Text of MD SB 743 (2015)
Vital Records - New Certificates of Birth - Sex Change or Diagnosis of an Intersex Condition
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As introduced
22,368 characters
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0743*
SENATE BILL 743
J1
5lr2845
CF HB 862
By: Senators Lee, Guzzone, Kagan, King, Madaleno, Manno, Montgomery,
Nathan–Pulliam, Pugh, and Raskin
Introduced and read first time: February 13, 2015
Assigned to: Rules
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
(a)
In this subtitle the following words have the meanings indicated.
25
2
SENATE BILL 743
(b)
“Attending physician” means the physician in charge of the patient’s care for
1
the illness or condition which resulted in death.
2
(c)
“County registrar” means the registrar of vital records for a county.
3
(d)
(1)
“Dead body” means:
4
(i)
A dead human body; or
5
(ii)
Parts or bones of a human body if, from their condition, an
6
individual reasonably may conclude that death has occurred.
7
(2)
“Dead body” does not include an amputated part.
8
(e)
“Fetal death” means death of a product of human conception, before its
9
complete expulsion or extraction from the mother, regardless of the duration of the
10
pregnancy, as indicated by the fact that, after the expulsion or extraction, the fetus does
11
not breathe or show any other evidence of life, such as heart beat, pulsation of the umbilical
12
cord, or definite movement of voluntary muscle.
13
(f)
“File” means to present for registration any certificate, report, or other record
14
including records transmitted by approved electronic media, including facsimile, of birth,
15
death, fetal death, adoption, marriage, or divorce for which this subtitle provides and to
16
have the Secretary accept the record.
17
(g)
“Filing date” means the date a vital record is accepted for registration by the
18
Secretary.
19
(h)
“Final disposition” means the burial, cremation, or other final disposition of a
20
body or fetus.
21
(i)
“Institution” means any public or private establishment:
22
(1)
To which individuals are committed by law; or
23
(2)
That provides to 2 or more unrelated individuals:
24
(i)
Any inpatient or outpatient medical, surgical, or diagnostic care
25
or treatment; or
26
(ii)
Any nursing, custodial, or domiciliary care.
27
(J)
“LICENSED HEALTH CARE PRACTITIONER” MEANS:
28
(1)
AN INDIVIDUAL WHO IS:
29
SENATE BILL 743
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
[(o)] (P)
“Vital record” means a certificate or report of birth, death, fetal death,
31
marriage, divorce, dissolution or annulment of marriage, adoption, or adjudication of
32
paternity that is required by law to be filed with the Secretary.
33
4
SENATE BILL 743
[(p)] (Q)
“Vital statistics” means the data derived from certificates and reports
1
of birth, death, fetal death, marriage, divorce, dissolution or annulment of marriage, and
2
reports related to any of these certificates and reports.
3
4–211.
4
(a)
Except as provided in subsection [(c)] (D) of this section, the Secretary shall
5
make a new certificate of birth for an individual if the Department receives satisfactory
6
proof that:
7
(1)
The individual was born in this State; and
8
(2)
Regardless of the location, one of the following has occurred:
9
(i)
The previously unwed parents of the individual have married
10
each other after the birth of the individual;
11
(ii)
A court of competent jurisdiction has entered an order as to the
12
parentage, legitimation, or adoption of the individual; or
13
(iii)
If a father is not named on an earlier certificate of birth:
14
1.
The father of the individual has acknowledged himself by
15
affidavit to be the father; and
16
2.
The mother of the individual has consented by affidavit to
17
the acknowledgment.
18
(B)
EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, THE
19
SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVIDUAL IF THE
20
DEPARTMENT RECEIVES SATISFACTORY PROOF THAT:
21
(1)
THE INDIVIDUAL WAS BORN IN THIS STATE; AND
22
(2)
REGARDLESS OF THE LOCATION, ONE OF THE FOLLOWING HAS
23
OCCURRED:
24
(I)
1.
