Text of MD HB 862 (2015)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law. *hb0862* HOUSE BILL 862 J1 5lr2579 CF SB 743 By: Delegates Moon, Cullison, Barkley, Carr, Fraser–Hidalgo, Gutierrez, Kaiser, Kelly, Korman, Lam, Luedtke, McIntosh, Morales, Platt, Reznik, S. Robinson, Rosenberg, Smith, Tarlau, M. Washington, and Zucker Introduced and read first time: February 13, 2015 Assigned to: Health and Government Operations A BILL ENTITLED AN ACT concerning 1 Vital Records – New Certificates of Birth – Sex Change or Diagnosis of an 2 Intersex Condition 3 FOR the purpose of requiring the Secretary of Health and Mental Hygiene, under certain 4 circumstances, to make a new certificate of birth for an individual whose sex has 5 been changed or who has been diagnosed with an intersex condition; requiring that 6 a certain sex designation and, under certain circumstances, a certain name be on the 7 new certificate of birth; prohibiting a new certificate of birth from having certain 8 markings or showing on its face certain changes; altering the circumstances under 9 which a seal on an original certificate of birth and certain records may be broken; 10 altering the circumstances under which a copy of an original certificate of birth may 11 be issued to an individual for whom a new certificate of birth was made under a 12 certain provision of this Act; repealing language rendered obsolete by this Act; 13 making conforming and clarifying changes; defining a certain term; and generally 14 relating to the issuance of new certificates of birth. 15 BY repealing and reenacting, with amendments, 16 Article – Health – General 17 Section 4–201, 4–211, and 4–214 18 Annotated Code of Maryland 19 (2009 Replacement Volume and 2014 Supplement) 20 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 That the Laws of Maryland read as follows: 22 Article – Health – General 23 4–201. 24 2 HOUSE BILL 862 (a) In this subtitle the following words have the meanings indicated. 1 (b) “Attending physician” means the physician in charge of the patient’s care for 2 the illness or condition which resulted in death. 3 (c) “County registrar” means the registrar of vital records for a county. 4 (d) (1) “Dead body” means: 5 (i) A dead human body; or 6 (ii) Parts or bones of a human body if, from their condition, an 7 individual reasonably may conclude that death has occurred. 8 (2) “Dead body” does not include an amputated part. 9 (e) “Fetal death” means death of a product of human conception, before its 10 complete expulsion or extraction from the mother, regardless of the duration of the 11 pregnancy, as indicated by the fact that, after the expulsion or extraction, the fetus does 12 not breathe or show any other evidence of life, such as heart beat, pulsation of the umbilical 13 cord, or definite movement of voluntary muscle. 14 (f) “File” means to present for registration any certificate, report, or other record 15 including records transmitted by approved electronic media, including facsimile, of birth, 16 death, fetal death, adoption, marriage, or divorce for which this subtitle provides and to 17 have the Secretary accept the record. 18 (g) “Filing date” means the date a vital record is accepted for registration by the 19 Secretary. 20 (h) “Final disposition” means the burial, cremation, or other final disposition of a 21 body or fetus. 22 (i) “Institution” means any public or private establishment: 23 (1) To which individuals are committed by law; or 24 (2) That provides to 2 or more unrelated individuals: 25 (i) Any inpatient or outpatient medical, surgical, or diagnostic care 26 or treatment; or 27 (ii) Any nursing, custodial, or domiciliary care. 28 (J) “LICENSED HEALTH CARE PRACTITIONER” MEANS: 29 (1) AN INDIVIDUAL WHO IS: 30 HOUSE BILL 862 3 (I) A PHYSICIAN LICENSED UNDER TITLE 14 OF THE HEALTH 1 OCCUPATIONS ARTICLE; 2 (II) A PSYCHOLOGIST LICENSED UNDER TITLE 18 OF THE 3 HEALTH OCCUPATIONS ARTICLE; 4 (III) A REGISTERED NURSE LICENSED AND CERTIFIED TO 5 PRACTICE AS A NURSE PRACTITIONER, NURSE PSYCHOTHERAPIST, OR CLINICAL 6 NURSE SPECIALIST UNDER TITLE 8 OF THE HEALTH OCCUPATIONS ARTICLE; 7 (IV) A LICENSED CERTIFIED SOCIAL WORKER–CLINICAL 8 LICENSED UNDER TITLE 19 OF THE HEALTH OCCUPATIONS ARTICLE; OR 9 (2) AN INDIVIDUAL WHO: 10 (I) IS LICENSED TO PRACTICE A PROFESSION LISTED IN ITEM 11 (1) OF THIS SUBSECTION IN ANOTHER STATE; AND 12 (II) MEETS THE REQUIREMENTS UNDER THE HEALTH 13 OCCUPATIONS ARTICLE TO QUALIFY FOR A LICENSE TO PRACTICE THE PROFESSION 14 IN THIS STATE. 