Text of UT SB 93 (2023)

S.B. 93 LEGISLATIVE GENERAL COUNSEL 6 Approved for Filing: C. Williams 6 6 01-11-23 2:01 PM 6 S.B. 93 1 VITAL RECORDS MODIFICATIONS 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Daniel McCay 5 House Sponsor: ____________ 6 7 LONG TITLE 8 General Description: 9 This bill enacts provisions regarding amending vital records. 10 Highlighted Provisions: 11 This bill: 12 < modifies the rulemaking authority of the Department of Health and Human Services 13 (department) regarding when an error or omission to a vital record may be 14 corrected; and 15 < allows the department to issue an amended birth certificate for an individual only if 16 the individual is older than 18 years old. 17 Money Appropriated in this Bill: 18 None 19 Other Special Clauses: 20 None 21 Utah Code Sections Affected: 22 AMENDS: 23 26-2-7, as last amended by Laws of Utah 2022, Chapter 231 24 26-2-11, as last amended by Laws of Utah 1995, Chapter 202 25 26 Be it enacted by the Legislature of the state of Utah: 27 Section 1. Section 26-2-7 is amended to read: *SB0093* S.B. 93 01-11-23 2:01 PM - 2 - 28 26-2-7. Correction of errors or omissions in vital records -- Conflicting birth and 29 foundling certificates -- Rulemaking. 30 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 31 department may make rules: 32 [(1)] (a) governing applications to correct alleged errors or omissions on any vital 33 record; 34 [(2)] (b) establishing procedures to resolve conflicting birth and foundling certificates; 35 and 36 [(3)] (c) allowing for the correction and reissuance of a vital record that was originally 37 created omitting a diacritical mark. 38 (2) The department may correct an error or omission under Subsection (1)(a) if the 39 correction is made no later than one year from the day the vital record is created. 40 Section 2. Section 26-2-11 is amended to read: 41 26-2-11. Name or sex change -- Registration of court order and amendment of 42 birth certificate. 43 (1) [When] Except as provided under Section 26-2-10 for a supplementary birth 44 certificate, when a person born in this state has a name change or sex change approved by an 45 order of a Utah district court or a court of competent jurisdiction of another state or a province 46 of Canada, a certified copy of the order may be filed with the state registrar with an application 47 form provided by the registrar. 48 (2) (a) [Upon] Subject to Subsection (3), upon receipt of the application, a certified 49 copy of the order, and payment of the required fee, the state registrar shall review the 50 application, and if complete, register it and note the fact of the amendment on the otherwise 51 unaltered original certificate. 52 (b) The amendment shall be registered with and become a part of the original 53 certificate and a certified copy shall be issued to the applicant without additional cost. 54 (3) The state registrar may process an application submitted under this section if the 55 application is for an individual who is older than 18 years old.

Enrolled Copy S.B. 93 1 BIRTH CERTIFICATE MODIFICATIONS 2 2023 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Daniel McCay 5 House Sponsor: Brady Brammer 6 7 LONG TITLE 8 General Description: 9 This bill enacts provisions regarding amending birth certificates. 10 Highlighted Provisions: 11 This bill: 12 < modifies the rulemaking authority of the Department of Health and Human Services 13 (department) regarding when an error or omission to a vital record may be 14 corrected; 15 < allows the department to amend a birth certificate without a court order under 16 certain circumstances; 17 < creates the procedure a court must follow to grant a petition to amend the sex 18 designation of a birth certificate; 19 < requires the court to appoint a guardian ad litem before granting a petition to amend 20 the sex designation of a birth certificate; 21 < requires the department to issue an amended birth certificate that does not identify 22 the fields that were amended; and 23 < requires the department to issue an amendment history with a birth certificate. 24 Money Appropriated in this Bill: 25 None 26 Other Special Clauses: 27 This bill provides a special effective date. 28 This bill provides a coordination clause. S.B. 93 Enrolled Copy - 2 - 29 Utah Code Sections Affected: 30 AMENDS: 31 26-2-2, as last amended by Laws of Utah 2022, Chapter 415 32 26-2-7, as last amended by Laws of Utah 2022, Chapter 231 33 REPEALS AND REENACTS: 34 26-2-11, as last amended by Laws of Utah 1995, Chapter 202 35 36 Be it enacted by the Legislature of the state of Utah: 37 Section 1. Section 26-2-2 is amended to read: 38 26-2-2. Definitions. 39 As used in this chapter: 40 (1) "Adoption document" means an adoption-related document filed with the office, a 41 petition for adoption, a decree of adoption, an original birth certificate, or evidence submitted 42 in support of a supplementary birth certificate. 