Text of WI AB 311 (2026)
Changing an individual’s sex on a birth certificate.
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As introduced
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2025 - 2026 LEGISLATURE
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2025 ASSEMBLY BILL 311
June 6, 2025 - Introduced by Representatives BRILL, MAXEY, GOEBEN, WICHGERS,
PIWOWARCZYK, GUSTAFSON, STEFFEN, PENTERMAN, DUCHOW, NEDWESKI,
CALLAHAN, MURPHY, DITTRICH, ALLEN and BEHNKE, cosponsored by Senators
NASS, WANGGAARD and QUINN. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 69.15 (1) (a) and 69.15 (4) (b); to create 69.01 (1m), 69.115
and 69.12 (2m) of the statutes; relating to: changing an individual[s sex on a
birth certificate.
Analysis by the Legislative Reference Bureau
Current law allows for changes to an individual[s sex on a birth record due to
a surgical sex-change procedure or to correct an error on a birth record, subject to
certain requirements. Under this bill, an individual[s sex on a birth record may not
be changed due to a surgical sex-change procedure. Moreover, the bill prohibits any
person from changing an individual[s sex on a birth record to a sex other than the
individual[s biological sex. The bill also prohibits a court from ordering a change to
an individual[s sex on a birth record to a sex other than the individual[s biological
sex. Under the bill, Xbiological sexY means the biological state of being male or
female based on sex chromosomes.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 69.01 (1m) of the statutes is created to read:
69.01 (1m) XBiological sexY means the biological state of being female or male
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SECTION 1
based on sex chromosomes, without regard to psychological, chosen, or subjective
experience of gender.
SECTION 2. 69.115 of the statutes is created to read:
69.115 Biological sex on a birth record. No person may change the sex of
a registrant on a birth record to a sex other than the registrant[s biological sex.
SECTION 3. 69.12 (2m) of the statutes is created to read:
69.12 (2m) A court may not order amendment of the sex of a registrant on a
birth record to a sex other than the registrant[s biological sex.
SECTION 4. 69.15 (1) (a) of the statutes is amended to read:
69.15 (1) (a) The order provides for an adoption, or name change or name
change with sex change or establishes paternity; and
SECTION 5. 69.15 (4) (b) of the statutes is amended to read:
69.15 (4) (b) Any person with a direct and tangible interest in a birth record
registered in this state may petition a court to change the name and sex of the
registrant on the record due to a surgical sex-change procedure. If the state
registrar receives an order which provides for such a change the state registrar
shall change the name and sex on the original record, except that if the court orders
the state registrar to prepare a new record the state registrar shall prepare a new
record under sub. (6). This subsection does not apply to a name change prohibited
under s. 301.47.
SECTION 6. Initial applicability.
(1) The treatment of ss. 69.12 (2m) and 69.15 (1) (a) first applies to a court
order issued on the effective date of this subsection.
(2) The treatment of s. 69.15 (4) (b) first applies to a petition filed under s.
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69.15 (4) (b) on the effective date of this subsection or a court order issued on the
effective date of this subsection.
(END)
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