103430.
(a) A petition for a court order to recognize a change in the petitioner’s gender as female, male, or nonbinary 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) Except as provided in subdivisions (i) and (k), the court shall grant the petition without a hearing if no written
objection is timely filed within 28 days of the filing of the petition.
(2) (A) 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.
(B) 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.
(c) If the judgment includes an order for a new birth certificate and if the petitioner was born in this state, a certified copy of the decree of the court ordering the new
birth certificate, shall, within 30 days from the date of the decree, be filed with the State Registrar. Upon receipt thereof together with the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.
(d) 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.
(e) If the judgment includes an order for a new marriage license and certificate and the marriage
license and certificate was issued from this state, a certified copy of the decree of the court ordering the new marriage license and certificate, shall, within 30 days from the date of the decree, be filed with the State Registrar. county in which the marriage license and certificate was issued. Upon receipt thereof, together with the fee prescribed by Section 103725, the State Registrar established by the county, not to exceed the fee for any other marriage license and certificate issued by the county and not to exceed the
reasonable cost to provide the marriage license and certificate, the county shall establish a new marriage license and certificate for the petitioner.
(f) If a new marriage license and certificate is requested under subdivision (e), the new marriage
license and certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect any change of name, name and change in “first person data” or “second person data” on the marriage license and certificate, as specified in the court order, as prescribed by Section 103425. Notwithstanding Sections 103235 and 103255, no reference shall be made in the new marriage license and certificate, nor shall its form in any way indicate, that it is not the original marriage
license and certificate of the petitioner.
(g) If the judgment includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child was born in this state, a certified copy of the decree of the court ordering the new birth certificate, shall, within 30 days from the date of the decree, be filed with the State Registrar. Upon receipt thereof, together with the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child.
(h) If a new birth certificate is requested under subdivision (g), the new birth certificate for the petitioner’s child shall reflect the gender of the petitioner, as specified in the judgment of the court, and
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, order and 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’s child.
(i) The following rules apply when a petition requesting a new marriage license and
certificate does not include the signed stipulation of the spouse who appears on that marriage license and certificate:
(1) The petition shall be served on the spouse of the petitioner who appears on the marriage license and certificate with notice and an order to show cause pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure at least 30 days before the date for hearing set in the order to show cause. 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 spouse of the petitioner.
(2) The order to show cause issued under paragraph (1) shall direct the spouse of the petitioner to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order to show cause, unless the court orders a different time, to show cause why the petition for a court order to amend the marriage license and certificate to reflect the petitioner’s change in gender
changes ordered by a court pursuant to subdivision (f) should not be granted. The order to show cause shall direct the spouse of the petitioner to make known any objection to the granting of the petition by filing a written objection that includes the reasons why the name change would be fraudulent with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition should not be granted. The order to show cause shall state that if the spouse of the petitioner does not timely file a written objection and appear in the court hearing, the court shall grant the petition without a hearing.
(3) The court shall grant the petition to amend the marriage
license and certificate to reflect the petitioner’s change in gender
changes ordered by a court pursuant to subdivision (f) without a hearing, unless a spouse who was served with notice and an order to show cause timely filed a written objection. Upon a timely objection, the court may hold a hearing on the matter. The request to amend the petitioner’s marriage license and certificate may only be denied based on the spouse’s objection if the court finds that the request to amend the marriage license and certificate to reflect the petitioner’s change in gender or name is fraudulent. At the hearing, the court may examine under oath the petitioner and the spouse.
(4) If the spouse of the petitioner is deceased, the death certificate of the spouse shall be sufficient in order for the court to grant the petition without a hearing.
(j) (1) If, subject to the requirements of subdivision (d) of Section 103425, the petitioner requests in their petition that their child’s birth certificate be amended to reflect the gender of the
petitioner change to the designation of the petitioner as mother, father, or parent and, if applicable, any change of the petitioner’s name, the petition shall include the signed stipulation of the petitioner’s child if the child is 18 years of age or older. A petition that requests an amendment to an adult child’s birth certificate that does not include the signed stipulation of the adult child shall not be granted with respect to the amendment of the adult child’s birth certificate if the adult child is living and capable of providing a signed stipulation. The failure to obtain an adult child’s signed stipulation shall not be considered by the court for any purpose other than determining whether to order an amendment to that child’s birth certificate.
(2) If, subject to the requirements of subdivision (d) of Section 103425, the
petitioner requests in their petition that their child’s birth certificate be amended to reflect the gender of the petitioner change to the designation of the petitioner as mother, father, or parent and, if applicable, any change of the petitioner’s name, the petition need not include the signed stipulation of the petitioner’s child if the child is under 18 years of age. The request to amend the petitioner’s minor child’s birth certificate may only be denied if the court finds that the request to amend the birth certificate to reflect the petitioner’s change in gender or name is fraudulent.
(k) (1) If the person whose gender is to be changed is under
18 years of age, the petition shall be signed either (i) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (f); or (ii) 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.
(A) A petition that does not include the signatures of both living parents shall be served on the parent who did not sign the petition with notice and an order to show cause pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure at least 30 days before the date for hearing set in the order to show cause. 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 order to show cause shall direct the living parent who did not sign the petition to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order to show cause, unless the court orders a different time, to show cause why the petition for a court order to recognize a change in the petitioner’s gender of a minor to female, male, or nonbinary should not be granted. The order to show cause shall direct the living parent who did not sign the petition to make known any objection to the granting of the petition by filing a written objection that includes the reasons for the objection with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition should not be granted. The order to show cause shall state that if the living parent who did not sign the petition
does not timely file a written objection and appear in the court hearing, the court shall grant the petition without a hearing.
(2) The court shall grant the petition without a hearing, unless a living parent who was required to be served with notice and an order to show cause timely filed a written objection. Upon a timely objection, the court may hold a hearing on the matter and may deny the petition if it finds that the change of gender 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.
(l) (1) All petitions to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, or 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 shall be made in the appointing court. All petitions to recognize a change of the gender of a nonminor dependent may be made in the juvenile court.
(2) For a petition filed under subdivision (1), if either or both parents are deceased or cannot be located, the guardian or guardian ad litem shall cause, not less than 30 days before the hearing, a notice of the time and place of the hearing or a copy of the order to show cause to be served on the child’s grandparents, if living and if known to petitioner, pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(m) (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 such a petition, 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.