Today's Law As Amended


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AB-218 Change of gender and sex identifier.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1276 of the Code of Civil Procedure is amended to read:

1276.
 (a) (1)  All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified in subdivision (e) or (g), either (A) (1)  by petition signed by the person or, if the person is under 18 years of age, by one of the person’s parents, by any guardian of the person, person  or as specified in subdivision (e), or, if both parents are deceased and there is no guardian of the person, then by some near relative or friend of the person, or (B) (2)  as provided in Section 7638 of the Family Code.
(2)  The petition or pleading shall specify the place of birth and residence of the person, the person’s present name, the name proposed, and the reason for the change of name.
(b) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition shall, if neither parent of the person has signed the petition, name, as far as known to the person proposing the name change, the parents of the person and their place of residence, if living, or, if neither parent is living, near relatives of the person, and their place of residence.
(c) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is under 18 years of age and the petition is signed by only one parent, the petition shall specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition shall specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed.
(d) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, has been relinquished to an adoption agency by the person’s parent or parents, and has not been legally adopted, the petition shall be signed by the person and the adoption agency to which the person was relinquished. The near relatives of the person and their place of residence shall not be included in the petition unless they are known to the person whose name is proposed to be changed.
(e) All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court, or  by a court-appointed dependency attorney appointed as guardian ad litem shall be made  pursuant to rules adopted under Section 326.5 of the Welfare and Institutions Code, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor.  Code.  All petitions for the change of name of a nonminor dependent may be made in the juvenile court.
(f) 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.
(g) (1) On or after January 1, 2023, an application for a change of name may be made to a superior court for a person whose name is proposed to be changed, even if the person does not reside within the State of California, if the person is seeking to change their name on at least one of the following documents:
(A) A birth certificate that was issued within this state to the person whose name is proposed to be changed.
(B) A birth certificate that was issued within this state to the legal child of the person whose name is proposed to be changed.
(C) A marriage license and certificate or a confidential marriage license and certificate that was issued within this state to the person whose name is proposed to be changed.
(2) For the purposes of this subdivision, the superior court in the county where the birth under subparagraph (A) or (B) of paragraph (1) occurred or marriage under subparagraph (C) of paragraph (1) was entered shall be a proper venue for the proceeding. The name change shall be adjudicated in accordance with California law.

SEC. 1.5.

 Section 1276 of the Code of Civil Procedure is amended to read:

1276.
 (a) (1) All applications for change of names shall be made to the superior court of the county where the person whose name is proposed to be changed resides, except as specified in subdivision (e) or (g), either (A) by petition signed by the person or, if the person is under 18 years of age, by one of the person’s parents, by any guardian of the person, or as specified in subdivision (e), or, if both parents are deceased and there is no guardian of the person, then by some near relative or friend of the person, or (B) as provided in Section 7638 of the Family Code.
(2) The petition or pleading shall specify the place of birth and residence of the person, the person’s present name, the name proposed, and the reason for the change of name.
(b) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is to be changed is under 18 years of age, the petition shall, if neither parent of the person has signed the petition, name, as far as known to the person proposing the name change, the parents of the person and their place of residence, if living, or, if neither parent is living, near relatives of the person, and their place of residence.
(c) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is under 18 years of age and the petition is signed by only one parent, the petition shall specify the address, if known, of the other parent if living. If the petition is signed by a guardian, the petition shall specify the name and address, if known, of the parent or parents, if living, or the grandparents, if the addresses of both parents are unknown or if both parents are deceased, of the person whose name is proposed to be changed.
(d) In a proceeding for a change of name commenced by the filing of a petition, if the person whose name is proposed to be changed is 12 years of age or older, has been relinquished to an adoption agency by the person’s parent or parents, and has not been legally adopted, the petition shall be signed by the person and the adoption agency to which the person was relinquished. The near relatives of the person and their place of residence shall not be included in the petition unless they are known to the person whose name is proposed to be changed.
(e) All petitions for the change of the name of a minor submitted by a guardian appointed by the juvenile court or the probate court, 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, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. All petitions for the change of name of a nonminor dependent may be made in the juvenile court.
(f) 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.
(g) (1) On or after January 1, 2023, an application for a change of name may be made to a superior court for a person whose name is proposed to be changed, even if the person does not reside within the State of California, if the person is seeking to change their name on at least one of the following documents:
(A) A birth certificate that was issued within this state to the person whose name is proposed to be changed.
(B) A birth certificate that was issued within this state to the legal child of the person whose name is proposed to be changed.
(C) A marriage license and certificate or a confidential marriage license and certificate that was issued within this state to the person whose name is proposed to be changed.
(2) For the purposes of this subdivision, the superior court in the county where the birth under subparagraph (A) or (B) of paragraph (1) occurred or marriage under subparagraph (C) of paragraph (1) was entered shall be a proper venue for the proceeding. The name change shall be adjudicated in accordance with California law.

SEC. 2.