A LICENSED HEALTH CARE PROVIDER WHO HAS
25
TREATED
OR
EVALUATED
THE
INDIVIDUAL
HAS
DETERMINED
THAT
THE
26
INDIVIDUAL’S SEX DESIGNATION SHOULD BE CHANGED BECAUSE THE INDIVIDUAL
27
HAS
UNDERGONE
TREATMENT
APPROPRIATE
FOR
THE
PURPOSE
OF
SEX
28
TRANSITION OR HAS BEEN DIAGNOSED WITH AN INTERSEX CONDITION;
29
SENATE BILL 743
5
2.
THE INDIVIDUAL, OR IF THE INDIVIDUAL IS A MINOR
1
OR DISABLED PERSON UNDER GUARDIANSHIP, THE INDIVIDUAL’S PARENT,
2
GUARDIAN, OR LEGAL REPRESENTATIVE, HAS MADE A WRITTEN REQUEST FOR A
3
NEW CERTIFICATE OF BIRTH WITH A SEX DESIGNATION THAT DIFFERS FROM THE
4
SEX DESIGNATED ON THE ORIGINAL CERTIFICATE OF BIRTH; AND
5
3.
THE LICENSED HEALTH CARE PRACTITIONER HAS
6
SIGNED A STATEMENT, UNDER PENALTY OF PERJURY, THAT:
7
A.
THE
INDIVIDUAL
HAS
UNDERGONE
SURGICAL,
8
HORMONAL, OR OTHER TREATMENT APPROPRIATE FOR THE INDIVIDUAL, BASED ON
9
GENERALLY ACCEPTED MEDICAL STANDARDS; OR
10
B.
THE INDIVIDUAL HAS AN INTERSEX CONDITION AND,
11
IN THE PROFESSIONAL OPINION OF THE LICENSED HEALTH CARE PRACTITIONER,
12
BASED ON GENERALLY ACCEPTED MEDICAL STANDARDS, THE INDIVIDUAL’S SEX
13
DESIGNATION SHOULD BE CHANGED ACCORDINGLY;
14
(II)
A COURT OF COMPETENT JURISDICTION HAS ISSUED AN
15
ORDER INDICATING THAT THE SEX OF AN INDIVIDUAL BORN IN THIS STATE HAS
16
BEEN CHANGED; OR
17
(III) BEFORE OCTOBER 1, 2015, THE SECRETARY, AS PROVIDED
18
UNDER REGULATIONS ADOPTED BY THE DEPARTMENT, AMENDED AN ORIGINAL
19
CERTIFICATE OF BIRTH ON RECEIPT OF A CERTIFIED COPY OF AN ORDER OF A
20
COURT OF COMPETENT JURISDICTION INDICATING THE SEX OF THE INDIVIDUAL
21
HAD BEEN CHANGED.
22
[(b)] (C)
Except as provided in subsection [(c)] (D) of this section, the Secretary
23
may make a new certificate of birth for an individual who was born outside the United
24
States if one of the following occurred in this State:
25
(1)
The previously unwed parents of the individual have married each
26
other after the birth of the individual;
27
(2)
A court of competent jurisdiction in this State has entered an order as
28
to parentage or legitimation; or
29
(3)
The father of the individual acknowledged himself by affidavit to be the
30
father and the mother of the individual has consented by affidavit to the acknowledgment.
31
[(c)] (D)
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
33
ADOPTION OF AN INDIVIDUAL, if one of the following so directs the Secretary:
34
6
SENATE BILL 743
(1)
The court that decrees the adoption.
1
(2)
The adoptive parents.
2
(3)
The adopted individual, if an adult.
3
[(d)] (E)
A new certificate of birth shall be prepared on the following basis:
4
(1)
The individual shall be treated as having at birth the status that later
5
is acquired or established and of which proof is submitted.
6
(2)
If the parents of the individual were not married and paternity is
7
established by legal proceedings, the name of the father shall be inserted. The legal
8
proceeding should request and report to the Secretary that the surname of the subject of
9
the record be changed from that shown on the original certificate, if a change is desired.
10
(3)
If the individual is adopted, the name of the individual shall be that set
11
by the decree of adoption, and the adoptive parents shall be recorded as the parents of the
12
individual.
13
(4)
The new certificate of birth shall contain wording that requires each
14
parent shown on the new certificate to indicate his or her own Social Security number.
