Bill Text: CA AB1084 | 2025-2026 | Regular Session | Introduced
Bill Title: Change of name and gender and sex identifier.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced) 2025-02-21 - From printer. May be heard in committee March 23. [AB1084 Detail]
Download: California-2025-AB1084-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 1084
| Introduced by Assembly Member Zbur (Coauthors: Assembly Members Mark González, Jackson, Lee, and Ward) (Coauthors: Senators Cabaldon, Cervantes, Laird, Menjivar, Padilla, and Wiener) |
February 20, 2025 |
An act to repeal and add Section 1277.5 to the Code of Civil Procedure, and to amend Sections 103426, 103430, 103431, and 103435 of the Health and Safety Code, relating to vital records, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1084, as introduced, Zbur.
Change of name and gender and sex identifier.
Existing law establishes procedures for an adult petitioner to obtain a court order for a change of name to conform to the petitioner’s gender identity. Existing law requires the court to make an order to show cause with regard to the petition and a process for persons interested to make known any objection to the change of name by filing a written objection within six weeks of the making of the order. Existing law requires, in the case of a conforming name change petition for a minor that does not include the signatures of both living parents, the petition and the order to show cause to be served as prescribed on the nonsigning parent within 30 days of the order.
This bill would eliminate the mechanism to file an objection to an adult petitioner’s change of name to conform to the petitioner’s name to the petitioner’s gender identity. The bill
would require the court to enter an order granting the petition without a hearing within two weeks of the petition’s filing, as specified.
The bill would require, for a change of name to conform a minor petitioner’s name to their gender identity signed by all living parents of the minor, the court to enter, within two weeks of the filing of the petition and without a hearing, an order that the change of name is granted. The bill would require, if the petition is not signed by all living parents of the minor, the court to make an order reciting specified information, and require the petition and the order to be served on any parent who did not sign the petition. The bill would require that no hearing date be set unless an objection is timely filed and shows good cause for opposing the name change.
Existing law authorizes a person to file a petition with the superior court for a court order to issue a new marriage license and
certificate, confidential marriage license and certificate, or birth certificate to reflect a change in gender and sex identifier. Existing law provides a process for specified individuals to be given notice and an opportunity to respond to the petition, as specified, including that any objection to the petition must be filed within 6 weeks of the making of the order or the court will, without hearing, enter an order granting the petition. Existing law requires, if no service on any party is required, the court to grant the petition without a hearing if no written objection is timely filed within 6 weeks of the filing of the petition.
This bill would require the notice provided to specified individuals to additionally include that the court will grant the petition as soon as possible after the completion of the 6-week objection period. The bill would require, if no service on any party is required, the court to grant the petition without a hearing if no written
objection is timely filed within 2 weeks of the filing of the petition, and as soon as possible after the completion of the 2-week objection period.
Existing law authorizes a person to obtain a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child directly from the State Registrar or county clerk, as applicable, to reflect the person’s change of gender and sex identifier to female, male, or nonbinary without a court order, if the person submits specific supporting documentation. Existing law requires the petitioner to file a judgment ordering a new birth certificate or marriage license and certificate to be filed with the State Registrar or county clerk, as applicable, within 30 days from the date of the judgment.
This bill would eliminate the requirement that a petitioner file the judgment within 30 days from the date of the judgment. The
bill would require the State Registrar or county clerk, as applicable, to issue a new birth certificate or marriage license and certificate within two weeks of the receipt of an application. By creating new duties of a county clerk under these provisions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1277.5 of the Code of Civil Procedure is repealed.(a)(1)If a proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is commenced by the filing of a petition, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter to make known any objection to the
change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is timely filed, the court shall, without hearing, enter the order that the change of name is granted.
(2)If a petition is filed to change the name of a minor to conform to gender identity that does not include the signatures of both living parents, the petition and the order to show cause made in accordance with paragraph (1) shall be served on the parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.
(b)The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.
(c)A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or dismissing the petition or application as the court may deem right and proper.
SEC. 2.
Section 1277.5 is added to the Code of Civil Procedure, to read:1277.5.
(a) If a proceeding for a change of name to conform an adult petitioner’s name to their gender identity is commenced by the filing of a petition, the court shall, without hearing and within two weeks of the petition’s filing, enter an order that the change of name is granted, except as provided in Section 1279.5.(b) (1) If a proceeding for a change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition includes the signatures of all of the minor’s living parents, the court shall, without hearing and within two weeks of the filing of the petition, enter an order that the change of name is granted.
(2) (A) If a proceeding for change of name to conform a minor petitioner’s name to their gender identity is commenced by the filing of a petition, and that petition does not include the signatures of all of the minor’s living parents, the court shall make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed.
(B) The order shall direct all persons interested in the matter to make known any objection to the change of name by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the name change is filed, the court shall, without hearing, enter the order that the change of name is granted as soon as possible after the completion of the six weeks.
(C) The petition
and the order shall be served on any parent who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.