 Section 1277 of the Code of Civil Procedure is amended to read:

1277.
 (a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), (d),  and (f), (e),  or Section 1277.5, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter 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, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which 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 for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing.
(2) (A) A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.
(B) (i) On or after January 1, 2023, if the person whose name is proposed to be changed does not live in the county where the petition is filed, pursuant to subdivision (g) of Section 1276, the copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation published in the county of the person’s residence. If a newspaper of general circulation is not published in the county of the person’s residence, a copy of the order to show cause shall be posted by the clerk of the court in the county of the person’s residence or a similarly situated local official in three of the most public places in the county of the person’s residence, for a like period. If the place where the person seeking the name change lives does not have counties, publication shall be made according to the requirements of this paragraph in the local subdivision or territory of the person’s residence. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.
(ii) If the person is unable to publish or post a copy of the order to show cause pursuant to clause (i), the court may allow an alternate method of publication or posting or may waive this requirement after sufficient evidence of diligent efforts to publish or post a copy of the order has been submitted to the satisfaction of the court.
(3) Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient.
(4) If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.
(b) (1) If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner has established that the petitioner is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal Code.
(C) To avoid sexual assault, as defined in Section 1036.2 of the Evidence Code.
(D) To avoid human trafficking, as defined in Section 236.1 of the Penal Code.
(3) For any petition under this subdivision, the current legal name of the petitioner shall be kept confidential by the court and shall not be published or posted in the court’s calendars, indexes, or register of actions, as required by Article 7 (commencing with Section 69840) of Chapter 5 of Title 8 of the Government Code, or by any means or in any public forum, including a hardcopy or an electronic copy, or any other type of public media or display.
(4) Notwithstanding paragraph (3), the court may, at the request of the petitioner, issue an order reciting the name of the petitioner at the time of the filing of the petition and the new legal name of the petitioner as a result of the court’s granting of the petition.
(5) A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all of the following factors apply:
(A) There exists an overriding interest that overcomes the right of public access to the record.
(B) The overriding interest supports sealing the record.
(C) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.
(D) The proposed order to seal the records is narrowly tailored.
(E) No less restrictive means exist to achieve the overriding interest.
(c) If the petition is filed for a minor or nonminor dependent who is under the jurisdiction of the juvenile court, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a).
(d) (c)  A proceeding for a change of name for a witness participating in the state Witness Relocation and Assistance Program established by Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code who has been approved for the change of name by the program is exempt from the requirement for publication of the order to show cause under subdivision (a).
(e) (d)  If an application for change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), whether as part of a petition or cross-complaint or as a separate order to show cause in a pending action thereunder, service of the application shall be made upon all other parties to the action in a like manner as prescribed for the service of a summons, as set forth in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing (whether trial or order to show cause) at which the issue of the change of name is to be decided.
(f) (e)  If a guardian files a petition to change the name of the guardian’s minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing.
(2) If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.
(f) This section shall become operative on September 1, 2018.

SEC. 2.5.

 Section 1277 of the Code of Civil Procedure is amended to read:

