Text of MD HB 361 (2023)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0361* HOUSE BILL 361 J1 3lr1598 HB 370/22 – HGO By: Delegates Smith, Acevero, Boyce, Charkoudian, Edelson, Fair, Kaiser, Lehman, R. Lewis, Palakovich Carr, Simpson, Solomon, Stewart, Vogel, and Wells Introduced and read first time: January 26, 2023 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Certificates of Birth – Issuance of New Certificates – Sex Designation 2 (Birth Certificate Modernization Act) 3 FOR the purpose of altering the circumstances under which the Secretary of Health is 4 required to make a new certificate of birth due to the change of a sex designation of 5 an individual; establishing requirements and a prohibition related to the making of 6 new certificates of birth; and generally relating to the issuance of new certificates of 7 birth. 8 BY repealing and reenacting, with amendments, 9 Article – Health – General 10 Section 4–211 11 Annotated Code of Maryland 12 (2019 Replacement Volume and 2022 Supplement) 13 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 That the Laws of Maryland read as follows: 15 Article – Health – General 16 4–211. 17 (a) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 18 make a new certificate of birth for an individual if the Department receives satisfactory 19 proof that: 20 (1) The individual was born in this State; and 21 2 HOUSE BILL 361 (2) Regardless of the location, one of the following has occurred: 1 (i) The previously unwed parents of the individual have married 2 each other after the birth of the individual; 3 (ii) A court of competent jurisdiction has entered an order as to the 4 parentage, legitimation, or adoption of the individual; or 5 (iii) If a parent who did not give birth to the individual is not named 6 on an earlier certificate of birth: 7 1. The parent who did not give birth to the individual has 8 acknowledged himself or herself by affidavit to be a parent of the individual; and 9 2. The mother of the individual has consented by affidavit to 10 the acknowledgment. 11 (b) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 12 make a new certificate of birth for an individual if the Department receives satisfactory 13 proof that: 14 (1) The individual was born in this State; and 15 (2) Regardless of the location, one of the following has occurred: 16 (i) [1. A licensed health care practitioner who has treated or 17 evaluated the individual has determined that the individual’s sex designation should be 18 changed because the individual has undergone treatment appropriate for the purpose of 19 sex transition or has been diagnosed with an intersex condition; 20 2.] The individual, or if the individual is a minor or disabled 21 person under guardianship, the individual’s parent, guardian, or legal representative, has 22 made a written request, UNDER PENALTY OF PERJURY, for a new certificate of birth with 23 a sex designation that differs from the sex designated on the original certificate of birth; 24 [and 25 3. The licensed health care practitioner has signed a 26 statement, under penalty of perjury, that: 27 A. The individual has undergone surgical, hormonal, or other 28 treatment appropriate for the individual, based on generally accepted medical standards; 29 or 30 B. The individual has an intersex condition and, in the 31 professional opinion of the licensed health care practitioner, based on generally accepted 32 medical standards, the individual’s sex designation should be changed accordingly;] 33 HOUSE BILL 361 3 (ii) A court of competent jurisdiction has issued an order indicating 1 that the sex of an individual born in this State has been changed; or 2 (iii) Before October 1, 2015, the Secretary, as provided under 3 regulations adopted by the Department, amended an original certificate of birth on receipt 4 of a certified copy of an order of a court of competent jurisdiction indicating the sex of the 5 individual had been changed. 6 (C) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE 7 SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE 8 DEPARTMENT RECEIVES SATISFACTORY PROOF THAT: 9 (1) THE INDIVIDUAL WAS BORN IN THIS STATE; AND 10 (2) REGARDLESS OF THE LOCATION, ONE OF THE FOLLOWING HAS 11 OCCURRED: 12 (I) THE INDIVIDUAL, OR, IF THE INDIVIDUAL IS A MINOR OR 13 DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT, GUARDIAN, 14 OR LEGAL REPRESENTATIVE, HAS MADE A WRITTEN REQUEST, UNDER PENALTY OF 15 PERJURY, FOR A NEW CERTIFICATE OF BIRTH WITH A DESIGNATION FOR THE 16 PARENT AS “MOTHER”, “FATHER”, OR “PARENT” THAT DIFFERS FROM THE 17 DESIGNATION ON THE ORIGINAL CERTIFICATE OF BIRTH; OR 18 (II) A COURT OF COMPETENT JURISDICTION HAS ISSUED AN 19 ORDER INDICATING THAT THE NAME OF A PARENT LISTED ON THE INDIVIDUAL’S 20 CERTIFICATE OF BIRTH HAS BEEN CHANGED. 