43 (2) "Biological sex at birth" means an individual's sex, as being male or female, 44 according to distinct reproductive roles as manifested by sex and reproductive organ anatomy, 45 chromosomal makeup, and endogenous hormone profiles. 46 [(2)] (3) "Certified nurse midwife" means an individual who: 47 (a) is licensed to practice as a certified nurse midwife under Title 58, Chapter 44a, 48 Nurse Midwife Practice Act; and 49 (b) has completed an education program regarding the completion of a certificate of 50 death developed by the department by rule made in accordance with Title 63G, Chapter 3, Utah 51 Administrative Rulemaking Act. 52 [(3)] (4) "Custodial funeral service director" means a funeral service director who: 53 (a) is employed by a licensed funeral establishment; and 54 (b) has custody of a dead body. 55 [(4)] (5) "Dead body" or "decedent" means a human body or parts of the human body Enrolled Copy S.B. 93 - 3 - 56 from the condition of which it reasonably may be concluded that death occurred. 57 [(5)] (6) "Dead fetus" means a product of human conception, other than those 58 circumstances described in Subsection 76-7-301(1): 59 (a) of 20 weeks' gestation or more, calculated from the date the last normal menstrual 60 period began to the date of delivery; and 61 (b) that was not born alive. 62 [(6)] (7) "Declarant father" means a male who claims to be the genetic father of a child, 63 and, along with the biological mother, signs a voluntary declaration of paternity to establish the 64 child's paternity. 65 [(7)] (8) "Dispositioner" means: 66 (a) a person designated in a written instrument, under Subsection 58-9-602(1), as 67 having the right and duty to control the disposition of the decedent, if the person voluntarily 68 acts as the dispositioner; or 69 (b) the next of kin of the decedent, if: 70 (i) (A) a person has not been designated as described in Subsection [(7)] (8)(a); or 71 (B) the person described in Subsection [(7)] (8)(a) is unable or unwilling to exercise 72 the right and duty described in Subsection [(7)] (8)(a); and 73 (ii) the next of kin voluntarily acts as the dispositioner. 74 [(8)] (9) "Fetal remains" means: 75 (a) an aborted fetus as that term is defined in Section 26-21-33; or 76 (b) a miscarried fetus as that term is defined in Section 26-21-34. 77 [(9)] (10) "File" means the submission of a completed certificate or other similar 78 document, record, or report as provided under this chapter for registration by the state registrar 79 or a local registrar. 80 [(10)] (11) "Funeral service director" means the same as that term is defined in Section 81 58-9-102. 82 [(11)] (12) "Health care facility" means the same as that term is defined in Section S.B. 93 Enrolled Copy - 4 - 83 26-21-2. 84 [(12)] (13) "Health care professional" means a physician, physician assistant, nurse 85 practitioner, or certified nurse midwife. 86 (14) "Intersex individual" means an individual who: 87 (a) is born with external biological sex characteristics that are irresolvably ambiguous; 88 (b) is born with 46, XX chromosomes with virilization; 89 (c) is born with 46, XY chromosomes with undervirilization; 90 (d) has both ovarian and testicular tissue; or 91 (e) has been diagnosed by a physician, based on genetic or biochemical testing, with 92 abnormal: 93 (i) sex chromosome structure; 94 (ii) sex steroid hormone production; or 95 (iii) sex steroid hormone action for a male or female. 96 [(13)] (15) "Licensed funeral establishment" means: 97 (a) if located in Utah, a funeral service establishment, as that term is defined in Section 98 58-9-102, that is licensed under Title 58, Chapter 9, Funeral Services Licensing Act; or 99 (b) if located in a state, district, or territory of the United States other than Utah, a 100 funeral service establishment that complies with the licensing laws of the jurisdiction where the 101 establishment is located. 102 [(14)] (16) "Live birth" means the birth of a child who shows evidence of life after the 103 child is entirely outside of the mother. 104 [(15)] (17) "Local registrar" means a person appointed under Subsection 26-2-3(3)(b). 105 [(16)] (18) "Nurse practitioner" means an individual who: 106 (a) is licensed to practice as an advanced practice registered nurse under Title 58, 107 Chapter 31b, Nurse Practice Act; and 108 (b) has completed an education program regarding the completion of a certificate of 109 death developed by the department by administrative rule made in accordance with Title 63G, Enrolled Copy S.B. 93 - 5 - 110 Chapter 3, Utah Administrative Rulemaking Act. 111 [(17)] (19) "Office" means the Office of Vital Records and Statistics within the 112 Department of Health, operating under Title 26, Chapter 2, Utah Vital Statistics Act. 113 [(18)] (20) "Physician" means a person licensed to practice as a physician or osteopath 114 in this state under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, 115 Utah Osteopathic Medical Practice Act. 116 [(19)] (21) "Physician assistant" means an individual who: 117 (a) is licensed to practice as a physician assistant under Title 58, Chapter 70a, Utah 118 Physician Assistant Act; and 119 (b) has completed an education program regarding the completion of a certificate of 120 death developed by the department by administrative rule made in accordance with Title 63G, 121 Chapter 3, Utah Administrative Rulemaking Act. 122 [(20)] (22) "Presumed father" means the father of a child conceived or born during a 123 marriage as defined in Section 30-1-17.2. 