15 [(j)] (K) “Live birth” means the complete expulsion or extraction of a product of 16 human conception from the mother, regardless of the period of gestation, if, after the 17 expulsion or extraction, it breathes or shows any other evidence of life, such as heart beat, 18 pulsation of the umbilical cord, or definite movement of voluntary muscle, whether or not 19 the umbilical cord is cut or the placenta is attached. 20 [(k)] (L) “Mortician” means a funeral director, mortician, or other person who is 21 authorized to make final disposition of a body. 22 [(l)] (M) “Physician” means a person authorized or licensed to practice medicine 23 or osteopathy pursuant to the laws of this State. 24 [(m)] (N) “Physician assistant” means an individual who is licensed under Title 25 15 of the Health Occupations Article to practice medicine with physician supervision. 26 [(n)] (O) “Registration” means acceptance by the Secretary and incorporation in 27 the records of the Department of any certificate, report, or other record of birth, death, fetal 28 death, adoption, marriage, divorce, or dissolution or annulment of marriage for which this 29 subtitle provides. 30 4 HOUSE BILL 862 [(o)] (P) “Vital record” means a certificate or report of birth, death, fetal death, 1 marriage, divorce, dissolution or annulment of marriage, adoption, or adjudication of 2 paternity that is required by law to be filed with the Secretary. 3 [(p)] (Q) “Vital statistics” means the data derived from certificates and reports 4 of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, and 5 reports related to any of these certificates and reports. 6 4–211. 7 (a) Except as provided in subsection [(c)] (D) of this section, the Secretary shall 8 make a new certificate of birth for an individual if the Department receives satisfactory 9 proof that: 10 (1) The individual was born in this State; and 11 (2) Regardless of the location, one of the following has occurred: 12 (i) The previously unwed parents of the individual have married 13 each other after the birth of the individual; 14 (ii) A court of competent jurisdiction has entered an order as to the 15 parentage, legitimation, or adoption of the individual; or 16 (iii) If a father is not named on an earlier certificate of birth: 17 1. The father of the individual has acknowledged himself by 18 affidavit to be the father; and 19 2. The mother of the individual has consented by affidavit to 20 the acknowledgment. 21 (B) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE 22 SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE 23 DEPARTMENT RECEIVES SATISFACTORY PROOF THAT: 24 (1) THE INDIVIDUAL WAS BORN IN THIS STATE; AND 25 (2) REGARDLESS OF THE LOCATION, ONE OF THE FOLLOWING HAS 26 OCCURRED: 27 (I) 1. A LICENSED HEALTH CARE PROVIDER WHO HAS 28 TREATED OR EVALUATED THE INDIVIDUAL HAS DETERMINED THAT THE 29 INDIVIDUAL’S SEX DESIGNATION SHOULD BE CHANGED BECAUSE THE INDIVIDUAL 30 HOUSE BILL 862 5 HAS UNDERGONE TREATMENT APPROPRIATE FOR THE PURPOSE OF SEX 1 TRANSITION OR HAS BEEN DIAGNOSED WITH AN INTERSEX CONDITION; 2 2. THE INDIVIDUAL, OR IF THE INDIVIDUAL IS A MINOR 3 OR DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT, 4 GUARDIAN, OR LEGAL REPRESENTATIVE, HAS MADE A WRITTEN REQUEST FOR A 5 NEW CERTIFICATE OF BIRTH WITH A SEX DESIGNATION THAT DIFFERS FROM THE 6 SEX DESIGNATED ON THE ORIGINAL CERTIFICATE OF BIRTH; AND 7 3. THE LICENSED HEALTH CARE PRACTITIONER HAS 8 SIGNED A STATEMENT, UNDER PENALTY OF PERJURY, THAT: 9 A. THE INDIVIDUAL HAS UNDERGONE SURGICAL, 10 HORMONAL, OR OTHER TREATMENT APPROPRIATE FOR THE INDIVIDUAL, BASED ON 11 GENERALLY ACCEPTED MEDICAL STANDARDS; OR 12 B. THE INDIVIDUAL HAS AN INTERSEX CONDITION AND, 13 IN THE PROFESSIONAL OPINION OF THE LICENSED HEALTH CARE PRACTITIONER, 14 BASED ON GENERALLY ACCEPTED MEDICAL STANDARDS, THE INDIVIDUAL’S SEX 15 DESIGNATION SHOULD BE CHANGED ACCORDINGLY; 16 (II) A COURT OF COMPETENT JURISDICTION HAS ISSUED AN 17 ORDER INDICATING THAT THE SEX OF AN INDIVIDUAL BORN IN THIS STATE HAS 18 BEEN CHANGED; OR 19 (III) BEFORE OCTOBER 1, 2015, THE SECRETARY, AS PROVIDED 20 UNDER REGULATIONS ADOPTED BY THE DEPARTMENT, AMENDED AN ORIGINAL 21 CERTIFICATE OF BIRTH ON RECEIPT OF A CERTIFIED COPY OF AN ORDER OF A 22 COURT OF COMPETENT JURISDICTION INDICATING THE SEX OF THE INDIVIDUAL 23 HAD BEEN CHANGED. 24 [(b)] (C) Except as provided in subsection [(c)] (D) of this section, the Secretary 25 may make a new certificate of birth for an individual who was born outside the United 26 States if one of the following occurred in this State: 27 (1) The previously unwed parents of the individual have married each 28 other after the birth of the individual; 29 (2) A court of competent jurisdiction in this State has entered an order as 30 to parentage or legitimation; or 31 (3) The father of the individual acknowledged himself by affidavit to be the 32 father and the mother of the individual has consented by affidavit to the acknowledgment. 