Text of AR HB 1894 (2017)

To Require That Birth Certificates List The Biological Sex Of An Individual As Determined At Birth; And To Prohibit Amendment Of A Birth Certificate To Change The Biological Sex Listed On A Birth Certificate.

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Stricken language would be deleted from and underlined language would be added to present law. *JMB320* 03-02-2017 17:07:12 JMB320 State of Arkansas 1 91st General Assembly A Bill 2 Regular Session, 2017 HOUSE BILL 1894 3 4 By: Representatives Gates, Lundstrum, K. Hendren, Ballinger, McNair, D. Meeks, Payton 5 6 For An Act To Be Entitled 7 AN ACT TO REQUIRE THAT BIRTH CERTIFICATES LIST THE 8 BIOLOGICAL SEX OF AN INDIVIDUAL AS DETERMINED AT 9 BIRTH; TO PROHIBIT AMENDMENT OF A BIRTH CERTIFICATE 10 TO CHANGE THE BIOLOGICAL SEX LISTED ON A BIRTH 11 CERTIFICATE; AND FOR OTHER PURPOSES. 12 13 14 Subtitle 15 TO REQUIRE THAT BIRTH CERTIFICATES LIST 16 THE BIOLOGICAL SEX OF AN INDIVIDUAL AS 17 DETERMINED AT BIRTH; AND TO PROHIBIT 18 AMENDMENT OF A BIRTH CERTIFICATE TO 19 CHANGE THE BIOLOGICAL SEX LISTED ON A 20 BIRTH CERTIFICATE. 21 22 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 SECTION 1. Arkansas Code § 20-18-301, concerning the content of 26 certificates and reports of vital statistics, is amended to add an additional 27 subsection to read as follows: 28 (e)(1) On a birth certificate, the biological sex of an individual 29 shall be listed as either male or female. 30 (2)(A) Except as provided in subdivision (e)(2)(B) of this 31 section, the biological sex of an individual shall be determined at the time 32 of birth based on the genetic code of an individual at birth. 33 (B) For an individual with a genetic disorder or medical 34 condition at the time of birth that makes biological sex difficult to 35 determine, listing of the biological sex of the individual may be delayed up 36 HB1894 2 03-02-2017 17:07:12 JMB320 to the fifth birthday of the individual. 1 (3) The biological sex listed on a birth certificate shall not 2 be amended. 3 4 SECTION 2. Arkansas Code § 20-18-307(d), concerning the amendment of 5 vital records and reports, is repealed. 6 (d) Upon receipt of a certified copy of an order of a court of 7 competent jurisdiction indicating that the sex of an individual born in this 8 state has been changed by surgical procedure and that the individual’s name 9 has been changed, the certificate of birth of the individual shall be amended 10 accordingly. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36