124 [(21)] (23) "Registration" or "register" means acceptance by the local or state registrar 125 of a certificate and incorporation of the certificate into the permanent records of the state. 126 [(22)] (24) "State registrar" means the state registrar of vital records appointed under 127 Subsection 26-2-3(2)(e). 128 [(23)] (25) "Vital records" means: 129 (a) registered certificates or reports of birth, death, fetal death, marriage, divorce, 130 dissolution of marriage, or annulment; 131 (b) amendments to any of the registered certificates or reports described in Subsection 132 [(23)] (25)(a); 133 (c) an adoption document; and 134 (d) other similar documents. 135 [(24)] (26) "Vital statistics" means the data derived from registered certificates and 136 reports of birth, death, fetal death, induced termination of pregnancy, marriage, divorce, S.B. 93 Enrolled Copy - 6 - 137 dissolution of marriage, or annulment. 138 Section 2. Section 26-2-7 is amended to read: 139 26-2-7. Correction of errors or omissions in vital records -- Conflicting birth and 140 foundling certificates -- Administrative birth certificate amendment -- Rulemaking. 141 (1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 142 Act, the department may make rules: 143 [(1)] (a) governing applications to correct alleged errors or omissions on any vital 144 record; 145 [(2)] (b) establishing procedures to resolve conflicting birth and foundling certificates; 146 [and] 147 [(3)] (c) allowing for the correction and reissuance of a vital record that was originally 148 created omitting a diacritical mark[.]; and 149 (d) notwithstanding any other provision of law, allowing for the change of a child's 150 name on the child's birth certificate within one year from the day the child is born. 151 (2) For a birth certificate, the department may correct an error or omission under 152 Subsection (1)(a) if: 153 (a) the error or omission is a result of a scrivener's error or a data entry error; and 154 (b) the department receives: 155 (i) (A) an affidavit from the applicant attesting that there is an error on the birth 156 certificate; 157 (B) supporting documentation from the health care facility or attending health care 158 provider; and 159 (C) an affidavit from the health care facility or health care provider described in 160 Subsection (2)(b)(i)(B) attesting to the accuracy of the supporting documentation; or 161 (ii) documentation deemed sufficient by the state registrar to establish the facts of the 162 error or omission. 163 (3) The department may amend a birth certificate's sex designation for an intersex Enrolled Copy S.B. 93 - 7 - 164 individual at the request of the individual or the guardian of the individual if: 165 (a) the sex designation indicating the biological sex at birth of the individual was 166 misidentified on the original certificate due to the individual's condition; and 167 (b) the department receives: 168 (i) a correction affidavit attesting the individual is intersex; 169 (ii) chromosomal, molecular, karyotypic, DNA, or genetic testing results that confirm 170 the individual is intersex; and 171 (iii) an affidavit from the health care facility, health care professional, or laboratory 172 testing facility that conducted the test or analyzed the test results, attesting to the test results 173 and accuracy. 174 Section 3. Section 26-2-11 is repealed and reenacted to read: 175 26-2-11. Birth certificate name or sex designation change -- Registration of court 176 order and amendment of birth certificate. 177 (1) An individual may obtain a court order in accordance with Title 42, Names, to 178 change the name on the individual's birth certificate. 179 (2) (a) A court may grant a petition ordering a sex designation change on a birth 180 certificate if the court determines by clear and convincing evidence that the individual seeking 181 the sex designation change: 182 (i) is not involved in any kind of lawsuit; 183 (ii) is not on probation or parole; 184 (iii) is not seeking the amendment: 185 (A) to commit a crime; 186 (B) to interfere with the rights of others; 187 (C) to avoid creditors; 188 (D) to influence the sentence, fine, or conditions of imprisonment in a criminal case; 189 (E) to commit fraud on the public; or 190 (F) for any other fraudulent purpose; S.B. 93 Enrolled Copy - 8 - 191 (iv) has transitioned from the sex designation of the biological sex at birth to the sex 192 sought in the petition; 193 (v) has outwardly expressed as the sex sought in the petition in a consistent and 194 uniform manner for at least six months; and 195 (vi) suffers from clinically significant distress or impairment due to the current sex 196 designation on the birth certificate. 