33 6 HOUSE BILL 862 [(c)] (D) The Secretary may not make a new certificate of birth IN CONNECTION 1 WITH AN ORDER OF A COURT OF COMPETENT JURISDICTION RELATING TO THE 2 ADOPTION OF AN INDIVIDUAL, if one of the following so directs the Secretary: 3 (1) The court that decrees the adoption. 4 (2) The adoptive parents. 5 (3) The adopted individual, if an adult. 6 [(d)] (E) A new certificate of birth shall be prepared on the following basis: 7 (1) The individual shall be treated as having at birth the status that later 8 is acquired or established and of which proof is submitted. 9 (2) If the parents of the individual were not married and paternity is 10 established by legal proceedings, the name of the father shall be inserted. The legal 11 proceeding should request and report to the Secretary that the surname of the subject of 12 the record be changed from that shown on the original 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) (1) WHEN A NEW CERTIFICATE OF BIRTH IS MADE UNDER 19 SUBSECTION (B) OF THIS SECTION: 20 (I) THE SEX DESIGNATION OF THE INDIVIDUAL ON THE NEW 21 CERTIFICATE OF BIRTH SHALL BE THE SEX DESIGNATION FOR WHICH 22 SATISFACTORY PROOF HAS BEEN SUBMITTED IN ACCORDANCE WITH SUBSECTION 23 (B) OF THIS SECTION; AND 24 (II) IF THE NAME OF THE INDIVIDUAL HAS BEEN CHANGED AT 25 ANY TIME, THE NAME OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH 26 SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH APPROPRIATE 27 DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT. 28 (2) A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (B) OF 29 THIS SECTION MAY NOT: 30 (I) BE MARKED “AMENDED”; OR 31 HOUSE BILL 862 7 (II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MADE TO: 1 1. A SEX DESIGNATION; OR 2 2. IF APPLICABLE, A CHANGE OF NAME. 3 [(e)] (G) (1) If a new certificate of birth is made, the Secretary shall: 4 (i) Substitute the new certificate of birth for any certificate then on 5 file; and 6 (ii) Place the original certificate of birth and all records that relate 7 to the new certificate of birth under seal. 8 (2) The seal may be broken only: 9 (i) On order of a court of competent jurisdiction; 10 (ii) If it does not violate the confidentiality of the record, on written 11 order of a designee of the Secretary; [or] 12 (iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the 13 Family Law Article; OR 14 (IV) UNLESS INCONSISTENT WITH TITLE 5, SUBTITLE 3A OR 15 SUBTITLE 4B OF THE FAMILY LAW ARTICLE, ON REQUEST OF AN INDIVIDUAL FOR 16 WHOM A NEW CERTIFICATE OF BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS 17 SECTION. 18 (3) A certified copy of the certificate of birth that later is issued shall be a 19 copy of the new certificate of birth, unless: 20 (i) A court of competent jurisdiction orders the issuance of a copy of 21 the original certificate of birth; [or] 22 (ii) TITLE 5, Subtitle 3A or Subtitle 4B of the Family Law Article 23 provides for the issuance of a copy of the original certificate of birth; OR 24 (III) 1. AN INDIVIDUAL FOR WHOM A NEW CERTIFICATE OF 25 BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS SECTION REQUESTS A COPY OF 26 THE ORIGINAL CERTIFICATE OF BIRTH; AND 27 2. TITLE 5, SUBTITLE 3A OR SUBTITLE 4B OF THE 28 FAMILY LAW ARTICLE DOES NOT PROHIBIT ISSUANCE OF A COPY OF THE ORIGINAL 29 CERTIFICATE OF BIRTH TO THE INDIVIDUAL. 30 8 HOUSE BILL 862 [(f)] (H) Each clerk of court shall send to the Secretary, on the form that the 1 Secretary provides, a report of: 2 (1) Each decree of adoption; 3 (2) Each adjudication of paternity, including the father’s Social Security 4 number; and 5 (3) Each revocation or amendment of any decree of adoption or 6 adjudication of paternity that the court enters. 7 [(g)] (I) Upon receipt of a report or decree of annulment of adoption, the original 8 certificate of birth shall be restored to its place in the files, and the adoption certificate and 9 any accompanying documents are not subject to inspection except upon order of a court of 10 competent jurisdiction or as provided by regulation. 