1277.
 (a) (1) If a proceeding for a change of name is commenced by the filing of a petition, except as provided in subdivisions (b), (c), (d), and (f), or Section 1277.5, the court shall thereupon make an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed. The order shall direct all persons interested in the matter 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, unless the court orders a different time, to show cause why the application for change of name should not be granted. The order shall direct all persons interested in the matter to make known any objection that they may have to the granting of the petition for change of name by filing a written objection, which 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 for change of name should not be granted. The order shall state that, if no written objection is timely filed, the court may grant the petition without a hearing.
(2) (A) A copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation to be designated in the order published in the county. If a newspaper of general circulation is not published in the county, a copy of the order to show cause shall be posted by the clerk of the court in three of the most public places in the county in which the court is located, for a like period. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.
(B) (i) On or after January 1, 2023, if the person whose name is proposed to be changed does not live in the county where the petition is filed, pursuant to subdivision (g) of Section 1276, the copy of the order to show cause shall be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation published in the county of the person’s residence. If a newspaper of general circulation is not published in the county of the person’s residence, a copy of the order to show cause shall be posted by the clerk of the court in the county of the person’s residence or a similarly situated local official in three of the most public places in the county of the person’s residence, for a like period. If the place where the person seeking the name change lives does not have counties, publication shall be made according to the requirements of this paragraph in the local subdivision or territory of the person’s residence. Proof shall be made to the satisfaction of the court of this publication or posting at the time of the hearing of the application.
(ii) If the person is unable to publish or post a copy of the order to show cause pursuant to clause (i), the court may allow an alternate method of publication or posting or may waive this requirement after sufficient evidence of diligent efforts to publish or post a copy of the order has been submitted to the satisfaction of the court.
(3) Four weekly publications shall be sufficient publication of the order to show cause. If the order is published in a daily newspaper, publication once a week for four successive weeks shall be sufficient.
(4) If a petition has been filed for a minor by a parent and the other parent, if living, does not join in consenting thereto, the petitioner shall cause, not less than 30 days before the hearing, to be served notice of the time and place of the hearing or a copy of the order to show cause on the other parent pursuant to Section 413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot reasonably be accomplished pursuant to Section 415.10 or 415.40, the court may order that notice be given in a manner that the court determines is reasonably calculated to give actual notice to the nonconsenting parent. In that case, if the court determines that notice by publication is reasonably calculated to give actual notice to the nonconsenting parent, the court may determine that publication of the order to show cause pursuant to this subdivision is sufficient notice to the nonconsenting parent.
(b) (1) If the petition for a change of name alleges a reason or circumstance described in paragraph (2), and the petitioner has established that the petitioner is an active participant in the address confidentiality program created pursuant to Chapter 3.1 (commencing with Section 6205) of Division 7 of Title 1 of the Government Code, and that the name the petitioner is seeking to acquire is on file with the Secretary of State, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a), and the petition and the order of the court shall, in lieu of reciting the proposed name, indicate that the proposed name is confidential and is on file with the Secretary of State pursuant to the provisions of the address confidentiality program.
(2) The procedure described in paragraph (1) applies to petitions alleging any of the following reasons or circumstances:
(A) To avoid domestic violence, as defined in Section 6211 of the Family Code.
(B) To avoid stalking, as defined in Section 646.9 of the Penal Code.
(C) To avoid sexual assault, as defined in Section 1036.2 of the Evidence Code.
(D) To avoid human trafficking, as defined in Section 236.1 of the Penal Code.
(3) For any petition under this subdivision, the current legal name of the petitioner shall be kept confidential by the court and shall not be published or posted in the court’s calendars, indexes, or register of actions, as required by Article 7 (commencing with Section 69840) of Chapter 5 of Title 8 of the Government Code, or by any means or in any public forum, including a hardcopy or an electronic copy, or any other type of public media or display.
(4) Notwithstanding paragraph (3), the court may, at the request of the petitioner, issue an order reciting the name of the petitioner at the time of the filing of the petition and the new legal name of the petitioner as a result of the court’s granting of the petition.
(5) A petitioner may request that the court file the petition and any other papers associated with the proceeding under seal. The court may consider the request at the same time as the petition for name change, and may grant the request in any case in which the court finds that all of the following factors apply:
(A) There exists an overriding interest that overcomes the right of public access to the record.
(B) The overriding interest supports sealing the record.
(C) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed.
(D) The proposed order to seal the records is narrowly tailored.
(E) No less restrictive means exist to achieve the overriding interest.
(c) If the petition is filed for a minor or nonminor dependent who is under the jurisdiction of the juvenile court, the action for a change of name is exempt from the requirement for publication of the order to show cause under subdivision (a).
(d) A proceeding for a change of name for a witness participating in the state Witness Relocation and Assistance Program established by Title 7.5 (commencing with Section 14020) of Part 4 of the Penal Code who has been approved for the change of name by the program is exempt from the requirement for publication of the order to show cause under subdivision (a).
(e) If an application for change of name is brought as part of an action under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), whether as part of a petition or cross-complaint or as a separate order to show cause in a pending action thereunder, service of the application shall be made upon all other parties to the action in a like manner as prescribed for the service of a summons, as set forth in Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2. Upon the setting of a hearing on the issue, notice of the hearing shall be given to all parties in the action in a like manner and within the time limits prescribed generally for the type of hearing (whether trial or order to show cause) at which the issue of the change of name is to be decided.
(f) If a guardian files a petition to change the name of the guardian’s minor ward pursuant to Section 1276:
(1) The guardian shall provide notice of the hearing to any living parent of the minor by personal service at least 30 days before the hearing.
(2) If either or both parents are deceased or cannot be located, the guardian shall cause, not less than 30 days before the hearing, to be served a notice of the time and place of the hearing or a copy of the order to show cause on the child’s grandparents, if living, pursuant to Section 413.10, 414.10, 415.10, or 415.40.

SEC. 3.

 Section 102426 of the Health and Safety Code is amended to read:

