HOUSE 3rd Reading Unamended April 2, 2015 HOUSE Amended 2nd Reading April 1, 2015First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 15-0744.01 Debbie Haskins x2045 HOUSE BILL 15-1265 HOUSE SPONSORSHIP Moreno, Esgar, Garnett, Ginal, Rosenthal SENATE SPONSORSHIP Ulibarri, Guzman, Steadman House Committees Senate Committees Health, Insurance, & Environment A BILL FOR AN ACT Concerning the issuance of a new birth certificate with a gender designation that differs from the gender designated on the person's original birth certificate. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Under current law, a person born in Colorado who seeks a new birth certificate from the registrar of vital statistics (state registrar) to reflect a change in gender designation must obtain a court order indicating that the sex of the person has been changed by surgical procedure and ordering that the gender designation on the birth certificate be amended, and the person must obtain a court order with a legal name change. The bill repeals that provision and creates new requirements for the issuance of birth certificates in cases of changes to gender designation. Under the bill, known as the "2015 Birth Certificate Modernization Act", the state registrar shall issue a new birth certificate with a different gender designation to a person who was born in this state when the state registrar receives: A written request from the person, or from his or her parents, if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, requesting a new birth certificate with a gender designation that differs from the gender designated on the person's original birth certificate; and A statement, signed under penalty of law, from a licensed health care provider stating that the person has undergone surgical, hormonal, or other treatment appropriate for that person for the purpose of gender transition, based on contemporary medical standards, or stating that the person has an intersex condition, and that in the provider's professional opinion the person's gender designation should be changed accordingly. The bill requires that the state registrar issue a new birth certificate rather than an amended birth certificate. The bill allows a person who has previously obtained an amended birth certificate under previous versions of the law to apply to receive a new birth certificate. The bill protects the privacy of the person by stating that the original birth certificate and all documents relating to the change in gender designation are sealed and are opened only upon court order or upon written request of the person whose birth certificate is at issue. A person is not required to obtain a court order for a legal name change in order to obtain a new birth certificate with a change in gender designation. The bill creates a process for a person to update the person's name on a birth certificate at other times than the issuance of the new birth certificate. The state registrar is prohibited from requesting additional medical information. The courts in this state are given jurisdiction to issue a decree to amend a birth certificate to reflect a change in gender designation for a person who is a resident of this state and was born in another state or in a foreign jurisdiction if the law in the other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender designation. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, add 25-2-113.8 as follows: 25-2-113.8. Birth certificate modernization act - new birth certificates following a change in gender designation. (1) This section shall be known and may be cited as the "2015 Birth Certificate Modernization Act". (2) The state registrar shall issue a new birth certificate to a person who was born in this state and who has a gender different from the gender denoted on that person's birth certificate when the state registrar receives: (a) A written request from the person, or from his or her parents, if the person is a minor, or from the person's guardian or legal representative, signed under penalty of law, to issue a new birth certificate with a gender designation that differs from the gender designated on the person's original birth certificate; and (b) A statement, signed under penalty of law, from a medical or mental health care provider licensed in good standing, and on the medical or mental health care provider's letterhead, stating that the person has undergone surgical, hormonal, or other treatment appropriate for that person for the purpose of gender transition, based on contemporary medical standards, or stating that the person has an intersex condition, and stating that in the provider's professional opinion the person's gender designation should be changed accordingly. The state registrar is authorized to contact the medical or mental health care provider to verify the statement. (3) If a new birth certificate is issued under this section, the birth certificate must reflect, or be re-issued to reflect, any legal name change made before, simultaneous to, or after the change in gender designation, as long as appropriate documentation of the name change is submitted. (4) The state registrar shall not request any additional information or records other than those required by paragraphs (a) and (b) of subsection (2) of this section. The state registrar shall not disclose information relating to a gender correction, including to other government employees, unless required in order to conduct official business. (5) When the state registrar receives the documentation described in paragraphs (a) and (b) of subsection (2) of this section, the state registrar shall issue a new birth certificate reflecting the new gender designation and, if applicable, the new name of the person. The new birth certificate supersedes the original as the official public record and shall not be marked as amended or indicate in any other manner that the gender designation or name on the certificate has been changed. The state registrar shall seal the original birth certificate and any records relating to the issuance of a new birth certificate and shall open the records only pursuant to an order of a court of competent jurisdiction or upon written request of the person whose birth certificate is at issue; except that an original birth certificate and the records relating to the issuance of a new birth certificate as provided in this section shall not be sealed for a person who is under eighteen years of age. After the person who was issued a new birth certificate under this section is eighteen years of age or older and upon request of that person, the state registrar shall seal the original birth certificate and the records relating to the issuance of a new birth certificate. (6) In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, if such other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender, the courts in this state have jurisdiction to issue such a decree. SECTION 2. In Colorado Revised Statutes, 25-2-115, repeal (4) as follows: 25-2-115. Alteration of reports and certificates - amended reports and certificates. (4) Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual born in this state has been changed by surgical procedure and that such individual's name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.