11 [(h)] (J) If no certificate of birth is on file for the person for whom a new birth 12 certificate is to be established under this section, and the date and place of birth have not 13 been determined in the adoption or paternity proceedings: 14 (1) A delayed certificate of birth shall be filed with the Secretary as 15 provided in § 4–210 of this subtitle before a new certificate of birth is established; and 16 (2) The new birth certificate shall be prepared on the delayed birth 17 certificate form. 18 [(i)] (K) (1) The Secretary shall, on request, prepare and register a certificate 19 in this State for an individual born in a foreign country and who was adopted: 20 (i) Through a court of competent jurisdiction in this State; or 21 (ii) 1. Under the laws of a jurisdiction or country other than the 22 United States and has been granted an IR–3 or IH–3 visa by the United States Immigration 23 and Naturalization Service under the Immigration and Nationality Act; and 24 2. By an adopting parent who is a resident of this State. 25 (2) Except as provided in paragraph (3) of this subsection, the certificate 26 shall be established on receipt of: 27 (i) A certificate of adoption from the court decreeing the adoption; 28 (ii) Proof of the date and place of the child’s birth; and 29 (iii) A request from the court, the adopting parents, or the adopted 30 person if 18 years of age or over that the certificate be prepared. 31 HOUSE BILL 862 9 (3) If the child was adopted under the laws of a jurisdiction or country other 1 than the United States and has been granted an IR–3 or IH–3 visa by the United States 2 Immigration and Naturalization Service under the Immigration and Nationality Act, the 3 certificate shall be established on receipt of: 4 (i) An official copy of the decree from the jurisdiction or country in 5 which the child was adopted; 6 (ii) A certified translation of the foreign adoption decree; 7 (iii) Proof of the date and place of the child’s birth; 8 (iv) Proof of IR–3 or IH–3 visa status; 9 (v) A request from the court, the adopting parents, or the adopted 10 person if 18 years of age or over that the certificate be prepared; and 11 (vi) Proof that the adopting parent is a resident of this State. 12 (4) The certificate shall be labeled “Certificate of Foreign Birth” and shall 13 show the actual country of birth. 14 (5) A statement shall also be included on the certificate indicating that it 15 is not evidence of United States citizenship for the child for whom it is issued. 16 4–214. 17 (a) A certificate or record registered under this subtitle may be amended only in 18 accordance with this subtitle and any rules and regulations that the Secretary adopts to 19 protect the integrity and accuracy of vital records. 20 (b) (1) If any certificate of birth, death, or fetal death is amended, the facts 21 shall be certified to the Secretary and entered on the original certificate with the date of 22 the amendment, over the signature or initials of a designee of the Secretary and with a line 23 drawn through the original data. 24 (2) All amendments may be stored on electronic media approved by the 25 Secretary. 26 (3) All copies of certificates that are amended shall contain a notation that 27 an amendment has been made. 28 (4) A record shall be maintained which identifies the evidence upon which 29 the amendment was based, the date of the amendment, and the identity of the person 30 making the amendment. 31 10 HOUSE BILL 862 (5) [Upon receipt of a certified copy of an order of a court of competent 1 jurisdiction indicating the sex of an individual born in this State has been changed by 2 surgical procedure and whether such individual’s name has been changed, the Secretary 3 shall amend the certificate of birth of the individual as prescribed by regulation. 4 (6)] When an informant does not submit the minimum documentation 5 required in the regulations for amending a vital record or when the Secretary has cause to 6 question the validity or adequacy of the applicant’s sworn statements or the documentary 7 evidence, and if the deficiencies are not corrected, the Secretary shall not amend the vital 8 record and shall advise the applicant of the reason for this action and shall further advise 9 the applicant of the right of appeal to the Office of Administrative Hearings. 10 [(7)] (6) (i) Except as provided in subparagraph (ii) of this paragraph, 11 any amendments to death certificates requested beyond 3 years or more after the death 12 shall require a court order. 13 (ii) The Office of the Chief Medical Examiner may amend the cause 14 of death on a certificate of death at any time after registration without a court order. 15 (c) (1) [On] EXCEPT AS PROVIDED IN § 4–211(F) OF THIS SUBTITLE, ON 16 receipt of a court order that changes the name of an individual who was born in this State 17 and on request of the individual or a parent, guardian, or legal representative of the 18 individual, the Secretary shall amend the certificate of birth to reflect the new name. 19 (2) The Department may change the name on a birth certificate once 20 without a court order if, within 12 months after the birth, the Department receives from 21 both parents of a child: 22 (i) A written request for the change of name; and 23 (ii) An affidavit that has been sworn before a notary public of this 24 State and states that they are the parents of the child and are making this request of their 25 own free will. 26 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27 October 1, 2015. 28