102426.
 (a) (1) In addition to the items of information collected pursuant to Section 102425, the State Registrar shall instruct all local registrars that have automated birth registration to electronically capture the information specified in paragraph (2), and other necessary items as the State Registrar may designate, in an electronic file. The information shall not be transcribed onto the actual hard copy of the certificate of live birth.
(2) The information required pursuant to paragraph (1) shall consist of the following:
(A) The mother’s marital status.
(B) The mother’s mailing address. The mother may designate an alternate address at her discretion.
(C) Information about whether the birth mother received food for herself during the pregnancy pursuant to the Women, Infants, and Children (WIC) program.
(D) The Activity, Pulse, Grimace, Appearance, and Respiration (Apgar) scores of 5 and 10 minutes.
(E) The birth mother’s prepregnancy weight, weight at delivery, and height.
(F) Information about smoking before and during pregnancy, including the average number of cigarettes or packs of cigarettes smoked during the three months before pregnancy and the average number of cigarettes or packs of cigarettes smoked during each trimester of pregnancy.
(G) The planned place of birth and whether it was a hospital, freestanding birthing center, home delivery, clinic or physician’s office, or other specified place.
(H) The email address and mobile telephone numbers of the intended parents, if voluntarily provided by the parents, to be used for the California Kids Investment and Development Savings Program pursuant to Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code.
(I) Assigned sex at birth of the child.
(3) Subparagraphs (B) to (F), inclusive, of paragraph (2) shall become operative on January 1, 2007.
(b) Notwithstanding any law to the contrary, information collected pursuant to subparagraph (A) of paragraph (2) of subdivision (a) shall not under any circumstances be disclosed or available to anyone, except for both of the following:
(1) The State Department of Public Health and the Department of Child Support Services for demographic and statistical analysis. The Department of Child Support Services shall keep information received pursuant to this subdivision confidential in accordance with Section 17212 of the Family Code.
(2) The federal government, without any personal identifying information, for demographic and statistical analysis.
(c) Notwithstanding any law to the contrary, information collected pursuant subparagraph (H) of paragraph (2) of subdivision (a), if voluntarily provided by the parents, shall not under any circumstances be disclosed or available to anyone except for the Scholarshare Investment Board created pursuant to Section 69984 of the Education Code. The information shall be collected as long as the California Kids Investment and Development Savings Program is operational and actively opening new KIDS accounts, as defined in subdivision (g) of Section 69996.2 of the Education Code, for eligible children.

SEC. 4.

 Section 102430 of the Health and Safety Code is amended to read:

102430.
 (a) The second section of the certificate of live birth as specified in subdivision (b) of Section 102425, the electronic file of birth information collected pursuant to subparagraphs (B) to (I), inclusive, of paragraph (2) of subdivision (a) of Section 102426, the birth mother linkage collected pursuant to Section 102425.2, and the second section of the certificate of fetal death as specified in Section 103025, are confidential. Access to the confidential portion of any certificate of live birth or fetal death, the electronic file of birth information collected pursuant to subparagraphs (B) to (I), inclusive, of paragraph (2) of subdivision (a) of Section 102426, and the birth mother linkage collected pursuant to Section 102425.2 shall be limited to the following:
(1) Department staff.
(2) Local registrar’s staff and local health department staff when approved by the local registrar or local health officer, respectively.
(3) The county coroner.
(4) Persons with a valid scientific interest as determined by the State Registrar, who are engaged in demographic, epidemiological, or other similar studies related to health, and who agree to maintain confidentiality as prescribed by this part and by regulation of the State Registrar.
(5) The parent who signed the certificate or, if no parent signed the certificate, the mother.
(6) The person named on the certificate.
(7) A person who has petitioned to adopt the person named on the certificate of live birth, subject to Section 102705 of the Health and Safety Code and Sections 9200 and 9203 of the Family Code.
(8) The following state government departments requesting the information for official government business purposes as deemed appropriate by the State Registrar, that agree to maintain confidentiality as prescribed by this part:
(A) The State Department of Public Health.
(B) The State Department of Health Care Services.
(C) The Department of Finance. This section shall not be construed as a limitation of the authority granted to the Department of Finance in Sections 13073 to 13073.5, inclusive, of the Government Code.
(D) The Scholarshare Investment Board, for the purpose of implementing the California Kids Investment and Development Savings Program pursuant to Article 19.5 (commencing with Section 69996) of Chapter 2 of Part 42 of Division 5 of Title 3 of the Education Code, as long as the California Kids Investment and Development Savings Program is operational and actively opening new KIDS accounts, as defined in subdivision (g) of Section 69996.2 of the Education Code, for eligible children.
(E) The Department of Health Care Access and Information.
(9) The birth hospital responsible for preparing and submitting a record of the birth or fetal death for purposes of reviewing and correcting birth or fetal death records. The birth hospital shall not further disclose the information nor use the information for purposes other than allowed by this part.
(b) (1) The department shall maintain an accurate record of all persons who are given access to the confidential portion of the certificates. The record shall include all of the following:
(A) The name of the person authorizing access.
(B) The name, title, and organizational affiliation of persons given access.
(C) The dates of access.
(D) The specific purpose for which the information is to be used.
(2) The record of access shall be open to public inspection during normal operating hours of the department.
(c) All research proposed to be conducted using the confidential medical and social information on the birth certificate or fetal death certificate shall first be reviewed by the appropriate committee constituted for the protection of human subjects that is approved by the federal Department of Health and Human Services and has a general assurance pursuant to Part 46 of Title 45 of the Code of Federal Regulations. Information shall not be released until the request for information has been reviewed by the Vital Statistics Advisory Committee and the committee has recommended to the State Registrar that the information shall be released.

SEC. 5.

