Text of MD HB 370 (2022)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0370* HOUSE BILL 370 J1 2lr1314 By: Delegate Belcastro Introduced and read first time: January 19, 2022 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Certificates of Birth – Issuance of New Certificates – Sex Designation 2 FOR the purpose of altering the circumstances under which the Secretary of Health is 3 required to make a new certificate of birth due to the change of a sex designation of 4 an individual; establishing requirements and a prohibition related to the making of 5 the new certificates of birth; and generally relating to the issuance of new certificates 6 of birth. 7 BY repealing and reenacting, with amendments, 8 Article – Health – General 9 Section 4–211 10 Annotated Code of Maryland 11 (2019 Replacement Volume and 2021 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Health – General 15 4–211. 16 (a) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 17 make a new certificate of birth for an individual if the Department receives satisfactory 18 proof that: 19 (1) The individual was born in this State; and 20 (2) Regardless of the location, one of the following has occurred: 21 (i) The previously unwed parents of the individual have married 22 2 HOUSE BILL 370 each other after the birth of the individual; 1 (ii) A court of competent jurisdiction has entered an order as to the 2 parentage, legitimation, or adoption of the individual; or 3 (iii) If a parent who did not give birth to the individual is not named 4 on an earlier certificate of birth: 5 1. The parent who did not give birth to the individual has 6 acknowledged himself or herself by affidavit to be a parent of the individual; and 7 2. The mother of the individual has consented by affidavit to 8 the acknowledgment. 9 (b) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 10 make a new certificate of birth for an individual if the Department receives satisfactory 11 proof that: 12 (1) The individual was born in this State; and 13 (2) Regardless of the location, one of the following has occurred: 14 (i) [1. A licensed health care practitioner who has treated or 15 evaluated the individual has determined that the individual’s sex designation should be 16 changed because the individual has undergone treatment appropriate for the purpose of 17 sex transition or has been diagnosed with an intersex condition; 18 2.] The individual, or if the individual is a minor or disabled 19 person under guardianship, the individual’s parent, guardian, or legal representative, has 20 made a written request, UNDER PENALTY OF PERJURY, for a new certificate of birth with 21 a sex designation that differs from the sex designated on the original certificate of birth; 22 [and 23 3. The licensed health care practitioner has signed a 24 statement, under penalty of perjury, that: 25 A. The individual has undergone surgical, hormonal, or other 26 treatment appropriate for the individual, based on generally accepted medical standards; 27 or 28 B. The individual has an intersex condition and, in the 29 professional opinion of the licensed health care practitioner, based on generally accepted 30 medical standards, the individual’s sex designation should be changed accordingly;] 31 (ii) A court of competent jurisdiction has issued an order indicating 32 that the sex of an individual born in this State has been changed; or 33 HOUSE BILL 370 3 (iii) Before October 1, 2015, the Secretary, as provided under 1 regulations adopted by the Department, amended an original certificate of birth on receipt 2 of a certified copy of an order of a court of competent jurisdiction indicating the sex of the 3 individual had been changed. 4 (C) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE 5 SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE 6 DEPARTMENT RECEIVES SATISFACTORY PROOF THAT: 7 (1) THE INDIVIDUAL WAS BORN IN THIS STATE; AND 8 (2) REGARDLESS OF THE LOCATION, ONE OF THE FOLLOWING HAS 9 OCCURRED: 10 (I) THE INDIVIDUAL, OR, IF THE INDIVIDUAL IS A MINOR OR 11 DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT, GUARDIAN, 12 OR LEGAL REPRESENTATIVE, HAS MADE A WRITTEN REQUEST, UNDER PENALTY OF 13 PERJURY, FOR A NEW CERTIFICATE OF BIRTH WITH A DESIGNATION FOR THE 14 PARENT AS “MOTHER”, “FATHER”, OR “PARENT” THAT DIFFERS FROM THE 15 DESIGNATION ON THE ORIGINAL CERTIFICATE OF BIRTH; OR 16 (II) A COURT OF COMPETENT JURISDICTION HAS ISSUED AN 17 ORDER INDICATING THAT THE NAME OF A PARENT LISTED ON THE INDIVIDUAL’S 18 CERTIFICATE OF BIRTH HAS BEEN CHANGED. 