LAWRENCE J. HOGAN, JR., Governor Ch. 485 – 1 – Chapter 485 (House Bill 862) AN ACT concerning Vital Records – New Certificates of Birth – Sex Change or Diagnosis of an Intersex Condition FOR the purpose of requiring the Secretary of Health and Mental Hygiene, under certain circumstances, to make a new certificate of birth for an individual whose sex has been changed or who has been diagnosed with an intersex condition; requiring that a certain sex designation and, under certain circumstances, a certain name be on the new certificate of birth; prohibiting a new certificate of birth from having certain markings or showing on its face certain changes; altering the circumstances under which a seal on an original certificate of birth and certain records may be broken; altering the circumstances under which a copy of an original certificate of birth may be issued to an individual for whom a new certificate of birth was made under a certain provision of this Act; repealing language rendered obsolete by this Act; making conforming, technical, and clarifying changes; defining a certain term; and generally relating to the issuance of new certificates of birth. BY repealing and reenacting, with amendments, Article – Health – General Section 4–201, 4–211, and 4–214 Annotated Code of Maryland (2009 Replacement Volume and 2014 Supplement) SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows: Article – Health – General 4–201. (a) In this subtitle the following words have the meanings indicated. (b) “Attending physician” means the physician in charge of the patient’s care for the illness or condition which resulted in death. (c) “County registrar” means the registrar of vital records for a county. (d) (1) “Dead body” means: (i) A dead human body; or Ch. 485 2015 LAWS OF MARYLAND – 2 – (ii) Parts or bones of a human body if, from their condition, an individual reasonably may conclude that death has occurred. (2) “Dead body” does not include an amputated part. (e) “Fetal death” means death of a product of human conception, before its complete expulsion or extraction from the mother, regardless of the duration of the pregnancy, as indicated by the fact that, after the expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscle. (f) “File” means to present for registration any certificate, report, or other record including records transmitted by approved electronic media, including facsimile, of birth, death, fetal death, adoption, marriage, or divorce for which this subtitle provides and to have the Secretary accept the record. (g) “Filing date” means the date a vital record is accepted for registration by the Secretary. (h) “Final disposition” means the burial, cremation, or other final disposition of a body or fetus. (i) “Institution” means any public or private establishment: (1) To which individuals are committed by law; or (2) That provides to 2 or more unrelated individuals: (i) Any inpatient or outpatient medical, surgical, or diagnostic care or treatment; or (ii) Any nursing, custodial, or domiciliary care. (J) “LICENSED HEALTH CARE PRACTITIONER” MEANS: (1) AN INDIVIDUAL WHO IS: (I) A PHYSICIAN LICENSED UNDER TITLE 14 OF THE HEALTH OCCUPATIONS ARTICLE; (II) A PSYCHOLOGIST LICENSED UNDER TITLE 18 OF THE HEALTH OCCUPATIONS ARTICLE; LAWRENCE J. HOGAN, JR., Governor Ch. 485 – 3 – (III) A REGISTERED NURSE LICENSED AND CERTIFIED TO PRACTICE AS A NURSE PRACTITIONER, NURSE PSYCHOTHERAPIST, OR CLINICAL NURSE SPECIALIST UNDER TITLE 8 OF THE HEALTH OCCUPATIONS ARTICLE; (IV) A LICENSED CERTIFIED SOCIAL WORKER–CLINICAL LICENSED UNDER TITLE 19 OF THE HEALTH OCCUPATIONS ARTICLE; OR (2) AN INDIVIDUAL WHO: (I) IS LICENSED TO PRACTICE A PROFESSION LISTED IN ITEM (1) OF THIS SUBSECTION IN ANOTHER STATE; AND (II) MEETS THE REQUIREMENTS UNDER THE HEALTH OCCUPATIONS ARTICLE TO QUALIFY FOR A LICENSE TO PRACTICE THE PROFESSION IN THIS STATE. [(j)] (K) “Live birth” means the complete expulsion or extraction of a product of human conception from the mother, regardless of the period of gestation, if, after the expulsion or