 Section 103400 of the Health and Safety Code is amended to read:

103400.
 (a) If a person who has a birth certificate issued by  born in  this state has their name changed by order of a court of this state, another state, the District of Columbia, or  any territory of the United States, or any foreign court, an application, an application  including an affidavit of this fact, fact  may be filed with the office of the State Registrar upon a form provided for that purpose. A court order filed with the office of the State Registrar that is not written in English shall include a certified English translation of the court order. 
(b) This section shall become operative on January 1, 2023. remain in effect only until January 1, 2023, and as of that date is repealed. 

SEC. 6.

 Section 103400 is added to the Health and Safety Code, to read:

103400.
 (a) If a person who has a birth certificate issued by this state has their name changed by order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court, an application, including an affidavit of this fact, may be filed with the office of the State Registrar upon a form provided for that purpose. A court order filed with the office of the State Registrar that is not written in English shall include a certified English translation of the court order.
(b) This section shall become operative on January 1, 2023.

SEC. 7.

 Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code is repealed.

SEC. 8.

 Article 7 (commencing with Section 103425) is added to Chapter 11 of Part 1 of Division 102 of the Health and Safety Code, to read:

Article  7. Revision of Birth and Marriage Records to Reflect Change of Gender and Sex Identifier
103425.
 (a) A person may file a petition with the superior court in any county seeking a judgment recognizing the change of gender and sex identifier to female, male, or nonbinary.
(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 sex identifier and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
(c) Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new marriage license and certificate or confidential marriage license and certificate be prepared for the person reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate or confidential marriage license and certificate and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
(d) Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new birth certificate be prepared for the person’s child or children reflecting the change to the designation of the person as mother, father, or parent and any change of name of the petitioner accomplished by an order of a court of this state, another state, the District of Columbia, or any territory of the United States, or foreign court.
(e) A petition seeking a judgment recognizing the change of gender and sex identifier to female, male, or nonbinary may be made to a superior court within this state, even if the person whose gender and sex identifier is proposed to be changed does not reside within the State of California, if the person is seeking to change the designation to reflect their gender on at least one of the following documents:
(1) A birth certificate that was issued within this state to the person whose gender and sex identifier is proposed to be changed.
(2) A birth certificate that was issued within this state to the legal child of the person whose gender and sex identifier is proposed to be changed.
(3) A marriage license and certificate or confidential marriage license and certificate that was issued within this state to the person whose gender and sex identifier is proposed to be changed.
103426.
 (a) The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for any person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender and sex identifier stated in the application and any change in name, if accompanied by a certified copy of the court order for a change of name.
(b) (1) The State Registrar shall issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) The fee prescribed by Section 103725.
(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.
(c) (1) The State Registrar shall issue a new birth certificate for an adult child who has a birth certificate issued by this state without a court order when the parent submits directly to the State Registrar all of the following:
(A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the adult child stipulating to the change to the adult child’s birth certificate.
(D) The fee prescribed by Section 103725.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an issuance of a new birth certificate for me that reflects my parent’s legal gender and name.”
(3) The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.
(d) (1) The county clerk shall issue a new confidential marriage license and certificate for a person who has a confidential marriage license and certificate that was issued from their county without a court order when the person submits directly to the county clerk all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate.
(D) The fee established by the county clerk, not to exceed the amount of the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate.
(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(2) The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and name.”
(3) The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
(e) (1) The State Registrar shall issue a new marriage license and certificate for a person who has a marriage license and certificate without a court order if the person submits directly to the State Registrar all of the following:
(A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name of the spouse.
(B) A copy of at least one of the following documents:
(i) A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.
(ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier.
(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.
(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.
(C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate.
(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.
(E) The fee prescribed by Section 103725.
(2) The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license and certificate for me that reflects my spouse’s legal gender and name.”
(3) The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained.
(4) For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.
103430.
 (a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’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.”
(b) (1) If the person whose gender is to be changed is under 18 years of age, the petition shall be signed either (A) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (c); or (B) 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.
(2) If the person whose gender is to be changed requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate pursuant to subdivision (c) of Section 103425, the petition shall be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition.
