Text of ID S 1387 (2020)

LEGISLATURE OF THE STATE OF IDAHO Sixty-fifth Legislature Second Regular Session - 2020 IN THE SENATE SENATE BILL NO. 1387 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO VITAL STATISTICS; AMENDING CHAPTER 2, TITLE 39, IDAHO CODE, 2 BY THE ADDITION OF A NEW SECTION 39-279, IDAHO CODE, TO PROVIDE FOR 3 CHANGING THE SEX INDICATOR ON A BIRTH CERTIFICATE, TO PROVIDE REQUIRE- 4 MENTS FOR AN AMENDED BIRTH CERTIFICATE, AND TO PROVIDE FOR CERTAIN NAME 5 CHANGES. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Chapter 2, Title 39, Idaho Code, be, and the same is 8 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 9 ignated as Section 39-279, Idaho Code, and to read as follows: 10 39-279. CHANGING THE SEX INDICATOR ON A BIRTH CERTIFICATE. (1) The 11 state registrar of vital statistics must issue an amended Idaho certificate 12 of live birth for the change of the sex indicator on receipt of the following: 13 (a) From an individual eighteen (18) years of age or older, a completed 14 and notarized application on a form approved by the state registrar of 15 vital statistics that includes the following information: 16 (i) The identity of the individual; 17 (ii) The Idaho certificate of live birth to be amended; 18 (iii) A declaration that the individual's sex indicator on the 19 Idaho certificate of live birth does not match the individual's 20 gender identity; and 21 (iv) The sex indicator as it should appear on the amended certifi- 22 cate of live birth. 23 (b) From an individual under the age of eighteen (18) years, a completed 24 and notarized application on a form approved by the state registrar of 25 vital statistics that includes the following information: 26 (i) The identity of the individual; 27 (ii) The Idaho certificate of live birth to be amended; 28 (iii) A declaration that the individual's sex indicator on the 29 Idaho certificate of live birth does not match the individual's 30 gender identity; 31 (iv) The sex indicator as it should appear on the amended certifi- 32 cate of live birth; 33 (v) The consent of all parents listed on the certificate of live 34 birth or the consent of the individual's legal guardian. If a par- 35 ent is deceased, a copy of the death certificate must be submit- 36 ted with the application. If a parent cannot be located, the indi- 37 vidual must also submit a certified copy of an order from an Idaho 38 court of competent jurisdiction ordering that the consent of only 39 one (1) parent is required; and 40 (vi) A signed form from a licensed professional stating that in 41 such professional's opinion, the requested change of sex indica- 42 2 tor accurately reflects the gender with which the individual iden- 1 tifies. For purposes of this section, "licensed professional" 2 means a licensed physician, psychiatrist, nurse practitioner, 3 physician's assistant, psychologist, or professional counselor. 4 (2) The amended certificate of live birth issued under this section 5 must not be marked amended, must not refer to the original certificate of 6 live birth sex, and must show the amended sex indicator as requested. The 7 certificate of live birth being amended, application, signed form from a 8 licensed professional for individuals under the age of eighteen (18) years, 9 and court order, if required, must be placed in a sealed file that may be 10 opened only by an order from an Idaho court of competent jurisdiction. 11 (3) A onetime name change made under an amendment of sex indicator on 12 the certificate of live birth, whether made prior to, at the time of, or sub- 13 sequent to a change of sex indicator on a certificate of live birth, must not 14 be marked amended and must not refer to the original birth certificate name 15 or sex indicator. 16