California Health and Safety Code

§ 103426

HSC § 103426 Effective Jan 1, 2022Div. 102 · Part 1 · Ch. 11 · Art. 7

Statute text

(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.

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Legislative history

Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.