(3) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child pursuant to subdivision (d) of Section 103425, the petition shall be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. A petition that requests a new birth certificate for an adult child pursuant to subdivision (d) of Section 103425 that does not include the signature of the adult child shall not be granted with respect to the new birth certificate for that child if the child is living and capable of providing a signature.
(4) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their minor child pursuant to subdivision (d) of Section 103425, the petition need not include the signature of the petitioner’s child if the child is under 18 years of age.
(c) (1) A petition 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 paragraph (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 the petitioner, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure.
(d) (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 a petition in accordance with this subdivision, 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.
(e) (1)  If a petition pursuant to this section does not include a signature required by paragraph (1) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order directing the person or persons whose required signatures are not on the petition to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted.
(2) If a petition pursuant to this section does not include any signature required by paragraph (2) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order reciting the filing of the petition, the proposed changes to the petitioner’s marriage license and certificate or confidential marriage license and certificate, and the name of the person by whom it is filed. The order shall direct the spouse of the petitioner who appears on the marriage license and certificate or confidential marriage license and certificate to make known any objection to the changes requested on the marriage license and certificate or confidential marriage license and certificate by filing a written objection, which includes any reasons why the requested changes would be fraudulent, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the changes to the marriage license and certificate or confidential marriage license and certificate is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted.
(f) The petition and the order to show cause made in accordance with subdivision (e) shall be served on the required person or persons who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40 of the Code of Civil Procedure, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the person who did not sign the petition.
(g) If no service is required on any party pursuant this section, the court shall grant the petition without a hearing if no written objection is timely filed within six weeks of the filing of the petition.
(h) The court shall grant the petition without a hearing, unless a timely objection showing good cause is filed. 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.
(1) If a timely objection showing good cause is filed by anyone other than a parent who objects to changes to their minor child’s birth certificate, at the hearing, the court may examine under oath the petitioner and any other person having knowledge of the facts relevant to the petition. At the conclusion of the hearing, the court shall grant the petition if the court determines that the petition is not made for any fraudulent purpose.
(2) If the objection was timely filed by a parent who objects to changes to their minor child’s birth certificate, after holding a hearing on the matter, the court may deny the petition if the court finds that the change of gender and sex identifier 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.
103431.
 (a) (1)  If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner and if the petitioner has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner.
(2) The new birth certificate shall reflect the gender of the petitioner, as specified in the judgment of the court, and shall reflect any change of name, as specified in the 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.
(b) (1) (A) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court ordering the new confidential marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued, along with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate. Upon receipt of the copy of the judgment, the application, and the fee, the county clerk shall issue a confidential marriage license and certificate for the petitioner.
(B) If a judgment pursuant to Section 103430 includes an order for a new marriage license and certificate, and the original marriage license and certificate was not confidential and issued within this state, a certified copy of the judgment of the court ordering the new marriage license and certificate shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar, along with the application and the fee prescribed by Section 103725. Upon receipt of the copy of the judgment, the application, and the fee, the State Registrar shall establish a new marriage license and certificate for the petitioner.
(2) If a new marriage license and certificate or confidential marriage license and certificate is requested under subdivision (c) of Section 103425, the new marriage license and certificate or new confidential marriage license and certificate shall reflect any change in the designation of the person as bride, groom, or having neither box checked as requested, and shall reflect any change of name, as specified in the court order, as prescribed by Section 103425. If the “New Names” section of the original marriage license and certificate or original confidential marriage license and certificate that refers to the person whose gender and sex identifier was changed pursuant to Section 103430 does not match any change of name, as specified in the court order, then the “New Names” section for that person shall be left blank on the new marriage license and certificate or new confidential marriage license and certificate of marriage. A new marriage license and certificate or new confidential marriage license and certificate issued pursuant to this article shall not entitle the parties to the marriage to change their names using the procedures in Section 306.5 of the Family Code at the time of the issuance of the new marriage license and certificate or confidential marriage license and certificate. Notwithstanding Sections 103235 and 103255, reference shall not be made in the new marriage license and certificate or new confidential marriage license and certificate, and its form shall not in any way indicate, that it is not the original marriage license and certificate or original confidential marriage license and certificate of the petitioner.