15
(F)
(1)
WHEN
A
NEW
CERTIFICATE
OF
BIRTH
IS
MADE
UNDER
16
SUBSECTION (B) OF THIS SECTION:
17
(I)
THE SEX DESIGNATION OF THE INDIVIDUAL ON THE NEW
18
CERTIFICATE
OF
BIRTH
SHALL
BE
THE
SEX
DESIGNATION
FOR
WHICH
19
SATISFACTORY PROOF HAS BEEN SUBMITTED IN ACCORDANCE WITH SUBSECTION
20
(B) OF THIS SECTION; AND
21
(II)
IF THE NAME OF THE INDIVIDUAL HAS BEEN CHANGED AT
22
ANY TIME, THE NAME OF THE INDIVIDUAL ON THE NEW CERTIFICATE OF BIRTH
23
SHALL BE THE NAME THAT WAS LAST ESTABLISHED AND FOR WHICH APPROPRIATE
24
DOCUMENTATION HAS BEEN SUBMITTED TO THE DEPARTMENT.
25
(2)
A NEW CERTIFICATE OF BIRTH MADE UNDER SUBSECTION (B) 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
SENATE BILL 743
7
2.
IF APPLICABLE, A CHANGE OF NAME.
1
[(e)] (G)
(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; OR
12
(IV) UNLESS INCONSISTENT WITH TITLE 5, SUBTITLE 3A OR
13
SUBTITLE 4B OF THE FAMILY LAW ARTICLE, ON REQUEST OF AN INDIVIDUAL FOR
14
WHOM A NEW CERTIFICATE OF BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS
15
SECTION.
16
(3)
A certified copy of the certificate of birth that later is issued shall be a
17
copy of the new certificate of birth, unless:
18
(i)
A court of competent jurisdiction orders the issuance of a copy of
19
the original certificate of birth; [or]
20
(ii)
TITLE 5, Subtitle 3A or Subtitle 4B of the Family Law Article
21
provides for the issuance of a copy of the original certificate of birth; OR
22
(III) 1.
AN INDIVIDUAL FOR WHOM A NEW CERTIFICATE OF
23
BIRTH WAS MADE UNDER SUBSECTION (B) OF THIS SECTION REQUESTS A COPY OF
24
THE ORIGINAL CERTIFICATE OF BIRTH; AND
25
2.
TITLE 5, SUBTITLE 3A OR SUBTITLE 4B OF THE
26
FAMILY LAW ARTICLE DOES NOT PROHIBIT ISSUANCE OF A COPY OF THE ORIGINAL
27
CERTIFICATE OF BIRTH TO THE INDIVIDUAL.
28
[(f)] (H)
Each clerk of court shall send to the Secretary, on the form that the
29
Secretary provides, a report of:
30
8
SENATE BILL 743
(1)
Each decree of adoption;
1
(2)
Each adjudication of paternity, including the father’s Social Security
2
number; and
3
(3)
Each revocation or amendment of any decree of adoption or
4
adjudication of paternity that the court enters.
5
[(g)] (I)
Upon receipt of a report or decree of annulment of adoption, the original
6
certificate of birth shall be restored to its place in the files, and the adoption certificate and
7
any accompanying documents are not subject to inspection except upon order of a court of
8
competent jurisdiction or as provided by regulation.
9
[(h)] (J)
If no certificate of birth is on file for the person for whom a new birth
10
certificate is to be established under this section, and the date and place of birth have not
11
been determined in the adoption or paternity proceedings:
12
(1)
A delayed certificate of birth shall be filed with the Secretary as
13
provided in § 4–210 of this subtitle before a new certificate of birth is established; and
14
(2)
The new birth certificate shall be prepared on the delayed birth
15
certificate form.
16
[(i)] (K)
(1)
The Secretary shall, on request, prepare and register a certificate
17
in this State for an individual born in a foreign country and who was adopted:
18
(i)
Through a court of competent jurisdiction in this State; or
19
(ii)
1.
Under the laws of a jurisdiction or country other than the
20
United States and has been granted an IR–3 or IH–3 visa by the United States Immigration
21
and Naturalization Service under the Immigration and Nationality Act; and
22
2.
By an adopting parent who is a resident of this State.
