BILL NUMBER: AB 433	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  AUGUST 22, 2011
	AMENDED IN SENATE  JUNE 10, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 14, 2011

   An act to amend Sections 103425, 103430, and 103435 of the Health
and Safety Code, relating to vital records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 433, Bonnie Lowenthal. Birth certificates: issuance.
   Under existing law, whenever a person born in this state has
undergone surgical treatment for the purpose of altering his or her
sexual characteristics to those of the opposite sex, a new birth
certificate may be prepared reflecting the change of gender and any
change of name. A petition for the issuance of a new birth
certificate is permitted to be filed in the superior court of the
county in which the petitioner resides. Existing law requires the
petition to be accompanied by an affidavit of the physician
documenting the sex change and allows for the filing of objections by
any person who can, in those objections, show good cause against the
change in birth certificate.
   This bill would instead authorize a person who has undergone
clinically appropriate treatment for the purpose of gender transition
to file a petition in any superior court to recognize the change in
gender and, additionally, if applicable, a name change and request
for a new birth certificate. The bill would make the physician's
affidavit conclusive proof of gender change if it contains specified
language. The bill would delete the provisions of existing law that
authorize the filing of objections, and would require the court to
grant the petition if the affidavit shows that the petitioner has
undergone clinically appropriate treatment for the purpose of gender
transition. The bill would also make related changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 103425 of the Health and Safety Code is amended
to read:
   103425.  (a) Whenever a person has undergone clinically
appropriate treatment for the purpose of gender transition, the
person may file a petition with the superior court in any county
seeking a judgment recognizing the change of gender.
   (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 any change of name accomplished by an order of a court of
this state, another state, the District of Columbia, or any
territory of the United States.
  SEC. 2.  Section 103430 of the Health and Safety Code is amended to
read:
   103430.  (a) The petition shall be accompanied by an affidavit of
a physician attesting that the person has undergone clinically
appropriate treatment for the purpose of gender transition, based on
contemporary medical standards, and a certified copy of the court
order changing the applicant's name, if applicable. The physician's
affidavit shall be accepted as conclusive proof of gender change if
it contains substantially the following language: "I, (physician's
full name), (physician's medical license or certificate number), am a
licensed physician in (jurisdiction). I attest that (name of
petitioner) has undergone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare that the
foregoing is true and correct to the best of my knowledge."
   (b) The petition shall be heard at the time appointed by the
court. At the hearing, the court may examine on oath the petitioner,
and any other person having knowledge of facts relevant to the
application. At the conclusion of the hearing the court shall grant
the petition if the court determines that the physician's affidavit
shows that the person has undergone clinically appropriate treatment
for the purpose of gender transition.
   (c) If the judgment includes an order for a new birth certificate
and if the petitioner was born in this state, a certified copy of the
decree of the court ordering the new birth certificate, shall,
within 30 days from the date of the decree, be filed with the State
Registrar. Upon receipt thereof together with the fee prescribed by
Section 103725, the State Registrar shall establish a new birth
certificate for the applicant.
   (d) The new birth certificate shall indicate the sex of the
registrant as specified in the judgment of the court and shall
reflect any change of name specified in the application if
accompanied by a 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 registrant.
  SEC. 3.  Section 103435 of the Health and Safety Code is amended to
read:
   103435.  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 petitioner's gender and, if requested, to
order the issuance of a new birth certificate. With respect to such a
petition, the court shall follow the procedure set forth in Title 8
(commencing with Section 1275) of Part III of the Code of Civil
Procedure; however, the order to show cause shall not include the
petition to recognize the change of gender. A certified copy of the
decree of the court issued pursuant to this section shall, within 30
days, be filed with both the Secretary of State and, if the judgment
includes an order for a new birth certificate and if the petitioner
was born in this state, the State Registrar. Upon its receipt, the
State Registrar shall establish a new birth certificate as provided
in this article.