(c) (1) If a judgment pursuant to Section 103430 includes an order for a new birth certificate for the petitioner’s child and if the petitioner’s child has a birth certificate issued by this state, a certified copy of the judgment of the court ordering the new birth certificate, shall, within 30 days from the date of the judgment, be filed by the petitioner with the State Registrar. Upon receipt thereof, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate for the petitioner’s child.
(2) If a new birth certificate is requested under subdivision (d) of Section 103425, the new birth certificate for the petitioner’s child shall reflect the change of the designation of the petitioner as mother, father, or parent and, if applicable, any change of name of the petitioner, as specified in the court order and as prescribed by Section 103425. Reference shall not be made in the new birth certificate, and its form shall not in any way indicate, that it is not the original birth certificate of the petitioner’s child.
103435.
 (a) 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 the petitioner’s gender and sex identifier and, if requested, to order the issuance of a new birth certificate, marriage license and certificate, confidential marriage license and certificate, or birth certificate of the petitioner’s child. With respect to a single petition, the court shall comply with both of the following:
(1) The procedure set forth in Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure; however, the order to show cause shall not include the petition to recognize the change of gender and sex identifier.
(2) The procedure set forth in Section 103430 if there is a request for a new marriage license and certificate, confidential marriage license and certificate, or for a new birth certificate for any child of the petitioner.
(b) (1) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the Secretary of State.
(2) A certified copy of the judgment of the court issued pursuant to this section shall, within 30 days, be filed by the petitioner with the State Registrar, if any of the following conditions are met:
(A) The judgment includes an order for a new birth certificate and the petitioner has a birth certificate issued by this state.
(B) The judgment includes an order for a new marriage license and certificate and the original marriage license and certificate was issued within this state.
(C) The judgment includes an order for a new birth certificate for the petitioner’s child and the petitioner’s child has a birth certificate issued by this state.
(3) If the judgment issued pursuant to this section includes an order for a new marriage license and certificate, and the original marriage license and certificate was confidential and issued within this state, a certified copy of the judgment of the court shall, within 30 days, be filed by the petitioner with the county clerk in the county where the confidential marriage license and certificate was issued.
(c) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate or marriage license and certificate as provided in this article.
(d) Upon receipt of a certified copy of a judgment of the court issued pursuant to this section, together with the application and the fee established by the county clerk, not to exceed the fee for any other confidential marriage license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate, the county clerk shall issue a new confidential marriage license and certificate as provided in this article.
103440.
 (a) The new birth certificate, marriage license and certificate, or confidential marriage license and certificate established pursuant to this article shall supplant any birth certificate, marriage license and certificate, or confidential marriage license and certificate previously registered for the registrant. The new birth certificate or new marriage license and certificate shall be the only birth certificate or marriage license and certificate open to public inspection. The application and supporting affidavit filed pursuant to subdivision (a) of Section 103426 and the applications, supporting affidavits, and stipulations filed pursuant to subdivisions (b) and (c) of Section 103426 shall be filed with the original record of birth, which shall remain as a part of the records of the State Registrar. The applications, supporting affidavits, and stipulations filed pursuant to subdivision (d) of Section 103426 for a confidential marriage license and certificate shall be filed with the original confidential record of marriage, which shall remain as a part of the records of the county clerk. The applications, supporting affidavits, and stipulations filed pursuant to subdivision (e) of Section 103426 for a marriage license and certificate shall be filed with the original record of marriage, which shall remain as a part of the records of the State Registrar. All records and information specified in this article, other than the newly issued birth certificate or marriage license and certificate, shall be available only upon written request of the registrant or an order of a court of record. Nothing in this section changes the confidentiality of or access to a confidential marriage certificate.
(b) When a new birth certificate or a new marriage license and certificate is established under this article, the State Registrar shall transmit copies of the newly established birth certificate or marriage license and certificate for filing to the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies of the original certificate to the State Registrar for filing with the original certificate, if it is practical for the local registrar or the county recorder to do so. If it is impractical for the local registrar or the county recorder to forward the copy to the State Registrar, the local registrar or the county recorder shall effectually seal a cover over the copy of the original certificate in a manner as not to deface or destroy the copy and forward a verified statement of the action to the State Registrar. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record.
(c) When a new confidential marriage license and certificate is ordered under this article, the county clerk shall effectually seal a cover over the original certificate in a manner as not to deface or destroy the copy, issue a new confidential marriage license and certificate, and file the new confidential marriage license and certificate in its place. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record.
103443.
 (a) The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge.
(b) The county clerk shall transmit a copy of a confidential marriage certificate newly established under this article to the registrant without additional charge.
103445.
 This article shall become operative on January 1, 2023.

