Bill Text: HI HB412 | 2013 | Regular Session | Introduced
Bill Title: Birth Certificate; Gender Designation
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced - Dead) 2013-02-08 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with Representative(s) Cheape, Cullen, Fale, Fukumoto, Johanson, Ward voting aye with reservations; Representative(s) Cabanilla voting no (1) and Representative(s) Cachola, Har, McDermott excused (3). [HB412 Detail]
Download: Hawaii-2013-HB412-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
412 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to certificates of birth.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 338-17.7, Hawaii Revised Statutes, is amended to read as follows:
"§338-17.7 Establishment of new certificates of birth, when. (a) The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":
(1) Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;
(2) Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;
(3) Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;
(4) Upon receipt of [an affidavit of a physician
that the physician has examined the birth registrant and has determined the
following:
(A) The birth registrant's sex
designation was entered incorrectly on the birth registrant's birth
certificate; or
(B) The birth registrant has had a
sex change operation and the sex designation on the birth registrant's birth
certificate is no longer correct; provided that the director of health may
further investigate and require additional information that the director deems
necessary;] the following documents:
(A) A written request from the birth registrant, signed under penalty of unsworn falsification to authorities under section 710-1063, that the department issue a certificate of birth with a gender designation that differs from the gender designated on the birth registrant's original certificate of birth;
(B) A notarized statement from the birth registrant's licensed treating or evaluating physician stating that:
(i) The birth registrant's gender designation was entered incorrectly on the birth registrant's original certificate of birth; or
(ii) The birth registrant has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition and that, in the physician's opinion, the birth registrant's gender designation should be changed accordingly; and
(C) If the birth registrant is requesting a name change on the new certificate of birth, an official copy of the legal name change document; or
(5) Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place.
(b) When a new certificate of birth is
established under this section, it shall be substituted for the original
certificate of birth. The new certificate of birth shall not be marked as
having been amended and shall in no way reveal the original language changed by
the amendment. Thereafter, the original certificate and the evidence
supporting the preparation of the new certificate shall be sealed and filed. [Such
sealed document] The sealed documents shall be opened only by an
order of a court of record[.] or by request of the birth registrant.
(c) For a new certificate of birth established pursuant to subsection (a)(4), the department shall not require any additional medical information or records."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Establishment; New Certificate Of Birth; Transgender
Description:
Requires the DOH to establish a new certificate of birth for a person who provides a written request that DOH issue a new certificate of birth with a gender designation that differs from the gender on the original certificate of birth, a notarized statement from a licensed treating or evaluating physician, and official copy of name change if requesting a name change on the certificate of birth.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
