California Health and Safety Code

§ 103440

HSC § 103440 Effective Jan 1, 2022Div. 102 · Part 1 · Ch. 11 · Art. 7

Statute text

(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.

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.