MODEL BILLS

Birth Certificate Reform Act

Summary: The Birth Certificate Reform Act enables transgender people to obtain an amended birth certificate.

[Bill drafting note: This model is based on Maryland law.

SECTION 1. SHORT TITLE

This Act shall be called the “Birth Certificate Reform Act.”

SECTION 2.  FINDINGS AND PURPOSE

(A)  FINDINGS—The legislature finds that:

1)      People who have undergone transitional surgeries often run into legal troubles when trying to get legal documents like marriage licenses or driver’s licenses.

2)      It is appropriate and fair for the state to recognize the correct gender of transgender people.

3)      In such circumstances, the applicant should be able to reflect on the official birth certificate both a change in both sexual designation and name.

(B)   PURPOSE—This law is enacted to promote equity, efficiency, and fundamental fairness in the operation of a basic state function.

SECTION 3. BIRTH CERTIFICATE REFORM

After section XXX, the following new section XXX shall be inserted:

The Department shall issue a new certificate of birth for an individual who was born in this state and applies for a change if the Department receives satisfactory proof that one of the following has occurred:

1)      A licensed health care 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; or

2)      A court of competent jurisdiction has issued an order indicating that the sex of an individual has been changed.

SECTION 4. EFFECTIVE DATE 

This Act shall take effect on July 1, 20XX.