21 [(c)] (D) Except as provided in subsection [(d)] (E) of this section, the Secretary 22 may make a new certificate of birth for an individual who was born outside the United 23 States if one of the following occurred in this State: 24 (1) The previously unwed parents of the individual have married each 25 other after the birth of the individual; 26 (2) A court of competent jurisdiction in this State has entered an order as 27 to parentage or legitimation; or 28 (3) The parent who did not give birth to the individual acknowledged 29 himself or herself by affidavit to be a parent of the individual and the mother of the 30 individual has consented by affidavit to the acknowledgment. 31 [(d)] (E) The Secretary may not make a new certificate of birth in connection 32 with an order of a court of competent jurisdiction relating to the adoption of an individual, 33 4 HOUSE BILL 361 if one of the following so directs the Secretary: 1 (1) The court that decrees the adoption; 2 (2) The adoptive parents; or 3 (3) The adopted individual, if an adult. 4 [(e)] (F) A new certificate of birth shall be prepared on the following basis: 5 (1) The individual shall be treated as having at birth the status that later 6 is acquired or established and of which proof is submitted. 7 (2) (i) If the parents of the individual were not married and parentage 8 is established by legal proceedings, the name of the parent who did not give birth to the 9 individual shall be inserted. 10 (ii) The legal proceeding should request and report to the Secretary 11 that the surname of the subject of the record be changed from that shown on the original 12 certificate, if a change is desired. 13 (3) If the individual is adopted, the name of the individual shall be that set 14 by the decree of adoption, and the adoptive parents shall be recorded as the parents of the 15 individual. 16 (4) The new certificate of birth shall contain wording that requires each 17 parent shown on the new certificate to indicate his or her own Social Security number. 18 [(f)] (G) (1) When a new certificate of birth is made under subsection (b) of 19 this section: 20 (i) The sex designation of the individual on the new certificate of 21 birth shall be the sex designation for which satisfactory proof has been submitted in 22 accordance with subsection (b) of this section; and 23 (ii) If the name of the individual has been changed at any time, the 24 name of the individual on the new certificate of birth shall be the name that was last 25 established and for which appropriate documentation has been submitted to the 26 Department. 27 (2) A new certificate of birth made under subsection (b) of this section may 28 not: 29 (i) Be marked “amended”; or 30 (ii) Show on its face that a change has been made to: 31 HOUSE BILL 361 5 1. A sex designation; or 1 2. If applicable, a [change of] name. 2 (3) WHEN ISSUING A NEW CERTIFICATE OF BIRTH UNDER 3 SUBSECTION (B) OF THIS SECTION, THE SECRETARY: 4 (I) MAY NOT BE LIMITED TO DESIGNATING THE SEX OF THE 5 INDIVIDUAL AS “MALE” OR “FEMALE”; AND 6 (II) SHALL, WHEN REQUESTED UNDER PENALTY OF PERJURY, 7 DESIGNATE THE SEX OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH AS 8 NONBINARY, OTHER, OR UNSPECIFIED. 9 (H) (1) WHEN A NEW CERTIFICATE OF BIRTH IS MADE UNDER 10 SUBSECTION (C) OF THIS SECTION: 11 (I) THE DESIGNATION FOR THE PARENT ON THE NEW 12 CERTIFICATE OF BIRTH SHALL BE THE DESIGNATION FOR WHICH SATISFACTORY 13 PROOF HAS BEEN SUBMITTED IN ACCORDANCE WITH SUBSECTION (C) OF THIS 14 SECTION AND THAT IS REQUESTED BY THE INDIVIDUAL UNDER PENALTY OF 15 PERJURY; AND 16 (II) IF THE NAME OF THE PARENT HAS BEEN CHANGED AT ANY 17 TIME: 18 1. THE NAME OF THE PARENT ON THE NEW CERTIFICATE 19 OF BIRTH SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH 20 APPROPRIATE DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT; AND 21 2. EXCEPT ON REQUEST OF THE INDIVIDUAL, OR, IF THE 22 INDIVIDUAL IS A MINOR OR DISABLED PERSON UNDER GUARDIANSHIP, THE 23 INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE, THE NEW 24 CERTIFICATE OF BIRTH MAY NOT INCLUDE ANY PRIOR LEGAL NAME OF THE PARENT. 