extraction, it breathes or shows any other evidence of life, such as heart beat, pulsation of the umbilical cord, or definite movement of voluntary muscle, whether or not the umbilical cord is cut or the placenta is attached. [(k)] (L) “Mortician” means a funeral director, mortician, or other person who is authorized to make final disposition of a body. [(l)] (M) “Physician” means a person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this State. [(m)] (N) “Physician assistant” means an individual who is licensed under Title 15 of the Health Occupations Article to practice medicine with physician supervision. [(n)] (O) “Registration” means acceptance by the Secretary and incorporation in the records of the Department of any certificate, report, or other record of birth, death, fetal death, adoption, marriage, divorce, or dissolution or annulment of marriage for which this subtitle provides. [(o)] (P) “Vital record” means a certificate or report of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, adoption, or adjudication of paternity that is required by law to be filed with the Secretary. [(p)] (Q) “Vital statistics” means the data derived from certificates and reports of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, and reports related to any of these certificates and reports. 4–211. Ch. 485 2015 LAWS OF MARYLAND – 4 – (a) Except as provided in subsection [(c)] (D) of this section, the Secretary shall make a new certificate of birth for an individual if the Department receives satisfactory proof that: (1) The individual was born in this State; and (2) Regardless of the location, one of the following has occurred: (i) The previously unwed parents of the individual have married each other after the birth of the individual; (ii) A court of competent jurisdiction has entered an order as to the parentage, legitimation, or adoption of the individual; or (iii) If a father is not named on an earlier certificate of birth: 1. The father of the individual has acknowledged himself by affidavit to be the father; and 2. The mother of the individual has consented by affidavit to the acknowledgment. (B) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE DEPARTMENT RECEIVES SATISFACTORY PROOF THAT: (1) THE INDIVIDUAL WAS BORN IN THIS STATE; AND (2) REGARDLESS OF THE LOCATION, ONE OF THE FOLLOWING HAS OCCURRED: (I) 1. A LICENSED HEALTH CARE PROVIDER PRACTITIONER WHO HAS TREATED OR EVALUATED THE INDIVIDUAL HAS DETERMINED THAT THE INDIVIDUAL’S SEX DESIGNATION SHOULD BE CHANGED BECAUSE THE INDIVIDUAL HAS UNDERGONE TREATMENT APPROPRIATE FOR THE PURPOSE OF SEX TRANSITION OR HAS BEEN DIAGNOSED WITH AN INTERSEX CONDITION; 2. THE INDIVIDUAL, OR IF THE INDIVIDUAL IS A MINOR OR DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE, HAS MADE A WRITTEN REQUEST FOR A NEW CERTIFICATE OF BIRTH WITH A SEX DESIGNATION THAT DIFFERS FROM THE SEX DESIGNATED ON THE ORIGINAL CERTIFICATE OF BIRTH; AND LAWRENCE J. HOGAN, JR., Governor Ch. 485 – 5 – 3. THE LICENSED HEALTH CARE PRACTITIONER HAS SIGNED A STATEMENT, UNDER PENALTY OF PERJURY, THAT: A. THE INDIVIDUAL HAS UNDERGONE SURGICAL, HORMONAL, OR OTHER TREATMENT APPROPRIATE FOR THE INDIVIDUAL, BASED ON GENERALLY ACCEPTED MEDICAL STANDARDS; OR B. THE INDIVIDUAL HAS AN INTERSEX CONDITION AND, IN THE PROFESSIONAL OPINION OF THE LICENSED HEALTH CARE PRACTITIONER, BASED ON GENERALLY ACCEPTED MEDICAL STANDARDS, THE INDIVIDUAL’S SEX DESIGNATION SHOULD BE CHANGED ACCORDINGLY; (II) A COURT OF COMPETENT JURISDICTION HAS ISSUED AN ORDER INDICATING THAT THE SEX OF AN INDIVIDUAL BORN IN THIS STATE HAS BEEN CHANGED; OR (III) BEFORE OCTOBER 1, 2015, THE SECRETARY, AS PROVIDED UNDER REGULATIONS ADOPTED BY THE DEPARTMENT, AMENDED AN ORIGINAL CERTIFICATE OF BIRTH ON RECEIPT OF A CERTIFIED COPY OF AN ORDER OF A COURT OF COMPETENT JURISDICTION INDICATING THE SEX OF THE INDIVIDUAL HAD BEEN CHANGED. [(b)] (C) Except as provided in subsection [(c)] (D) of this section, the Secretary may make a new certificate of birth for an individual who was born outside the United States if one of the following occurred in this State: (1) The previously unwed parents of the individual have married each other after the birth of the individual; (2) A court of competent jurisdiction in this State has entered an order as to parentage or legitimation; or (3) The father of the individual acknowledged himself by affidavit to be the father and the mother of the individual has consented by affidavit to the acknowledgment. [(c)] (D) The Secretary may not make a new certificate of birth IN CONNECTION WITH AN ORDER OF A COURT OF COMPETENT JURISDICTION RELATING TO THE ADOPTION