Under existing law, whenever a person born in this state has undergone surgical treatment for the purpose of altering his or her sexual characteristics to those of the opposite sex, a new birth certificate may be prepared reflecting the change of gender and any change of name. A petition for the issuance of a new birth certificate is permitted to be filed in the superior court of the county in which the petitioner resides. Existing law requires the petition to be accompanied by an affidavit of the physician documenting the sex change and allows for the filing of objections by any person who can, in those objections, show good cause against the change in birth certificate.
This bill would instead authorize a person who has
undergone clinically appropriate treatment for the purpose of gender transition to file a petition in any superior court to recognize the change in gender and, additionally, if applicable, a name change and request for a new birth certificate. The bill would make the physician’s affidavit conclusive proof of gender change if it contains specified language. The bill would delete the provisions of existing law that authorize the filing of objections, and would require the court to grant the petition if the affidavit shows that the petitioner has undergone clinically appropriate treatment for the purpose of
gender transition. The bill would also make related changes.