Text of MD SB 626 (2026)
Sex Designation on Certificates of Birth, Licenses, and Identification Cards and Birth Information Histories (Birth Certificate Modernization Act)
Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.
Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)
As introduced
16,403 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0626*
SENATE BILL 626
J1, R4
6lr3585
SB 314/25 – FIN & JPR
By: Senator Lam
Introduced and read first time: February 5, 2026
Assigned to: Finance and Judicial Proceedings
A BILL ENTITLED
AN ACT concerning
1
Certificates of Birth, Licenses, and Identification Cards – 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; altering the options for indicating an individual’s sex
7
designation on a license, identification card, and moped operator’s permit issued by
8
the Motor Vehicle Administration; and generally relating to the issuance of
9
certificates of birth, licenses, and identification cards.
10
BY repealing and reenacting, with amendments,
11
Article – Health – General
12
Section 4–211
13
Annotated Code of Maryland
14
(2023 Replacement Volume and 2025 Supplement)
15
BY repealing and reenacting, with amendments,
16
Article – Transportation
17
Section 12–305(a) and (b)
18
Annotated Code of Maryland
19
(2020 Replacement Volume and 2025 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
4–211.
24
2
SENATE BILL 626
(a)
Except as provided in subsection [(d)] (E) of this section, the Secretary shall
1
make a new certificate of birth for an individual if the Department receives satisfactory
2
proof that:
3
(1)
The individual was born in this State; and
4
(2)
Regardless of the location, one of the following has occurred:
5
(i)
The previously unwed parents of the individual have married
6
each other after the birth of the individual;
7
(ii)
A court of competent jurisdiction has entered an order as to the
8
parentage, legitimation, or adoption of the individual; or
9
(iii)
If a parent who did not give birth to the individual is not named
10
on an earlier certificate of birth:
11
1.
The parent who did not give birth to the individual has
12
acknowledged [himself or herself] by affidavit to [be] BEING a parent of the individual; and
13
2.
The mother [of the individual] OR PARENT LISTED ON
14
THE
INDIVIDUAL’S
BIRTH
CERTIFICATE has consented by affidavit to the
15
acknowledgment.
16
(b)
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)
[1.
A licensed health care practitioner who has treated or
22
evaluated the individual has determined that the individual’s sex designation should be
23
changed because the individual has undergone treatment appropriate for the purpose of
24
sex transition or has been diagnosed with an intersex condition;
25
2.]
The individual, or if the individual is a minor or disabled
26
person under guardianship, the individual’s parent, guardian, or legal representative, has
27
made a written request, UNDER PENALTY OF PERJURY, for a new certificate of birth with
28
a sex designation that differs from the sex designated on the original certificate of birth;
29
[and
30
3.
The licensed health care practitioner has signed a
31
statement, under penalty of perjury, that:
32
SENATE BILL 626
3
A.
The individual has undergone surgical, hormonal, or other
1
treatment appropriate for the individual, based on generally accepted medical standards;
2
or
3
B.
The individual has an intersex condition and, in the
4
professional opinion of the licensed health care practitioner, based on generally accepted
5
medical standards, the individual’s sex designation should be changed accordingly;]
6
(ii)
A court of competent jurisdiction has issued an order indicating
7
that the sex of an individual born in this State has been changed; or
8
(iii)
Before October 1, 2015, the Secretary, as provided under
9
regulations adopted by the Department, amended an original certificate of birth on receipt
10
of a certified copy of an order of a court of competent jurisdiction indicating the sex of the
11
individual had been changed.
12
(c)
EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, THE
13
SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE
14
DEPARTMENT RECEIVES SATISFACTORY PROOF THAT:
15
(1)
THE INDIVIDUAL WAS BORN IN THIS STATE; AND
16
(2)
REGARDLESS OF THE LOCATION, A COURT OF COMPETENT
17
JURISDICTION HAS ISSUED AN ORDER INDICATING THAT THE NAME OF A PARENT
18
LISTED ON THE CERTIFICATE OF BIRTH HAS BEEN CHANGED.
19
(D)
Except as provided in subsection [(d)] (E) of this section, the Secretary may
20
make a new certificate of birth for an individual who was born outside the United States if
21
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] BEING a parent of the individual and the mother
28
OR PARENT LISTED ON THE BIRTH CERTIFICATE of the individual has consented by
29
affidavit to the acknowledgment.
30
[(d)] (E)
The Secretary may not make a new certificate of birth in connection
31
with an order of a court of competent jurisdiction relating to the adoption of an individual,
32
if one of the following so directs the Secretary:
33
(1)
The court that decrees the adoption;
34
4
SENATE BILL 626
(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] THE PARENT’S own Social
16
Security number.
17
[(f)] (G)
(1)
When a new certificate of birth is made under subsection (b) of
18
this section:
19
(i)
The sex designation of the individual on the new certificate of
20
birth shall be the sex designation for which satisfactory proof has been submitted in
21
accordance with subsection (b) of this section; and
22
(ii)
If the name of the individual has been changed at any time, the
23
name of the individual on the new certificate of birth shall be the name that was last
24
established and for which appropriate documentation has been submitted to the
25
Department.