OF AN INDIVIDUAL, if one of the following so directs the Secretary: (1) The court that decrees the adoption. (2) The adoptive parents. (3) The adopted individual, if an adult. Ch. 485 2015 LAWS OF MARYLAND – 6 – [(d)] (E) A new certificate of birth shall be prepared on the following basis: (1) The individual shall be treated as having at birth the status that later is acquired or established and of which proof is submitted. (2) If the parents of the individual were not married and paternity is established by legal proceedings, the name of the father shall be inserted. The legal proceeding should request and report to the Secretary that the surname of the subject of the record be changed from that shown on the original certificate, if a change is desired. (3) If the individual is adopted, the name of the individual shall be that set by the decree of adoption, and the adoptive parents shall be recorded as the parents of the individual. (4) The new certificate of birth shall contain wording that requires each parent shown on the new certificate to indicate his or her own Social Security number. (F) (1) WHEN A NEW CERTIFICATE OF BIRTH IS MADE UNDER SUBSECTION (B) OF THIS SECTION: (I) THE SEX DESIGNATION OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH SHALL BE THE SEX DESIGNATION FOR WHICH SATISFACTORY PROOF HAS BEEN SUBMITTED IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION; AND (II) IF THE NAME OF THE INDIVIDUAL HAS BEEN CHANGED AT ANY TIME, THE NAME OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH APPROPRIATE DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT. (2) A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (B) OF THIS SECTION MAY NOT: (I) BE MARKED “AMENDED”; OR (II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MADE TO: 1. A SEX DESIGNATION; OR 2. IF APPLICABLE, A CHANGE OF NAME. [(e)] (G) (1) If a new certificate of birth is made, the Secretary shall: (i) Substitute the new certificate of birth for any certificate then on file; and LAWRENCE J. HOGAN, JR., Governor Ch. 485 – 7 – (ii) Place the original certificate of birth and all records that relate to the new certificate of birth under seal. (2) The seal may be broken only: (i) On order of a court of competent jurisdiction; (ii) If it does not violate the confidentiality of the record, on written order of a designee of the Secretary; [or] (iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article; OR (IV) UNLESS INCONSISTENT WITH TITLE 5, SUBTITLE 3A OR SUBTITLE 4B OF THE FAMILY LAW ARTICLE, ON REQUEST OF AN INDIVIDUAL FOR WHOM A NEW CERTIFICATE OF BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS SECTION. (3) A certified copy of the certificate of birth that later is issued shall be a copy of the new certificate of birth, unless: (i) A court of competent jurisdiction orders the issuance of a copy of the original certificate of birth; [or] (ii) TITLE 5, Subtitle 3A or Subtitle 4B of the Family Law Article provides for the issuance of a copy of the original certificate of birth; OR (III) 1. AN INDIVIDUAL FOR WHOM A NEW CERTIFICATE OF BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS SECTION REQUESTS A COPY OF THE ORIGINAL CERTIFICATE OF BIRTH; AND 2. TITLE 5, SUBTITLE 3A OR SUBTITLE 4B OF THE FAMILY LAW ARTICLE DOES NOT PROHIBIT ISSUANCE OF A COPY OF THE ORIGINAL CERTIFICATE OF BIRTH TO THE INDIVIDUAL. [(f)] (H) Each clerk of court shall send to the Secretary, on the form that the Secretary provides, a report of: (1) Each decree of adoption; (2) Each adjudication of paternity, including the father’s Social Security number; and Ch. 485 2015 LAWS OF MARYLAND – 8 – (3) Each revocation or amendment of any decree of adoption or adjudication of paternity that the court enters. [(g)] (I) Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files, and the adoption certificate and any accompanying documents are not subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation. [(h)] (J) If no certificate of birth is on file for the person for whom a new birth certificate is to be established under this section, and the date and place of birth have not been determined in the adoption or paternity proceedings: (1) A delayed certificate of birth shall be filed with the Secretary as provided in § 4–210 of this subtitle before a new certificate of birth is established; and (2) The new birth certificate shall be prepared on the delayed birth certificate form. [(i)] (K) (1) The Secretary shall, on request, prepare and register a certificate in this State for an individual born in a foreign country and who was adopted: (i) Through a court of competent