Code Section Group

Health and Safety Code - HSC

DIVISION 102. VITAL RECORDS AND HEALTH STATISTICS [102100 - 103925]

  ( Division 102 added by Stats. 1995, Ch. 415, Sec. 4. )

PART 1. VITAL RECORDS [102100 - 103800]

  ( Part 1 added by Stats. 1995, Ch. 415, Sec. 4. )

CHAPTER 11. Amendment of Records [103225 - 103449]

  ( Chapter 11 added by Stats. 1995, Ch. 415, Sec. 4. )

ARTICLE 8. Revision of Birth Records to Correct Gender Errors Made by Birthing Hospitals or Local Registrars [103446 - 103449]
  ( Article 8 added by Stats. 2000, Ch. 780, Sec. 2. )

103446.
  

It is the intent of the Legislature that this article provide a remedy for the correction of birth certificates that contain gender errors made by the birthing hospital or local registrar when completing the original birth certificate.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

103447.
  

(a)  Notwithstanding any other provision of this chapter, any person born in this state, or, in the case of a minor or incompetent person, his or her parent, legal guardian, or conservator, may apply to the State Registrar for the establishment and issuance of a new birth certificate and the sealing of the original, upon finding that the birthing hospital or local registrar made a gender error when completing the original birth certificate.

(b)  The application shall be accompanied by one of the following:

(1)  The sworn affidavit of the administrator of the hospital where the applicant was born or by a representative designated by the administrator, verifying that the incorrect gender information entered on the birth certificate was due to a hospital error.

(2)  The sworn affidavit of the representative of the local registrar, verifying that the incorrect gender information entered on the birth certificate was due to an administrative error of the local registrar.

(3)  The sworn affidavit of the physician attending the birth of the applicant and the sworn affidavit of the applicant’s mother or father or a relative who was at least five years old at the time of the applicant’s birth, verifying that, at the time of birth, the applicant’s gender was different from that indicated on the original birth certificate.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

103447.5.
  

Upon receipt of the application and sworn affidavit or affidavits, and upon payment of the fee required by Section 103700, the State Registrar shall establish a new birth certificate for the person.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

103448.
  

The new birth certificate established pursuant to this article shall in no way indicate that it is not the original birth certificate of the applicant. The new birth certificate shall supplant any birth certificate previously registered for the applicant, and shall be the only birth certificate open to public inspection.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

103448.5.
  

The State Registrar shall transmit a certified copy of a birth certificate established pursuant to this article to the applicant, without additional charge.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

103449.
  

(a)  When a new birth certificate is established pursuant to this article, the State Registrar shall so inform the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward those copies to the State Registrar for filing with the original certificate, if he or she determines that it is practical for him or her to do so.

(b)  If the local registrar or county recorder determines that it would be impractical to forward the copies of the original certificate to the State Registrar, he or she shall cover and seal the copies in a manner that does not deface or destroy them, and shall forward a verified statement of this action to the State Registrar.

(Added by Stats. 2000, Ch. 780, Sec. 2. Effective January 1, 2001.)

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