26
(2)
A new certificate of birth made under subsection (b) of this section may
27
not:
28
(i)
Be marked “amended”; or
29
(ii)
Show on its face that a change has been made to:
30
1.
A sex designation; or
31
SENATE BILL 626
5
2.
If applicable, a change of name.
1
(3)
(I)
WHEN ISSUING A NEW CERTIFICATE OF BIRTH UNDER
2
SUBSECTION (B) OF THIS SECTION, THE SECRETARY SHALL ALLOW AN INDIVIDUAL
3
TO DESIGNATE THE SEX OF THE INDIVIDUAL AS:
4
1.
FEMALE;
5
2.
MALE; OR
6
3.
UNSPECIFIED OR ANOTHER.
7
(II)
IF AN INDIVIDUAL INDICATES A SEX DESIGNATION OF
8
UNSPECIFIED OR ANOTHER ON AN APPLICATION FOR A NEW CERTIFICATE OF BIRTH,
9
THE SECRETARY SHALL ENSURE THAT THE NEW CERTIFICATE OF BIRTH DISPLAYS
10
AN “X” IN THE LOCATION THAT INDICATES THE INDIVIDUAL’S SEX.
11
(H)
(1)
WHEN
A
NEW
CERTIFICATE
OF
BIRTH
IS
MADE
UNDER
12
SUBSECTION (C) OF THIS SECTION, IF THE NAME OF THE PARENT HAS BEEN
13
CHANGED AT ANY TIME:
14
(I)
THE NAME OF THE PARENT ON THE NEW CERTIFICATE OF
15
BIRTH SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH
16
APPROPRIATE DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT; AND
17
(II)
EXCEPT ON REQUEST OF THE INDIVIDUAL, OR, IF THE
18
INDIVIDUAL IS A MINOR OR DISABLED PERSON UNDER GUARDIANSHIP, THE
19
INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTATIVE, THE NEW
20
CERTIFICATE OF BIRTH MAY NOT INCLUDE ANY PRIOR LEGAL NAME OF THE PARENT.
21
(2)
A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (C) OF
22
THIS SECTION MAY NOT:
23
(I)
BE MARKED “AMENDED”; OR
24
(II)
SHOW ON ITS FACE THAT A CHANGE HAS BEEN MADE TO:
25
1.
A SEX DESIGNATION; OR
26
2.
IF APPLICABLE, A NAME.
27
[(g)] (I)
(1)
If a new certificate of birth is made, the Secretary shall:
28
6
SENATE BILL 626
(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
provided in § 4–210 of this subtitle before a new certificate of birth is established; and
32
SENATE BILL 626
7
(2)
The new birth certificate shall be prepared on the delayed birth
1
certificate form.
2
[(k)] (M)
(1)
The Secretary shall, on request, prepare and register a certificate
3
in this State for an individual born in a foreign country and who was adopted:
4
(i)
Through a court of competent jurisdiction in this State; or
5
(ii)
1.
Under the laws of a jurisdiction or country other than the
6
United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship and
7
Immigration Services under the Immigration and Nationality Act; and
8
2.
By an adopting parent who is a resident of this State.
9
(2)
Except as provided in paragraph (3) of this subsection, the certificate
10
shall be established on receipt of:
11
(i)
A certificate of adoption from the court decreeing the adoption;
12
(ii)
Proof of the date and place of the child’s birth; and
13
(iii)
A request from the court, the adopting parents, or the adopted
14
person if 18 years of age or over that the certificate be prepared.
15
(3)
If the child was adopted under the laws of a jurisdiction or country other
16
than the United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship
17
and Immigration Services under the Immigration and Nationality Act, the certificate shall
18
be established on receipt of:
19
(i)
An official copy of the decree from the jurisdiction or country in
20
which the child was adopted;
21
(ii)
A certified translation of the foreign adoption decree;
22
(iii)
Proof of the date and place of the child’s birth;
23
(iv)
Proof of IR–3 or IH–3 visa status;
24
(v)
A request from the court, the adopting parents, or the adopted
25
person if 18 years of age or over that the certificate be prepared; and
26
(vi)
Proof that the adopting parent is a resident of this State.
27
(4)
The certificate shall be labeled “Certificate of Foreign Birth” and shall
28
show the actual country of birth.
29
8
SENATE BILL 626
(5)
A statement shall also be included on the certificate indicating that it
1
is not evidence of United States citizenship for the child for whom it is issued.
2
Article – Transportation
3
12–305.
4
(a)
An application for a license, an identification card, or a moped operator’s
5
permit shall allow an applicant to indicate that the sex the applicant identifies as is:
6
(1)
Female;
7
(2)
Male; or
8
(3)
Unspecified or [other] ANOTHER.
9
(b)
The Administration shall ensure that the license, identification card, or moped
10
operator’s permit of an applicant who has indicated an unspecified or [other] ANOTHER
11
sex on an application displays an “X” in the location on the license, identification card, or
12
moped operator’s permit that indicates the applicant’s sex.
13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
14
October 1, 2026.
15