jurisdiction in this State; or (ii) 1. Under the laws of a jurisdiction or country other than the United States and has been granted an IR–3 or IH–3 visa by the United States Immigration and Naturalization Service under the Immigration and Nationality Act; and 2. By an adopting parent who is a resident of this State. (2) Except as provided in paragraph (3) of this subsection, the certificate shall be established on receipt of: (i) A certificate of adoption from the court decreeing the adoption; (ii) Proof of the date and place of the child’s birth; and (iii) A request from the court, the adopting parents, or the adopted person if 18 years of age or over that the certificate be prepared. (3) If the child was adopted under the laws of a jurisdiction or country other than the United States and has been granted an IR–3 or IH–3 visa by the United States Immigration and Naturalization Service under the Immigration and Nationality Act, the certificate shall be established on receipt of: (i) An official copy of the decree from the jurisdiction or country in which the child was adopted; LAWRENCE J. HOGAN, JR., Governor Ch. 485 – 9 – (ii) A certified translation of the foreign adoption decree; (iii) Proof of the date and place of the child’s birth; (iv) Proof of IR–3 or IH–3 visa status; (v) A request from the court, the adopting parents, or the adopted person if 18 years of age or over that the certificate be prepared; and (vi) Proof that the adopting parent is a resident of this State. (4) The certificate shall be labeled “Certificate of Foreign Birth” and shall show the actual country of birth. (5) A statement shall also be included on the certificate indicating that it is not evidence of United States citizenship for the child for whom it is issued. 4–214. (a) A certificate or record registered under this subtitle may be amended only in accordance with this subtitle and any rules and regulations that the Secretary adopts to protect the integrity and accuracy of vital records. (b) (1) If any certificate of birth, death, or fetal death is amended, the facts shall be certified to the Secretary and entered on the original certificate with the date of the amendment, over the signature or initials of a designee of the Secretary and with a line drawn through the original data. (2) All amendments may be stored on electronic media approved by the Secretary. (3) All copies of certificates that are amended shall contain a notation that an amendment has been made. (4) A record shall be maintained which identifies the evidence upon which the amendment was based, the date of the amendment, and the identity of the person making the amendment. (5) [Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating the sex of an individual born in this State has been changed by surgical procedure and whether such individual’s name has been changed, the Secretary shall amend the certificate of birth of the individual as prescribed by regulation. (6)] When an informant does not submit the minimum documentation required in the regulations for amending a vital record or when the Secretary has cause to Ch. 485 2015 LAWS OF MARYLAND – 10 – question the validity or adequacy of the applicant’s sworn statements or the documentary evidence, and if the deficiencies are not corrected, the Secretary shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of appeal to the Office of Administrative Hearings. [(7)] (6) (i) Except as provided in subparagraph (ii) of this paragraph, any amendments to death certificates requested beyond 3 years or more after the death shall require a court order. (ii) The Office of the Chief Medical Examiner may amend the cause of death on a certificate of death at any time after registration without a court order. (c) (1) [On] EXCEPT AS PROVIDED IN § 4–211(F) OF THIS SUBTITLE, ON receipt of a court order that changes the name of an individual who was born in this State and on request of the individual or a parent, guardian, or legal representative of the individual, the Secretary shall amend the certificate of birth to reflect the new name. (2) The Department may change the name on a birth certificate once without a court order if, within 12 months after the birth, the Department receives from both parents of a child: (i) A written request for the change of name; and (ii) An affidavit that has been sworn before a notary public of this State and states that they are the parents of the child and are making this request of their own free will. SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2015. Enacted under Article II, § 17(c) of the Maryland Constitution, May 30, 2015.