(D) A hearing date shall not be set in the proceeding unless an objection is timely filed and shows good cause for opposing the name change. Objections based solely on concerns that the proposed change is not the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause. At the hearing, the court may examine under oath any of the petitioners, remonstrants, or other persons touching the petition or application, and may make an order changing the name or
dismissing the petition or application as the court may deem right and proper.
(c) The proceeding for a change of name to conform the petitioner’s name to the petitioner’s gender identity is exempt from any requirement for publication.
SEC. 3.
Section 103426 of the Health and Safety Code is amended to read:103426.
(a) The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for any person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar(b) (1) The State Registrar shall shall, within two weeks, issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as
mother, father, or parent, and, if applicable, any change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) The fee prescribed by Section 103725.
(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.
(c) (1) The State Registrar shall shall, within two weeks, issue a new birth certificate for an adult child who has a birth certificate
issued by this state without a court order when the parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex
identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the adult child stipulating to the change to the adult child’s birth certificate.
(D) The fee prescribed by Section 103725.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an
issuance of a new birth certificate for me that reflects my parent’s legal gender and name.”
(3) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.
(d) (1) The county clerk shall shall, within two weeks, issue a new confidential marriage license and certificate for a person who has a confidential marriage license and certificate that was issued from their county without a court order when the person submits directly to the county clerk all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of
gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate.
(D) The fee established by the county clerk, not to exceed the amount of the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and name.”
(3) The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
(e) (1) The State Registrar shall shall, within two weeks, issue a new marriage license and certificate for a person who has a marriage license and certificate without a court order if the person submits directly to the State Registrar all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate
reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride,
groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate.
(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(E) The fee prescribed by Section 103725.
(2) The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license
and certificate for me that reflects my spouse’s legal gender and name.”
(3) The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
SEC. 4.
Section 103430 of the Health and Safety Code is amended to read:103430.
(a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’s affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.”(b) (1) If the person
whose gender is to be changed is under 18 years of age, the petition shall be signed either (A) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (c); or (B) if both parents are deceased and there is no guardian of the minor, by either a near relative or friend of the minor. The affidavit pursuant to subdivision (a) may be signed by the minor.
(2) If the person whose gender is to be changed requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate pursuant to subdivision (c) of Section 103425, the petition shall be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition, or, if not signed by the spouse who shares the marriage license and certificate or
confidential marriage license and certificate, and the spouse is living and capable, notice must be given to that nonsigning spouse as provided in subdivision (f).
(3) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child pursuant to subdivision (d) of Section 103425, the petition shall be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. A petition that requests a new birth certificate for an adult child pursuant to subdivision (d) of Section 103425 that does not include the signature of the adult child shall not be granted with respect to the new birth certificate for that child if the child is living and capable of providing a signature.
(4) If the person whose gender is to be changed requests in their petition the issuance
of a new birth certificate for their minor child pursuant to subdivision (d) of Section 103425, the petition need not include the signature of the petitioner’s child if the child is under 18 years of age.
(c) A petition to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, by a court-appointed dependency attorney appointed as guardian ad litem pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. All petitions to recognize a change of the gender of a nonminor dependent may be made in the juvenile court.
(d) (1) If the petition is signed by a guardian, the
petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of the child’s parents.
(2) Before granting a petition in accordance with this subdivision, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents.
(e) (1) If a petition to recognize a change of gender of a minor does not include the signature of all living parents, then upon receipt of the petition, the court shall thereupon make an order directing the parent or parents who did not sign the petition to show cause why the petition for a court order to recognize a
change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. granted as soon as possible after the completion of the six weeks.
(2) If a petition to recognize a change of gender of a minor is filed by a person specified in subdivision (c) and all parents are deceased or cannot be located, then upon receipt of the petition, the court shall thereupon make an order directing the living
grandparents to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted. granted as soon as possible after the completion of the six weeks.
(3) If a petition pursuant to this section does not include any signature required by paragraph (2) of subdivision (b), then upon receipt of the petition, the court shall thereupon make
an order reciting the filing of the petition, the proposed changes to the petitioner’s marriage license and certificate or confidential marriage license and certificate, and the name of the person by whom it is filed. The order shall direct the spouse of the petitioner who appears on the marriage license and certificate or confidential marriage license and certificate to make known any objection to the changes requested on the marriage license and certificate or confidential marriage license and certificate by filing a written objection, which includes any reasons why the requested changes would be fraudulent, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the changes to the marriage license and certificate or confidential marriage license and certificate is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted.
granted as soon as possible after the completion of the six weeks.
(f) If the court makes an order to show cause in accordance with subdivision (e), the petition and the order to show cause shall be served on the required person or persons who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure, within four weeks from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40 of the Code of Civil Procedure, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the person who did not sign the petition.
