Text of OK SB 1891 (2024)
Biological sex and gender; prohibiting state agency or court from changing or recognizing certain change without specified test. Effective date.
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As introduced
7,575 characters
Req. No. 2370
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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1891
By: Standridge
AS INTRODUCED
An Act relating to biological sex and gender;
amending 63 O.S. 2021, Section 1-321, as amended by
Section 4, Chapter 87, O.S.L. 2022 (63 O.S. Supp.
2023, Section 1-321), which relates to amendment of
certificate or record; imposing certain limitation on
amendment of certificates of birth; prohibiting state
agency or court from changing or recognizing certain
change without specified sex chromosome test;
providing exception; updating statutory language;
updating statutory reference; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-321, as
amended by Section 4, Chapter 87, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 1-321), is amended to read as follows:
Section 1-321. A. A certificate or record registered under
this article may be amended only in accordance with this article and
regulations thereunder adopted by the State Commissioner of Health
to protect the integrity and accuracy of vital statistics records.
B. A certificate that is amended under this section shall be
marked “amended”, except as provided in subsection D of this
section. The date of amendment and a summary description of the
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evidence submitted in support of the amendment shall be endorsed on
or made a part of the record. The Commissioner shall prescribe by
regulation the conditions under which additions or minor corrections
shall be made to birth certificates within one (1) year after the
date of birth without the certificate being considered as amended.
C. Upon receipt of a certified copy of a court order, from a
court of competent jurisdiction, changing the name of a person born
in this state and upon request of such person or his or her parent,
guardian or legal representative, the State Commissioner of Health
shall amend the certificate of birth to reflect the new name.
D. When a child is born out of wedlock, the Commissioner shall
amend a certificate of birth to show paternity, if paternity is not
currently shown on the birth certificate, in the following
situations:
1. Upon request and receipt of a sworn acknowledgment of
paternity of a child born out of wedlock signed by both parents;
2. Upon receipt of a certified copy of a court order
adjudicating paternity; or
3. Upon receipt of an electronic record from the Department of
Human Services indicating that an acknowledgement of paternity has
been signed by both parents or a court order adjudicating paternity.
E. For a child born out of wedlock, the Commissioner shall also
change the surname of the child on the certificate:
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1. To the specified surname upon receipt of acknowledgment of
paternity signed by both parents, upon receipt of a certified copy
of a court order directing such name be changed or upon receipt of
an electronic record from the Department of Human Services
indicating that an acknowledgement of paternity has been signed by
both parents or a court order directs such name change. Such
certificate amended pursuant to this subsection shall not be marked
“amended”; or
2. To the surname of the mother on the birth certificate in the
event the acknowledgment of paternity is rescinded.
F. The Commissioner shall have the power and duty to promulgate
rules for situations in which the State Registrar of Vital
Statistics receives false information regarding the identity of a
parent.
G. If within sixty (60) days of the initial issuance of a
certificate of death, a funeral director, or a person acting as
such, requests a correction to any portion of the death record
except the information relating to the medical certification
portion, due to a scrivener’s error, misspelling or other correction
of information, the State Commissioner of Health, through the State
Registrar of Vital Statistics, shall amend the record, provided the
request is made in writing or through an electronic system and is
accompanied by documentation disclosing the correct information or
by a sworn statement of the funeral director. The funeral director,
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or person acting as such, shall be responsible for any and all
amendment fees that may be imposed by the State Commissioner of
Health for the correction. Up to ten certified copies containing
the erroneous original information may be exchanged for certified
copies containing the corrected information at no additional cost.
H. 1. Beginning on the effective date of this act April 26,
2022, the biological sex designation on a certificate of birth
amended under this section shall be either male or female and shall
not be nonbinary or any symbol representing a nonbinary designation
including but not limited to the letter “X”.
2. A certificate of birth shall not be amended under this
section to change the biological sex designation except as provided
by Section 2 of this act.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1-335 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. Except as provided by subsection B of this section, no
agency or court of this state shall, through any rule, policy,
procedure, practice, order, decree, or any other means, change or
recognize the change of the biological sex or gender of any person
without an independently verified sex chromosome test whose results
match the gender or biological sex the person is seeking change to
or for which the person is seeking recognition.
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B. Subsection A of this section shall not apply to individuals
born with ambiguous genitalia, incomplete genitalia, or both male
and female anatomy, or biochemically verifiable disorder of sex
development (DSD), including but not limited to:
1. 46,XX DSD;
2. 46,XY DSD;
3. Sex chromosomes DSDs;
4. XX or XY sex reversal; and
5. Ovotesticular disorder.
SECTION 3. This act shall become effective November 1, 2024.
59-2-2370
DC
1/18/2024 1:50:28 PM