19 [(c)] (D) Except as provided in subsection [(d)] (E) of this section, the Secretary 20 may make a new certificate of birth for an individual who was born outside the United 21 States if one of the following occurred in this State: 22 (1) The previously unwed parents of the individual have married each 23 other after the birth of the individual; 24 (2) A court of competent jurisdiction in this State has entered an order as 25 to parentage or legitimation; or 26 (3) The parent who did not give birth to the individual acknowledged 27 himself or herself by affidavit to be a parent of the individual and the mother of the 28 individual has consented by affidavit to the acknowledgment. 29 [(d)] (E) The Secretary may not make a new certificate of birth in connection 30 with an order of a court of competent jurisdiction relating to the adoption of an individual, 31 if one of the following so directs the Secretary: 32 (1) The court that decrees the adoption[.]; 33 4 HOUSE BILL 370 (2) The adoptive parents[.]; OR 1 (3) The adopted individual, if an adult. 2 [(e)] (F) A new certificate of birth shall be prepared on the following basis: 3 (1) The individual shall be treated as having at birth the status that later 4 is acquired or established and of which proof is submitted. 5 (2) (i) If the parents of the individual were not married and parentage 6 is established by legal proceedings, the name of the parent who did not give birth to the 7 individual shall be inserted. 8 (ii) The legal proceeding should request and report to the Secretary 9 that the surname of the subject of the record be changed from that shown on the original 10 certificate, if a change is desired. 11 (3) If the individual is adopted, the name of the individual shall be that set 12 by the decree of adoption, and the adoptive parents shall be recorded as the parents of the 13 individual. 14 (4) The new certificate of birth shall contain wording that requires each 15 parent shown on the new certificate to indicate his or her own Social Security number. 16 [(f)] (G) (1) When a new certificate of birth is made under subsection (b) of 17 this section: 18 (i) The sex designation of the individual on the new certificate of 19 birth shall be the sex designation for which satisfactory proof has been submitted in 20 accordance with subsection (b) of this section; and 21 (ii) If the name of the individual has been changed at any time, the 22 name of the individual on the new certificate of birth shall be the name that was last 23 established and for which appropriate documentation has been submitted to the 24 Department. 25 (2) A new certificate of birth made under subsection (b) of this section may 26 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 2. If applicable, a [change of] name. 31 HOUSE BILL 370 5 (3) WHEN ISSUING A NEW CERTIFICATE OF BIRTH UNDER 1 SUBSECTION (B) OF THIS SECTION, THE SECRETARY: 2 (I) MAY NOT BE LIMITED TO DESIGNATING THE SEX OF THE 3 INDIVIDUAL AS “MALE” OR “FEMALE”; AND 4 (II) SHALL, WHEN REQUESTED UNDER PENALTY OF PERJURY, 5 DESIGNATE THE SEX OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH AS 6 NONBINARY, OTHER, OR UNSPECIFIED. 7 (H) (1) WHEN A NEW CERTIFICATE OF BIRTH IS MADE UNDER 8 SUBSECTION (C) OF THIS SECTION: 9 (I) THE DESIGNATION FOR THE PARENT ON THE NEW 10 CERTIFICATE OF BIRTH SHALL BE THE DESIGNATION FOR WHICH SATISFACTORY 11 PROOF HAS BEEN SUBMITTED IN ACCORDANCE WITH SUBSECTION (C) OF THIS 12 SECTION AND THAT IS REQUESTED BY THE INDIVIDUAL UNDER PENALTY OF 13 PERJURY; AND 14 (II) IF THE NAME OF THE PARENT HAS BEEN CHANGED AT ANY 15 TIME: 16 1. THE NAME OF THE PARENT ON THE NEW CERTIFICATE 17 OF BIRTH SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH 18 APPROPRIATE DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT; AND 19 2. EXCEPT ON REQUEST OF THE INDIVIDUAL, OR, IF THE 20 INDIVIDUAL IS A MINOR OR DISABLED PERSON UNDER GUARDIANSHIP, THE 21 INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE, THE NEW 22 CERTIFICATE OF BIRTH MAY NOT INCLUDE ANY PRIOR LEGAL NAME OF THE PARENT. 