## Health and Safety Code - HSC ## DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925] ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. ) ## PART 1. VITAL RECORDS [102100 - 103800] ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. ) ## CHAPTER 11. Amendment of Records [103225 - 103449] ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 4. ) ## ARTICLE 7. Revision of Birth and Marriage Records to Reflect Change of Gender and Sex Identifier [103425 - 103445] ( Article 7 repealed and added by Stats. 2021, Ch. 577, Sec. 8. ) ## 103426. (a) The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for any person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender and sex identifier stated in the application and any change in name, if accompanied by a certified copy of the court order for a change of name. (b) (1) The State Registrar shall issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following: (A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The parent’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) The fee prescribed by Section 103725. (D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained. (c) (1) The State Registrar shall issue a new birth certificate for an adult child who has a birth certificate issued by this state without a court order when the parent submits directly to the State Registrar all of the following: (A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The parent’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the adult child stipulating to the change to the adult child’s birth certificate. (D) The fee prescribed by Section 103725. (E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an issuance of a new birth certificate for me that reflects my parent’s legal gender and name.” (3) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained. (d) (1) The county clerk shall issue a new confidential marriage license and certificate for a person who has a confidential marriage license and certificate that was issued from their county without a court order when the person submits directly to the county clerk all of the following: (A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name of the spouse. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate. (D) The fee established by the county clerk, not to exceed the amount of the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. (E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (2) The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and name.” (3) The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained. (4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (e) (1) The State Registrar shall issue a new marriage license and certificate for a person who has a marriage license and certificate without a court order if the person submits directly to the State Registrar all of the following: (A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name of the spouse. (B) A copy of at least one of the following documents: (i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable. (ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier. (iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier. (iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose. (C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate. (D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable. (E) The fee prescribed by Section 103725. (2) The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license and certificate for me that reflects my spouse’s legal gender and name.” (3) The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained. (4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court. (Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.)
