Text of HI HB 1452 (2026)
Relating To Birth Certificates.
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As introduced
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HOUSE OF REPRESENTATIVES
H.B. NO.
1452
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to birth certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 338-17.7, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
"(a) The department of health shall establish, in
the following circumstances, a new certificate of birth for a person born in
this State who already has a birth certificate filed with the department and
who is referred to below as the "birth registrant":
(1) Upon receipt of an
affidavit of paternity, a court order establishing paternity, or a certificate
of marriage establishing the marriage of the natural parents to each other,
together with a request from the birth registrant, or the birth registrant's
parent or other person having legal custody of the birth registrant, that a new
birth certificate be prepared because previously recorded information has been
altered pursuant to law;
(2) Upon receipt of a
certified copy of a final order, judgment, or decree of a court of competent
jurisdiction that determined the nonexistence of a parent and child
relationship between a person identified as a parent on the birth certificate
on file and the birth registrant;
(3) Upon receipt of a
certified copy of a final adoption decree, or of an abstract of the decree,
pursuant to sections 338-20 and 578-14;
(4) Upon
receipt of an affidavit from a United States licensed physician [or],
physician assistant, or advanced practice registered nurse attesting
that:
(A) The physician [or],
physician assistant, or advanced practice registered nurse has a bona
fide provider-patient relationship with the birth registrant;
(B) The physician [or],
physician assistant, or advanced practice registered nurse has treated
and evaluated the birth registrant and has reviewed and evaluated the birth
registrant's medical history;
(C) The birth
registrant has had appropriate clinical treatment for gender transition to the
new gender and has completed the transition to the new gender; and
(D) The new gender
does not align with the sex designation on the birth registrant's birth
certificate; or
(5) Upon request of a
law enforcement agency certifying that a new birth certificate showing
different information would provide for the safety of the birth registrant;
provided that the new birth certificate shall contain information requested by
the law enforcement agency, shall be assigned a new number and filed
accordingly, and shall not substitute for the birth registrant's original birth
certificate, which shall remain in place."
SECTION 2. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Birth
Certificates; Vital Statistics; Birth Registrants; Advanced Practice Registered
Nurses
Description:
Expands
the types of health care providers who can submit an affidavit for a new
certificate of birth for certain birth registrants.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.