Text of CO HB 1046 (2018)

Second Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED LLS NO. 18-0568.01 Jane Ritter x4342 HOUSE BILL 18-1046 House Committees Senate Committees Health, Insurance, & Environment A BILL FOR AN ACT CONCERNING THE ISSUANCE OF A NEW BIRTH CERTIFICATE WITH A 101 GENDER DESIGNATION THAT DIFFERS FROM THE GENDER 102 DESIGNATED ON THE PERSON'S ORIGINAL BIRTH CERTIFICATE. 103 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://leg.colorado.gov.) 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 HOUSE SPONSORSHIP Esgar, SENATE SPONSORSHIP Moreno, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. 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 or for an intersex individual. 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. 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 courts in this state are given jurisdiction to issue a decree to amend a birth certificate to reflect a change in gender designation for persons born in another state or foreign jurisdiction if the law of such 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: 1 SECTION 1. In Colorado Revised Statutes, add 25-2-113.8 as 2 follows: 3 25-2-113.8. Birth certificate modernization act - new birth 4 certificate following a change in gender designation. (1) THE SHORT 5 TITLE OF THIS SECTION IS THE "2018 BIRTH CERTIFICATE MODERNIZATION 6 ACT". 7 (2) THE STATE REGISTRAR SHALL ISSUE A NEW BIRTH CERTIFICATE 8 TO A PERSON WHO WAS BORN IN THIS STATE AND WHO HAS A GENDER 9 DIFFERENT FROM THE GENDER DENOTED ON THAT PERSON'S BIRTH 10 CERTIFICATE WHEN THE STATE REGISTRAR RECEIVES: 11 (a) A WRITTEN REQUEST FROM THE PERSON, OR FROM HIS OR HER 12 PARENTS, IF THE PERSON IS A MINOR, OR FROM THE PERSON'S GUARDIAN OR 13 LEGAL REPRESENTATIVE, SIGNED UNDER PENALTY OF LAW, TO ISSUE A NEW 14 BIRTH CERTIFICATE WITH A GENDER DESIGNATION THAT DIFFERS FROM THE 15 GENDER DESIGNATED ON THE PERSON'S ORIGINAL BIRTH CERTIFICATE; AND 16 (b) A STATEMENT, IN A FORM OR FORMAT DESIGNATED BY THE 17 HB18-1046 -2- STATE REGISTRAR, SIGNED UNDER PENALTY OF LAW, FROM A 1 PROFESSIONAL MEDICAL OR MENTAL HEALTH CARE PROVIDER LICENSED IN 2 GOOD STANDING IN COLORADO OR AN EQUIVALENT LICENSE IN GOOD 3 STANDING FROM ANOTHER JURISDICTION, STATING THAT: 4 (I) THE PERSON HAS UNDERGONE SURGICAL, HORMONAL, OR 5 OTHER TREATMENT APPROPRIATE FOR THAT PERSON FOR THE PURPOSE OF 6 GENDER TRANSITION, BASED ON CONTEMPORARY MEDICAL STANDARDS 7 AND, IN THE PROVIDER'S PROFESSIONAL OPINION, THE PERSON'S GENDER 8 DESIGNATION SHOULD BE CHANGED ACCORDINGLY; OR 9 (II) THE PERSON HAS AN INTERSEX CONDITION, AND, IN THE 10 PROVIDER'S PROFESSIONAL OPINION, THE PERSON'S GENDER DESIGNATION 11 SHOULD BE CHANGED ACCORDINGLY. 12 (3) THE STATE REGISTRAR IS AUTHORIZED TO CONTACT THE 13 MEDICAL OR MENTAL HEALTH CARE PROVIDER TO VERIFY A STATEMENT 14 MADE PURSUANT TO SUBSECTION (2)(b) OF THIS SECTION. 15 (4) IF A NEW BIRTH CERTIFICATE IS ISSUED PURSUANT TO THIS 16 SECTION, THE BIRTH CERTIFICATE MUST REFLECT, OR BE RE-ISSUED TO 17 REFLECT, ANY LEGAL NAME CHANGE MADE BEFORE, SIMULTANEOUS TO, OR 18 AFTER THE CHANGE IN GENDER DESIGNATION, AS LONG AS APPROPRIATE 19 DOCUMENTATION OF THE NAME CHANGE IS SUBMITTED. 20 (5) THE STATE REGISTRAR SHALL NOT REQUEST ANY ADDITIONAL 21 INFORMATION OR RECORDS OTHER THAN THOSE REQUIRED BY SUBSECTION 22 (2) OF THIS SECTION. THE STATE REGISTRAR SHALL NOT DISCLOSE 23 INFORMATION RELATING TO A GENDER CORRECTION, INCLUDING TO OTHER 24 GOVERNMENT EMPLOYEES, UNLESS REQUIRED IN ORDER TO CONDUCT 25 OFFICIAL BUSINESS. 26 (6) WHEN THE STATE REGISTRAR RECEIVES THE DOCUMENTATION 27 HB18-1046 -3- DESCRIBED IN SUBSECTION (2) OF THIS SECTION, THE STATE REGISTRAR 1 SHALL ISSUE A NEW BIRTH CERTIFICATE REFLECTING THE NEW GENDER 2 DESIGNATION AND, IF APPLICABLE, THE PERSON'S NEW NAME. THE NEW 3 BIRTH CERTIFICATE SUPERSEDES THE ORIGINAL AS THE OFFICIAL PUBLIC 4 RECORD AND MUST NOT BE MARKED AS AMENDED OR INDICATE IN ANY 5 OTHER MANNER THAT THE GENDER DESIGNATION OR NAME ON THE 6 CERTIFICATE HAS BEEN CHANGED. 7 (7) IN THE CASE OF A PERSON WHO IS A RESIDENT OF THIS STATE 8 AND WAS BORN IN ANOTHER STATE OR IN A FOREIGN JURISDICTION, IF THE 9 OTHER STATE OR FOREIGN JURISDICTION REQUIRES A COURT DECREE IN 10 ORDER TO AMEND A BIRTH CERTIFICATE TO REFLECT A CHANGE IN GENDER, 11 THE COURTS IN THIS STATE HAVE JURISDICTION TO ISSUE SUCH A DECREE. 12 SECTION 2. In Colorado Revised Statutes, 25-2-115, repeal (4) 13 as follows: 14 25-2-115. Alteration of reports and certificates - amended 15 reports and certificates. (4) Upon receipt of a certified copy of an order 16 of a court of competent jurisdiction indicating that the sex of an 17 individual born in this state has been changed by surgical procedure and 18 that such individual's name has been changed, the certificate of birth of 19 such individual shall be amended as prescribed by regulation. 20 SECTION 3. Safety clause. The general assembly hereby finds, 21 determines, and declares that this act is necessary for the immediate 22 preservation of the public peace, health, and safety. 23 HB18-1046 -4-