Bill Text: HI SB281 | 2021 | Regular Session | Introduced
Bill Title: Relating To Vital Statistics.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-01-25 - Referred to HTH, JDC. [SB281 Detail]
Download: Hawaii-2021-SB281-Introduced.html
THE SENATE |
S.B. NO. |
281 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to vital statistics.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 2019, it passed H.B. No. 1165, which the governor signed into law as Act 142. This law expanded gender markers for Hawaii's driver's licenses and state identification cards. The legislature further acknowledges that on July 1 of this year, that law went into effect smoothly. In other states, such as Washington, the third gender-marker has also been instated for other official documents, such as birth certificates. This ensures that an individual's gender markers match on the individual's driver's license, state identification card, and other official documents. The purpose of this Act is to add the third gender marker "X" as a third gender option on birth certificates.
SECTION 2. 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 [from a United States licensed physician attesting
that:
(A) The
physician has a bona fide physician-patient relationship with the birth
registrant;
(B) The
physician has treated and evaluated the birth registrant and has reviewed and
evaluated the birth registrant's medical history;
(C) The
birth registrant has had appropriate clinical treatment for gender transition
to the new gender and has completed the transition to the new gender; and
(D) The
new gender does not align with the sex designation on the birth registrant's
birth certificate;]
for
a change in sex designation on a person's own birth certificate by an adult, or
for a change in sex designation of a minor's birth certificate by a minor's
parent or legal guardian, provided that:
(A) "Adult"
means a person who is at least eighteen years of age or older, or is an
emancipated minor under chapter 577-25; "X" means a third non-binary
gender option;
(B) Only
an adult may apply for a change in sex designation on a certificate for
oneself;
(C) Only
the parent or legal guardian of a minor may apply for a change of sex
designation on the minor's birth certificate; and
(D) To
change sex designation on a birth certificate, an adult, or parent or legal
guardian of a minor must submit to the department a completed, signed, and
dated application provided by the state registrar that includes, at a minimum,
the following information for the person named on the birth certificate:
(i) Full
name listed on the birth certificate;
(ii) Date
of birth;
(iii) Place
of birth;
(iv) Both
parents' full names as listed on the birth certificate;
(v) Contact
information; and
(vi) Sex
designation requested (male, female, or X);
(E) If
an adult, or parent or legal guardian cannot provide the information in paragraph
(D) of this subsection due to special circumstances; the adult, or parent or
legal guardian must submit a written explanation of the circumstances to the
state registrar. The department may
change the sex designation on the birth certificate if, in the state registrar's
judgment, these circumstances prevent the adult, or parent or legal guardian
from knowing one or more of the required items;
(F) The
sex designation change application of an adult must be notarized and signed
under penalty of perjury;
(G) The
sex designation change application of a minor must include a signed statement
by the minor's licensed health care provider attesting that:
(i) The
minor identified on the application is under the care of the provider; and
(ii) The
provider has determined the request to change sex designation on the birth
certificate is consistent with the minor's identity; and
(H) Only
licensed health care providers whose scope of practice allows for attestation
of a sex designation change may provide this attestation;
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 shall not be marked as amended and shall in no way reveal the original language changed by any amendment. Thereafter, the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed. The sealed documents shall be opened only by an order of a court of record or, for those documents amended pursuant to subsection (a)(4), by request of the birth registrant.
(c) If a new certificate of birth is established under subsection (a)(4), it shall reflect, or shall be reissued to reflect, any legal name change made before, simultaneously, or after the change in sex designation; provided appropriate documentation of the name change is submitted.
(d)
If a new certificate of birth is established under subsection (a)(4),
the department shall not require any additional medical information or records
other than those required by subsection (a)(4).
(e) The department shall create and make available the necessary forms for the application for the establishment of a new certificate of birth for all categories listed in this section."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 1, 2022; provided that subsection (e) shall take effect on July 1, 2021.
INTRODUCED BY: |
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Report Title:
Vital Statistics; Birth Certificate; Gender Marker
Description:
Allows a qualified applicant to change their sex designation on their own birth certificate.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.