Bill Text: HI SB812 | 2025 | Regular Session | Introduced
Bill Title: Relating To Vital Statistics.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-01-23 - Referred to HHS, JDC. [SB812 Detail]
Download: Hawaii-2025-SB812-Introduced.html
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THE SENATE |
S.B. NO. |
812 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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 148, Session Laws of Hawaii 2019. This law expanded gender markers for Hawai‘i's driver's licenses and state identification cards. The legislature further acknowledges that on July 1, 2020, 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 by amending subsection (a) to read as follows:
"(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 or physician assistant attesting that:
(A) The
physician or physician assistant has a bona fide provider-patient relationship
with the birth registrant;
(B) The
physician or physician assistant 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) Only an adult may apply for a change
in sex designation on a certificate for oneself;
(B) Only the parent or legal guardian of
a minor may apply for a change of sex designation on the minor's birth
certificate;
(C) To change sex designation on a birth
certificate, an adult, or parent or legal guardian of a minor, shall 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);
(D) If an adult, or parent or legal
guardian, cannot provide the information in subparagraph (C), the adult, or
parent or legal guardian, shall 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, the circumstances prevent the adult, or parent or
legal guardian, from knowing one or more of the required items;
(E) The sex designation change
application of an adult shall be notarized and signed under penalty of perjury;
(F) The sex designation change
application of a minor shall include a signed statement by a licensed health
care provider whose scope of practice allows for attestation of a sex
designation change 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
(G) For the purpose of this paragraph:
"Adult" means a
person who is at least eighteen years of age or older, or is an emancipated
minor under chapter 577-25; and
"X"
means a third non-binary gender option;
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."
SECTION 3. The department of health 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 section 338-17.7, Hawaii Revised Statutes.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2025; provided that section 2 shall take effect on January 1, 2026.
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INTRODUCED BY: |
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Report Title:
Vital Statistics; Birth Certificate; Gender Marker
Description:
Beginning 1/1/2026, allows a qualified applicant to change their sex designation on their birth certificate. Establishes information required for an applicant to change their sex designation on their birth certificate. Requires the Department of Health to create and make available necessary forms.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
