you can provide are: the social security Numident. Military documents such as the DD-214, insurance documents, etc. You must provide original documents, certified photographic copies or authenticated abstracts. Original documents will be returned.

One independent factual document that establishes the mother's presence in Arizona at the time of the child's birth. This means a document created by a third party such as a utility company, income tax consultant, public assistance agency, physician, etc. The document must include the mother's name, street address and date when the document was created. This information must establish that the mother was in the State of Arizona at the time of the child’s birth.

What is documentary evidence?  How is it used?

The documentary evidence is really the “heart” of your Delayed Birth Certificate. The documents must be submitted to provide proof that the applicant was born in Arizona. All documents submitted must be “independent factual documents.” According to Arizona Administrative Code R9-19-101.A-C, an independent factual document means a record, paper, or writing, which is not an affidavit and memorializes a transaction, billing, legal relationship or occurrence. The document must have been prepared, created, printed, or authored by a person, company, corporation, or business that is neither the registrant nor related to the registrant.  Examples of supporting documentary evidence are listed below.   

• Baptismal, Blessing, Dedication Certificate: Available from the church where the event took place.  This document will be verified.  Please provide the name and address of the church where the event occurred.

• Discharge From Armed Forces: Miniature copies are not accepted. We suggest the DD-214 

• Life Insurance Policy: Must show all necessary information 

• Elementary School Record: Available from Superintendent of Schools or School District headquarters where the registrant attended. This document must come directly from the facility to Vital Records or must remain in a sealed envelope. 

• Application for Employment: Available from the employer’s personnel office. 

• U.S. Passport: Must be an original, Federal Law prohibits photocopies of passports. 

• Medical Record: Prenatal records, immunization records, hospital admission record, ambulance record, paramedic report, clinic record, etc.  This document must come directly from the facility to Vital Records or must remain in a sealed envelope.

• Marriage License or Marriage Certificate: Available from the County Clerk, or County Recorder in the county where the event took place.

• Affidavit of Facts of Birth: Person must be at least ten (10) years older than the registrant and must list personal knowledge of the event. Only one affidavit can be accepted. 

• Social Security Original Application (Numident): Available from Social Security Administration, Baltimore, Maryland. The Social Security card alone is not acceptable. Special application is enclosed in this packet. Do not send this application to our office. The address and fee is on the application.  

• Mother’s Proof of Residency: Some suggestions include medical records, hospital records, utility statement, bank statement, prenatal records, rental agreements, brother or sister’s school record listing mother, etc.

Note: These are just some examples. The documents provided will not always show all the desired facts; therefore, we ask that all documents be submitted to our office to be reviewed.  

Because of the high volume of requests submitted for delayed birth certificate registration, we ask that you first submit the required documents to apply for a delayed birth certificate by mail.  Please send correspondence and documents to: 

Office of Vital Records

Attn: Delayed Birth

PO Box 3887

Phoenix, AZ 85030

If you need to contact us by phone, please call: (602) 364-1300 or   602-364-2429

After all the documents required to apply for a delayed birth certificate have been submitted, a delayed birth file will be opened. Once the file is opened, you will receive a status letter. This letter will explain the documents that have been accepted, and the documents that have not been accepted. It will also state the requirements that still need to be met. After you have received your first status letter, you can call and make and appointment if you would like to meet with someone to discuss your file.  Please call one of the numbers listed above. Appointments will be scheduled on Fridays. Priority will be given to the scheduled appointments. Appointment will not be scheduled after 4:00 pm.