AB 218

Bill Subjects

Abstract

(1) Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. The judgment may include an order for a new birth certificate, and the new birth certificate is required to include the change of gender and any name change specified in the court order. Existing law also authorizes a procedure for a person born in this state to obtain a new birth certificate directly from the State Registrar to reflect their change of gender to female, male, or nonbinary without a court order. Existing law prohibits a new birth certificate issued under these provisions from indicating that it is not the original birth certificate and requires a local registrar or the county recorder to either forward a copy of the original birth certificate to the State Registrar or seal a cover over the copy of the original birth certificate, as specified. This bill would recast these provisions relating to new birth certificates to provide for a change in gender and sex identifier and to specify that a person who was issued a birth certificate by this state, rather than a person born in this state, may obtain a new birth certificate. This bill would authorize 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 for their minor or adult child to reflect the person's change in gender and sex identifier to female, male, or nonbinary. The bill also would authorize a person, even if they do not reside within this state, to file a petition with the superior court for a change in name or a change of gender and sex identifier to female, male, or nonbinary if the person is seeking to change their birth certificate, marriage license and certificate, confidential marriage license and certificate, or the birth certificate of their legal child that was issued by this state. The bill would provide a process for parties who are also identified on these vital records to be given notice and an opportunity to respond to the petition, as specified. This bill would authorize 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. The bill would require the supporting documentation to include, as applicable, a stipulation by the adult child to change their birth certificate and a stipulation by the spouse who is not requesting a change on their marriage license and certificate or confidential marriage license and certificate. The bill would authorize supporting documentation to include an affidavit, attested under penalty of perjury, that the changes are to conform to the person's gender identity and not for any fraudulent purpose. By expanding the crime of perjury in this manner, this bill would impose a state-mandated local program. This bill would make conforming changes to provisions relating to fees paid to the State Registrar for establishing new records of birth or marriage, and would require a fee, as specified, to be paid to the county clerk for the issuance of a new confidential marriage license and certificate under these provisions. The bill would require a new marriage license and certificate, confidential marriage license and certificate, or birth certificate issued under these provisions to supplant the previous vital record and would specifically direct how a county clerk should seal these original vital records. By creating new duties of a county clerk relating to sealing a marriage license and certificate or a confidential marriage license and certificate under these provisions, this bill would impose a state-mandated local program. Existing law requires the State Registrar to instruct all local registrars who have automated birth registration to electronically capture specified information in an electronic file. Under existing law, the electronic file of collected birth information is generally confidential. Existing law limits access to that file to certain authorized entities or individuals for health-related or other specified purposes. This bill would add the assigned sex at birth of the child to the list of information collected in the electronic file. The bill would make that information confidential except for the above-described limited access. By creating new duties of a local registrar, the bill would impose a state-mandated local program. (2) This bill would incorporate additional changes to Sections 1276 and 1277 of the Code of Civil Procedure proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 103430 of the Health and Safety Code proposed by AB 1578 to be operative only if this bill and AB 1578 are enacted. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) The bill's provisions would become operative January 1, 2023.