23
(2)
Except as provided in paragraph (3) of this subsection, the certificate
24
shall be established on receipt of:
25
(i)
A certificate of adoption from the court decreeing the adoption;
26
(ii)
Proof of the date and place of the child’s birth; and
27
(iii)
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.
29
(3)
If the child was adopted under the laws of a jurisdiction or country other
30
than the United States and has been granted an IR–3 or IH–3 visa by the United States
31
SENATE BILL 743
9
Immigration and Naturalization Service under the Immigration and Nationality Act, the
1
certificate shall be established on receipt of:
2
(i)
An official copy of the decree from the jurisdiction or country in
3
which the child was adopted;
4
(ii)
A certified translation of the foreign adoption decree;
5
(iii)
Proof of the date and place of the child’s birth;
6
(iv)
Proof of IR–3 or IH–3 visa status;
7
(v)
A request from the court, the adopting parents, or the adopted
8
person if 18 years of age or over that the certificate be prepared; and
9
(vi)
Proof that the adopting parent is a resident of this State.
10
(4)
The certificate shall be labeled “Certificate of Foreign Birth” and shall
11
show the actual country of birth.
12
(5)
A statement shall also be included on the certificate indicating that it
13
is not evidence of United States citizenship for the child for whom it is issued.
14
4–214.
15
(a)
A certificate or record registered under this subtitle may be amended only in
16
accordance with this subtitle and any rules and regulations that the Secretary adopts to
17
protect the integrity and accuracy of vital records.
18
(b)
(1)
If any certificate of birth, death, or fetal death is amended, the facts
19
shall be certified to the Secretary and entered on the original certificate with the date of
20
the amendment, over the signature or initials of a designee of the Secretary and with a line
21
drawn through the original data.
22
(2)
All amendments may be stored on electronic media approved by the
23
Secretary.
24
(3)
All copies of certificates that are amended shall contain a notation that
25
an amendment has been made.
26
(4)
A record shall be maintained which identifies the evidence upon which
27
the amendment was based, the date of the amendment, and the identity of the person
28
making the amendment.
29
(5)
[Upon receipt of a certified copy of an order of a court of competent
30
jurisdiction indicating the sex of an individual born in this State has been changed by
31
10
SENATE BILL 743
surgical procedure and whether such individual’s name has been changed, the Secretary
1
shall amend the certificate of birth of the individual as prescribed by regulation.
2
(6)]
When an informant does not submit the minimum documentation
3
required in the regulations for amending a vital record or when the Secretary has cause to
4
question the validity or adequacy of the applicant’s sworn statements or the documentary
5
evidence, and if the deficiencies are not corrected, the Secretary shall not amend the vital
6
record and shall advise the applicant of the reason for this action and shall further advise
7
the applicant of the right of appeal to the Office of Administrative Hearings.
8
[(7)] (6)
(i)
Except as provided in subparagraph (ii) of this paragraph,
9
any amendments to death certificates requested beyond 3 years or more after the death
10
shall require a court order.
11
(ii)
The Office of the Chief Medical Examiner may amend the cause
12
of death on a certificate of death at any time after registration without a court order.
13
(c)
(1)
[On] EXCEPT AS PROVIDED IN § 4–211(F) OF THIS SUBTITLE, ON
14
receipt of a court order that changes the name of an individual who was born in this State
15
and on request of the individual or a parent, guardian, or legal representative of the
16
individual, the Secretary shall amend the certificate of birth to reflect the new name.
17
(2)
The Department may change the name on a birth certificate once
18
without a court order if, within 12 months after the birth, the Department receives from
19
both parents of a child:
20
(i)
A written request for the change of name; and
21
(ii)
An affidavit that has been sworn before a notary public of this
22
State and states that they are the parents of the child and are making this request of their
23
own free will.
24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
25
October 1, 2015.
26
As enrolled or final
20,958 characters
LAWRENCE J. HOGAN, JR., Governor
Ch. 484
– 1 –
Chapter 484
(Senate Bill 743)
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. 484
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. 484
– 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; OR
(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.
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2015 LAWS OF MARYLAND
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(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
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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.
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[(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
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(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
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(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. 484
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(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. 484
2015 LAWS OF MARYLAND
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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.