Today's Law As Amended

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AB-433 Birth certificates: issuance.(2011-2012)



SECTION 1.

 Section 103425 of the Health and Safety Code is amended to read:

103425.
 (a) A person  Whenever a person has undergone clinically appropriate treatment for the purpose of gender transition, the person  may file a petition with the superior court in any county seeking a judgment recognizing the change of gender to female, male, or nonbinary. gender. 
(b) If requested, the judgment shall include an order that a new birth certificate be prepared for the person reflecting the change of gender and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, or any territory of the United States.
(c) This section shall become operative on September 1, 2018.

SEC. 2.

 Section 103430 of the Health and Safety Code is amended to read:

103430.
 (a) A petition for a court order to recognize a change in the petitioner’s gender as female, male, or nonbinary shall be accompanied by an affidavit from the petitioner  The petition shall be accompanied by an affidavit of a physician attesting that the person has undergone clinically appropriate treatment for the purpose of gender transition, based on contemporary medical standards,  and a certified copy of the court order changing the petitioner’s applicant’s  name, if applicable. The petitioner’s physician’s  affidavit shall be accepted as conclusive proof of gender change if it contains substantially the following language: “I, (petitioner’s full name), hereby attest under penalty of perjury that the request for a change in gender to (female, male, or nonbinary) is to conform my legal gender to my gender identity and is not for any fraudulent purpose.” (physician’s full name), (physician’s medical license or certificate number), am a licensed physician in (jurisdiction). I attest that (name of petitioner) has undergone clinically appropriate treatment for the purpose of gender transition to (male or female). I declare that the foregoing is true and correct to the best of my knowledge.” 
(b) (1) Except as provided in subdivision (e), the court shall grant the petition without a hearing if no written objection is timely filed within 28 days of the filing of the petition.
(2) (A) If an objection showing good cause is timely filed, the court may set a hearing at a time designated by the court. Objections based solely on concerns over the petitioner’s actual gender identity or gender assigned at birth shall not constitute good cause.
(B) (b)  The petition shall be heard at the time appointed by the court.  At the hearing, the court may examine under on  oath the petitioner petitioner,  and any other person having knowledge of the  facts relevant to the petition. application.  At the conclusion of the hearing, hearing  the court shall grant the petition if the court determines that the petition is not made for any fraudulent purpose. physician’s affidavit shows that the person has undergone clinically appropriate treatment for the purpose of gender transition. 
(c) If the judgment includes an order for a new birth certificate and if the petitioner was born in this state, a certified copy of the decree of the court ordering the new birth certificate, shall, within 30 days from the date of the decree, be filed with the State Registrar. Upon receipt thereof together with the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner. applicant. 
(d) The new birth certificate shall reflect indicate  the gender sex  of the petitioner, registrant  as specified in the judgment of the court, court  and shall reflect any change of name, as  name  specified in the application if accompanied by a  court order, as prescribed by Section 103425. No reference shall be made in the new birth certificate, nor shall its form in any way indicate, that it is not the original birth certificate of the petitioner. registrant. 
(e) (1) If the person whose gender is to be changed is under 18 years of age, the petition shall be signed either (i) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (f); or (ii) if both parents are deceased and there is no guardian of the minor, by either a near relative or friend of the minor. The affidavit pursuant to subdivision (a) may be signed by the minor.
(A) A petition that does not include the signatures of both living parents shall be served on the parent who did not sign the petition with notice and an order to show cause pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure at least 30 days before the date for hearing set in the order to show cause. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the parent who did not sign the petition.
(B) The order to show cause shall direct the living parent who did not sign the petition to appear before the court at a time and place specified, which shall be not less than 6 weeks nor more than 12 weeks from the time of making the order to show cause, unless the court orders a different time, to show cause why the petition for a court order to recognize a change in the petitioner’s gender of a minor to female, male, or nonbinary should not be granted. The order to show cause shall direct the living parent who did not sign the petition to make known any objection to the granting of the petition by filing a written objection that includes the reasons for the objection with the court at least two court days before the matter is scheduled to be heard and by appearing in court at the hearing to show cause why the petition should not be granted. The order to show cause shall state that if the living parent who did not sign the petition does not timely file a written objection and appear in the court hearing, the court shall grant the petition without a hearing.
(2) The court shall grant the petition without a hearing, unless a living parent who was required to be served with notice and an order to show cause timely filed a written objection. Upon a timely objection, the court may hold a hearing on the matter and may deny the petition if it finds that the change of gender is not in the best interest of the minor. At the hearing, the court may examine under oath the minor and any other person having knowledge of the facts relevant to the petition.
(f) (1) All petitions to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, or by a court-appointed dependency attorney appointed as guardian ad litem pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code shall be made in the appointing court. All petitions to recognize a change of the gender of a nonminor dependent may be made in the juvenile court.
(2) For a petition filed under subdivision (1), if either or both parents are deceased or cannot be located, the guardian or guardian ad litem shall cause, not less than 30 days before the hearing, a notice of the time and place of the hearing or a copy of the order to show cause to be served on the child’s grandparents, if living and if known to petitioner, pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(g) (1) If the petition is signed by a guardian, the petition shall specify relevant information regarding the guardianship, the likelihood that the child will remain under the guardian’s care until the child reaches the age of majority, and information suggesting that the child will not likely be returned to the custody of the child’s parents.
(2) Before granting such a petition, the court shall first find that the ward is likely to remain in the guardian’s care until the age of majority and that the ward is not likely to be returned to the custody of the parents.

SEC. 3.

 Section 103435 of the Health and Safety Code is amended to read:

103435.
 In lieu of separate proceedings, a single petition may be filed with the superior court to change the petitioner’s name and recognize the change to petitioner’s gender and, if requested, to order the issuance of a new birth certificate. With respect to such a petition, the court shall follow the procedure set forth in Title 8 (commencing with Section 1275) of Part III of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender. A certified copy of the decree of the court issued pursuant to this section shall, within 30 days, be filed with both the Secretary of State and, if the judgment includes an order for a new birth certificate and if the petitioner was born in this state, the State Registrar. Upon its receipt, the State Registrar shall establish a new birth certificate as provided in this article.