23 (2) A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (C) OF 24 THIS SECTION MAY NOT: 25 (I) BE MARKED “AMENDED”; OR 26 (II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MADE TO: 27 1. A SEX DESIGNATION; OR 28 2. IF APPLICABLE, A NAME. 29 [(g)] (I) (1) If a new certificate of birth is made, the Secretary shall: 30 6 HOUSE BILL 370 (i) Substitute the new certificate of birth for any certificate then on 1 file; and 2 (ii) Place the original certificate of birth and all records that relate 3 to the new certificate of birth under seal. 4 (2) The seal may be broken only: 5 (i) On order of a court of competent jurisdiction; 6 (ii) If it does not violate the confidentiality of the record, on written 7 order of a designee of the Secretary; or 8 (iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the 9 Family Law Article. 10 (3) A certified copy of the certificate of birth that later is issued shall be a 11 copy of the new certificate of birth, unless: 12 (i) A court of competent jurisdiction orders the issuance of a copy of 13 the original certificate of birth; or 14 (ii) Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article 15 provides for the issuance of a copy of the original certificate of birth. 16 [(h)] (J) Each clerk of court shall send to the Secretary, on the form that the 17 Secretary provides, a report of: 18 (1) Each decree of adoption; 19 (2) Each adjudication of parentage, including the parent’s Social Security 20 number; and 21 (3) Each revocation or amendment of any decree of adoption or 22 adjudication of paternity that the court enters. 23 [(i)] (K) Upon receipt of a report or decree of annulment of adoption, the original 24 certificate of birth shall be restored to its place in the files, and the adoption certificate and 25 any accompanying documents are not subject to inspection except upon order of a court of 26 competent jurisdiction or as provided by regulation. 27 [(j)] (L) If no certificate of birth is on file for the person for whom a new birth 28 certificate is to be established under this section, and the date and place of birth have not 29 been determined in the adoption or paternity proceedings: 30 (1) A delayed certificate of birth shall be filed with the Secretary as 31 HOUSE BILL 370 7 provided in § 4–210 of this subtitle before a new certificate of birth is established; and 1 (2) The new birth certificate shall be prepared on the delayed birth 2 certificate form. 3 [(k)] (M) (1) The Secretary shall, on request, prepare and register a certificate 4 in this State for an individual born in a foreign country and who was adopted: 5 (i) Through a court of competent jurisdiction in this State; or 6 (ii) 1. Under the laws of a jurisdiction or country other than the 7 United States and has been granted an IR–3 or IH–3 visa by the [United States 8 Immigration and Naturalization Service] U.S. CITIZENSHIP AND IMMIGRATION 9 SERVICES under the Immigration and Nationality Act; and 10 2. By an adopting parent who is a resident of this State. 11 (2) Except as provided in paragraph (3) of this subsection, the certificate 12 shall be established on receipt of: 13 (i) A certificate of adoption from the court decreeing the adoption; 14 (ii) Proof of the date and place of the child’s birth; and 15 (iii) A request from the court, the adopting parents, or the adopted 16 person if 18 years of age or over that the certificate be prepared. 17 (3) If the child was adopted under the laws of a jurisdiction or country other 18 than the United States and has been granted an IR–3 or IH–3 visa by the [United States 19 Immigration and Naturalization Service] U.S. CITIZENSHIP AND IMMIGRATION 20 SERVICES under the Immigration and Nationality Act, the certificate shall be established 21 on receipt of: 22 (i) An official copy of the decree from the jurisdiction or country in 23 which the child was adopted; 24 (ii) A certified translation of the foreign adoption decree; 25 (iii) Proof of the date and place of the child’s birth; 26 (iv) Proof of IR–3 or IH–3 visa status; 27 (v) A request from the court, the adopting parents, or the adopted 28 person if 18 years of age or over that the certificate be prepared; and 29 (vi) Proof that the adopting parent is a resident of this State. 30 8 HOUSE BILL 370 (4) The certificate shall be labeled “Certificate of Foreign Birth” and shall 1 show the actual country of birth. 2 (5) A statement shall also be included on the certificate indicating that it 3 is not evidence of United States citizenship for the child for whom it is issued. 4 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5 October 1, 2022. 6