25 (2) A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (C) OF 26 THIS SECTION MAY NOT: 27 (I) BE MARKED “AMENDED”; OR 28 (II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MADE TO: 29 1. A SEX DESIGNATION; OR 30 6 HOUSE BILL 361 2. IF APPLICABLE, A NAME. 1 [(g)] (I) (1) If a new certificate of birth is made, the Secretary shall: 2 (i) Substitute the new certificate of birth for any certificate then on 3 file; and 4 (ii) Place the original certificate of birth and all records that relate 5 to the new certificate of birth under seal. 6 (2) The seal may be broken only: 7 (i) On order of a court of competent jurisdiction; 8 (ii) If it does not violate the confidentiality of the record, on written 9 order of a designee of the Secretary; or 10 (iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the 11 Family Law Article. 12 (3) A certified copy of the certificate of birth that later is issued shall be a 13 copy of the new certificate of birth, unless: 14 (i) A court of competent jurisdiction orders the issuance of a copy of 15 the original certificate of birth; or 16 (ii) Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article 17 provides for the issuance of a copy of the original certificate of birth. 18 [(h)] (J) Each clerk of court shall send to the Secretary, on the form that the 19 Secretary provides, a report of: 20 (1) Each decree of adoption; 21 (2) Each adjudication of parentage, including the parent’s Social Security 22 number; and 23 (3) Each revocation or amendment of any decree of adoption or 24 adjudication of paternity that the court enters. 25 [(i)] (K) Upon receipt of a report or decree of annulment of adoption, the original 26 certificate of birth shall be restored to its place in the files, and the adoption certificate and 27 any accompanying documents are not subject to inspection except upon order of a court of 28 competent jurisdiction or as provided by regulation. 29 [(j)] (L) If no certificate of birth is on file for the person for whom a new birth 30 certificate is to be established under this section, and the date and place of birth have not 31 HOUSE BILL 361 7 been determined in the adoption or paternity proceedings: 1 (1) A delayed certificate of birth shall be filed with the Secretary as 2 provided in § 4–210 of this subtitle before a new certificate of birth is established; and 3 (2) The new birth certificate shall be prepared on the delayed birth 4 certificate form. 5 [(k)] (M) (1) The Secretary shall, on request, prepare and register a certificate 6 in this State for an individual born in a foreign country and who was adopted: 7 (i) Through a court of competent jurisdiction in this State; or 8 (ii) 1. Under the laws of a jurisdiction or country other than the 9 United States and has been granted an IR–3 or IH–3 visa by the [United States 10 Immigration and Naturalization Service] U.S. CITIZENSHIP AND IMMIGRATION 11 SERVICES under the Immigration and Nationality Act; and 12 2. By an adopting parent who is a resident of this State. 13 (2) Except as provided in paragraph (3) of this subsection, the certificate 14 shall be established on receipt of: 15 (i) A certificate of adoption from the court decreeing the adoption; 16 (ii) Proof of the date and place of the child’s birth; and 17 (iii) A request from the court, the adopting parents, or the adopted 18 person if 18 years of age or over that the certificate be prepared. 19 (3) If the child was adopted under the laws of a jurisdiction or country other 20 than the United States and has been granted an IR–3 or IH–3 visa by the [United States 21 Immigration and Naturalization Service] U.S. CITIZENSHIP AND IMMIGRATION 22 SERVICES under the Immigration and Nationality Act, the certificate shall be established 23 on receipt of: 24 (i) An official copy of the decree from the jurisdiction or country in 25 which the child was adopted; 26 (ii) A certified translation of the foreign adoption decree; 27 (iii) Proof of the date and place of the child’s birth; 28 (iv) Proof of IR–3 or IH–3 visa status; 29 (v) A request from the court, the adopting parents, or the adopted 30 8 HOUSE BILL 361 person if 18 years of age or over that the certificate be prepared; and 1 (vi) Proof that the adopting parent is a resident of this State. 2 (4) The certificate shall be labeled “Certificate of Foreign Birth” and shall 3 show the actual country of birth. 4 (5) A statement shall also be included on the certificate indicating that it 5 is not evidence of United States citizenship for the child for whom it is issued. 6 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 7 October 1, 2023. 8