SEC. 8.5.

 Section 103430 is added to the Health and Safety Code, to read:

103430.
 (a) A petition for a court order to recognize a change in the petitioner’s gender and sex identifier as female, male, or nonbinary and to direct the issuance of new administrative documents to reflect those changes shall be accompanied by an affidavit from the petitioner and a certified copy of the court order changing the petitioner’s name, if applicable. The petitioner’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.”
(b) (1) If the person whose gender is to be changed is under 18 years of age, the petition shall be signed either (A) by at least one of the minor’s parents, any guardian of the minor, or a person specified in subdivision (c); or (B) 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.
(2) If the person whose gender is to be changed requests in their petition the issuance of a new marriage license and certificate or confidential marriage license and certificate pursuant to subdivision (c) of Section 103425, the petition shall be signed by the spouse who shares the marriage license and certificate or confidential marriage license and certificate that would be changed by granting the petition if the spouse is living and capable of signing the petition.
(3) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their adult child pursuant to subdivision (d) of Section 103425, the petition shall be signed by the child whose birth certificate would be changed by granting the petition if the child is 18 years of age or older. A petition that requests a new birth certificate for an adult child pursuant to subdivision (d) of Section 103425 that does not include the signature of the adult child shall not be granted with respect to the new birth certificate for that child if the child is living and capable of providing a signature.
(4) If the person whose gender is to be changed requests in their petition the issuance of a new birth certificate for their minor child pursuant to subdivision (d) of Section 103425, the petition need not include the signature of the petitioner’s child if the child is under 18 years of age.
(c) (1) A petition to recognize a change of the gender of a minor signed by a guardian appointed by the juvenile court or the probate court, 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, or by an attorney for a minor who is alleged or adjudged to be a person described in Section 601 or 602 of the Welfare and Institutions Code shall be made in the court having jurisdiction over the minor. 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 paragraph (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 the petitioner, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure.
(d) (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 a petition in accordance with this subdivision, 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.
(e) (1)  If a petition pursuant to this section does not include a signature required by paragraph (1) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order directing the person or persons whose required signatures are not on the petition to show cause why the petition for a court order to recognize a change in the minor’s gender and sex identifier to female, male, or nonbinary should not be granted by filing a written objection, which includes any reasons for the objection, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the gender recognition is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted.
(2) If a petition pursuant to this section does not include any signature required by paragraph (2) of subdivision (b), then upon receipt of the petition, the court shall thereupon make an order reciting the filing of the petition, the proposed changes to the petitioner’s marriage license and certificate or confidential marriage license and certificate, and the name of the person by whom it is filed. The order shall direct the spouse of the petitioner who appears on the marriage license and certificate or confidential marriage license and certificate to make known any objection to the changes requested on the marriage license and certificate or confidential marriage license and certificate by filing a written objection, which includes any reasons why the requested changes would be fraudulent, within six weeks of the making of the order, and shall state that if no objection showing good cause to oppose the changes to the marriage license and certificate or confidential marriage license and certificate is timely filed, the court shall, without hearing, enter the order that the gender and sex identifier recognition is granted.
(f) The petition and the order to show cause made in accordance with subdivision (e) shall be served on the required person or persons who did not sign the petition, pursuant to Section 413.10, 414.10, 415.10, or 415.40 of the Code of Civil Procedure, within 30 days from the date on which the order is made by the court. If service cannot reasonably be accomplished pursuant to Section 415.10 or 415.40 of the Code of Civil Procedure, the court may order that service be accomplished in a manner that the court determines is reasonably calculated to give actual notice to the person who did not sign the petition.
(g) If no service is required on any party pursuant this section, the court shall grant the petition without a hearing if no written objection is timely filed within six weeks of the filing of the petition.
(h) The court shall grant the petition without a hearing, unless a timely objection showing good cause is filed. 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.
(1) If a timely objection showing good cause is filed by anyone other than a parent who objects to changes to their minor child’s birth certificate, at the hearing, the court may examine under oath the petitioner and any other person having knowledge of the facts relevant to the petition. At the conclusion of the hearing, the court shall grant the petition if the court determines that the petition is not made for any fraudulent purpose.
(2) If the objection was timely filed by a parent who objects to changes to their minor child’s birth certificate, after holding a hearing on the matter, the court may deny the petition if the court finds that the change of gender and sex identifier 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.
(i) This section shall become operative January 1, 2023.

SEC. 9.

 Section 103725 of the Health and Safety Code is amended to read:

103725.
 (a) A fee of eleven dollars ($11) shall be paid to the State Registrar by the applicant for establishment of a new record of birth or marriage license and certificate  under Article 7 (commencing with Section 103425) of Chapter 11.
(b) This section shall become operative on January 1, 2023. remain in effect only until January 1, 2023, and as of that date is repealed. 

SEC. 10.

 Section 103725 is added to the Health and Safety Code, to read:

103725.
 (a) A fee of eleven dollars ($11) shall be paid to the State Registrar by the applicant for establishment of a new record of birth or marriage license and certificate under Article 7 (commencing with Section 103425) of Chapter 11.
(b) This section shall become operative on January 1, 2023.
SEC. 11.
 Section 1.5 of this bill incorporates amendments to Section 1276 of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1578. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 1276 of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1578 in which case Section 1 of this bill shall not become operative.
SEC. 12.
 Section 2.5 of this bill incorporates amendments to Section 1277 of the Code of Civil Procedure proposed by both this bill and Assembly Bill 1578. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 1277 of the Code of Civil Procedure, and (3) this bill is enacted after Assembly Bill 1578, in which case Section 2 of this bill shall not become operative.
SEC. 13.
 Section 8.5 of this bill adds a version of Section 103430 to the Health and Safety Code, which becomes operative January 1, 2023, and incorporates provisions proposed by both this bill and Assembly Bill 1578. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) Assembly Bill 1578 amends Section 103430 of the Health and Safety Code, and (3) this bill repeals and adds Section 103430 of the Health and Safety Code, as part of repealing and adding Article 7 (commencing with Section 103425) of Chapter 11 of Part 1 of Division 102 of the Health and Safety Code, to be operative January 1, 2023, in which case Section 103430 of the Health and Safety Code, as proposed to be added by Section 8 of this bill, shall not become operative.
SEC. 14.
 The Legislature finds and declares that Section 4 of this act, which amends Section 102430 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect the privacy of transgender or nonbinary persons with regard to information about their assigned sex at birth, except for access by authorized entities or individuals for health-related or other limited purposes as specified in Section 102430 of the Health and Safety Code, it is necessary that this act limit the public’s right of access to that information.
SEC. 15.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 16.
 Section 7 of this act shall become operative on January 1, 2023.