Today's Law As Amended


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AB-64 Vital records: diacritical marks.(2025-2026)



As Amends the Law Today


SECTION 1.

 Section 102134 is added to the Health and Safety Code, to read:

102134.
 (a) Subject to an appropriation of funds by the Legislature, the State Registrar shall require the use of a diacritical mark on an English letter to be properly recorded, when applicable, on a certificate of live birth, fetal death, death, marriage license and certificate, or confidential marriage license and certificate. The use of a diacritical mark on an English letter shall be deemed an acceptable entry on a certificate of live birth, fetal death, or death, and a marriage license by the State Registrar.
(b) The absence of a diacritical mark on a document listed in subdivision (a) shall not render the document invalid nor affect any constructive notice imparted by proper recordation of the document.
(c) For purposes of this part, a diacritical mark includes, but is not limited to, accents, tildes, graves, umlauts, and cedillas.

SEC. 2.

 Section 103227 is added to the Health and Safety Code, to read:

103227.
 (a) (1) If a name is not accurately recorded because of the absence of a diacritical mark on an English letter in any certificate of live birth, fetal death, death, or marriage already registered, the person asserting the omission, or the person’s conservator, or if a minor, the person’s parent or guardian, may submit a written request to the State Registrar for the issuance of a new certificate of birth, fetal death, death, or marriage stating the changes necessary to make the name correct.
(2) The State Registrar shall review the request and, if the request is accompanied with the payment of the fee required by Section 103700, shall issue a new certificate of live birth, fetal death, death, or marriage with the accurate name identified in the request.
(b) (1) If a name is not accurately recorded because of the absence of a diacritical mark on an English letter on any confidential license and certificate of marriage already registered, the party to the confidential marriage asserting the omission may make an affidavit under oath in accordance with Section 103225 stating the changes necessary to make the record correct. That affidavit shall be supported by the affidavit of one other person having knowledge of the facts and shall be filed with the county clerk.
(2) The county clerk shall review the amendment for acceptance for filing, and if accepted, shall file the amendment and shall note the fact of the amendment, with its date, on the otherwise unaltered original confidential license and certificate of marriage.
SEC. 3.
 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.