197 (b) The court shall consider the following when making the determination described in 198 Subsection (2)(a)(iv): 199 (i) evidence of medical history, care, or treatment related to sex transitioning; and 200 (ii) evidence that the sex sought in the petition is sincerely held and part of the 201 individual's core identity. 202 (3) (a) (i) When determining whether to grant a sex designation change for a child who 203 is at least 15 years and six months old, unless the child is emancipated, the court shall appoint, 204 notwithstanding Subsection 78A-2-703(1), a guardian ad litem for the child. 205 (ii) Notwithstanding Subsection 78A-2-703(7), the child's parent or guardian is 206 responsible for the costs of the guardian ad litem's services unless the court determines the 207 parent or guardian is indigent in accordance with Section 78A-2-302. 208 (b) The guardian ad litem shall provide the court relevant evidence, whether submitted 209 by the child or other sources of evidence, regarding the following: 210 (i) whether the child is capable of making decisions with long-term consequences 211 independently of the child's parent or guardian; 212 (ii) whether the child is mature and capable of appreciating the implications of the 213 decision to change the sex designation on the child's birth certificate; and 214 (iii) whether the child meets the other requirements of this section. 215 (c) The guardian of a child described in Subsection (3)(a) shall: 216 (i) give notice of the proceeding to any known parent of the child; and 217 (ii) provide the court with a declaration of the status of any divorce or custody matter Enrolled Copy S.B. 93 - 9 - 218 pertaining to the child, including the case name, case number, court, judge, and current status 219 of the case. 220 (d) The court shall: 221 (i) consider any objection given by a parent; 222 (ii) close the hearing on a petition for a sex designation change; 223 (iii) receive all evidence; and 224 (iv) make a determination as to whether: 225 (A) all of the requirements of Subsection (2) have been met; and 226 (B) the evidence supports a finding by clear and convincing evidence that the sex 227 designation change is in the best interest of the child and would not create a risk of harm to the 228 minor. 229 (4) (a) A court may not grant a petition for a sex designation change if: 230 (i) the birth certificate is for a child who is younger than 15 years and six months old; 231 or 232 (ii) the child's parent or guardian with legal custody has not given permission. 233 (b) An order granting a sex designation change under this section is not effective until 234 the individual is at least 16 years old. 235 (5) A petition for a sex designation under this section may be combined with a petition 236 under Title 42, Names. 237 (6) (a) Upon the receipt of a certified order granting a birth certificate amendment, any 238 required application, and an appropriate fee, the department shall issue: 239 (i) a birth certificate that does not indicate which fields were amended unless requested 240 by the individual; and 241 (ii) an amendment history of the birth certificate, including the fields of the birth 242 certificate that have been amended and the date of the amendment. 243 (b) The department shall retain a record of all amendments to a birth certificate, 244 including any amendment history issued by the department. S.B. 93 Enrolled Copy - 10 - 245 (7) The provisions of this section are severable. 246 (8) This section only applies to birth certificates issued by the state. 247 Section 4. Effective date. 248 If approved by two-thirds of all the members elected to each house, this bill takes effect 249 upon approval by the governor, or the day following the constitutional time limit of Utah 250 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, 251 the date of veto override. 252 Section 5. Coordinating S.B. 93 with H.B. 209 -- Substantive and technical 253 amendments. 254 If this S.B. 93 and H.B. 209, Participation in Extracurricular Activities Amendments, 255 both pass and become law, it is the intent of the Legislature that the Office of Legislative 256 Research and General Counsel shall prepare the Utah Code database for publication by 257 replacing each reference to "birth certificate" in Section 53G-7-1102 with "birth certificate and 258 birth certificate amendment history".