(g) If no service is required on any party pursuant this section, the court shall grant the petition without a hearing if no
written objection is timely filed within six two weeks of the filing of the petition.
petition, and as soon as possible after the completion of the two weeks.
(h) The court shall grant the petition without a hearing, unless a timely objection showing good cause is filed. If an objection showing good cause is timely filed, the court may set a hearing at a time designated by the court. Objections based solely on concerns over the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause.
(1) If a timely objection showing good cause is filed by anyone other than a parent who objects to changes to their minor child’s birth certificate, at the hearing, the court may examine under oath the petitioner and any other person having knowledge of the facts relevant to the petition. At the conclusion of the hearing, the court shall grant the petition if the court determines that the petition is not
made for any fraudulent purpose.
(2) If the objection was timely filed by a parent who objects to changes to their minor child’s birth certificate, after holding a hearing on the matter, the court may deny the petition if the court finds that the change of gender and sex identifier is not in the best interest of the minor. At the hearing, the court may examine under oath the minor and any other person having knowledge of the facts relevant to the petition.
(i) This section shall become operative January 1, 2023.
SEC. 5.
Section 103431 of the Health and Safety Code is amended to read:103431.
(a) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate,(2) The new birth certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. No reference shall be made in the new birth certificate, nor shall its form in any way indicate, that it is not the original birth certificate of the petitioner.
(b) (1) (A) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court ordering the new confidential marriage license and certificate shall, within 30 days from the date of the judgment,
shall be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued, along with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. Upon receipt of the copy of the judgment, the application, and the fee, the county clerk shall issue a confidential marriage license and certificate for the petitioner. petitioner within two weeks.
(B) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and
the original marriage license and certificate was not confidential and issued within this state, a certified copy of the judgment of the court ordering the new marriage license and certificate shall, within 30 days from the date of the judgment, shall be filed by the petitioner with the State Registrar, along with the application and the fee prescribed by Section 103725. Upon receipt of the copy of the judgment, the application, and the fee, the State Registrar shall establish a new marriage license and certificate for the petitioner. petitioner within two weeks.
(2) If a new marriage license and certificate or confidential marriage license and certificate is requested under subdivision (c) of Section 103425, the new marriage license and certificate or new confidential marriage license and certificate shall reflect any change in the designation of the person as bride, groom, or having neither box checked as requested, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. If the “New Names” section of the original marriage license and certificate or original confidential marriage license and certificate that refers to the person whose gender and sex identifier was changed pursuant to Section 103430 does not match any change of name, as specified in the court order, then the “New Names” section for that person shall be left blank on the new marriage license and certificate or new confidential marriage license and certificate of marriage. A new marriage license and certificate or new confidential marriage
license and certificate issued pursuant to this article shall not entitle the parties to the marriage to change their names using the procedures in Section 306.5 of the Family Code at the time of the issuance of the new marriage license and certificate or confidential marriage license and certificate. Notwithstanding Sections 103235 and 103255, reference shall not be made in the new marriage license and certificate or new confidential marriage license and certificate, and its form shall not in any way indicate, that it is not the original marriage license and certificate or original confidential marriage license and certificate of the petitioner.
(c) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment,
shall be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child. child within two weeks.
(2) If a new birth certificate is requested under subdivision (d) of Section 103425, the new birth certificate for the petitioner’s child shall reflect the change of the designation of the petitioner as mother, father, or parent and, if applicable, any change of name of the petitioner, as specified in the court order and as prescribed by Section 103425. Reference shall not be made in the new birth certificate, and its form shall not in any way indicate, that
it is not the original birth certificate of the petitioner’s child.
SEC. 6.
Section 103435 of the Health and Safety Code is amended to read:103435.
(a) In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following:(1) The procedure set forth in Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender and sex identifier.
(2) The procedure set forth in Section 103430 if there is a request for a new marriage license and certificate, confidential marriage license and certificate, or for a new birth certificate for any child of the petitioner.
(b) (1) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, shall be filed by the petitioner with the Secretary of State.
(2) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days,
shall be filed by the petitioner with the State Registrar, if any of the following conditions are met:
(A) The judgment includes an order for a new birth certificate and the petitioner has a birth certificate issued by this state.
(B) The judgment includes an order for a new marriage license and certificate and the original marriage license and certificate was issued within this state.
(C) The judgment includes an order for a new birth certificate for the petitioner’s child and the petitioner’s child has a birth certificate issued by this state.
(3) If the judgment issued pursuant to this section includes an order for a new marriage license and certificate, and the original marriage license and certificate was
confidential and issued within this state, a certified copy of the judgment of the court shall, within 30 days, shall be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued.
(c) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate or marriage license and certificate as provided in this article.
(d) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee established by the
county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate, the county clerk shall issue a new confidential marriage license and certificate as provided in this article.
SEC. 7.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 8.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order for transgender and nonbinary people to obtain accurate identification documents and better protect themselves from increasing discrimination, harassment, and physical violence, it is necessary that this act take effect immediately.
