AB 1121, as amended, Atkins. Gender identity: petition for change of name.
Existing law sets forth the requirements and procedures for proceedings commenced by the filing of a petition for a change of name. Existing law authorizes a court to grant the petition without a hearing if no written objection to the change of name is timely filed and imposes publication requirements with respect to the court hearing of the change of name petition.begin delete Existing law also requires that the current legal name of the petitioner be kept confidential by the court under prescribed circumstances.end delete
This bill would provide that if a petition for a change of name is sought to conform the petitioner’s name to his or her gender identity, and no timely objection is filed, the court is required to grant the petition without a hearing. The bill would exempt the
petition action from a specified publication requirementbegin delete and would require that the petition and order of the court indicate that the proposed name is confidentialend delete. The bill would authorize a court, at the request of the petitioner to, issue an order reciting the name of the petitioner as a result of the court’s granting of the petition. The bill would make these provisions operative on July 1, 2014.
Existing law authorizes a person to file a petition with the superior court in any county to seek a judgment recognizing a change of gender whenever that person has undergone clinically appropriate treatment for the purpose of gender transition. Existing law requires that if requested, the judgment include an order that a new birth certificate be prepared to reflect the change of gender and any change of name. Existing law requires that the State Registrar transmit a certified copy of a birth certificate newly established pursuant to these provisions.
This bill would require the State Registrar to issue a new birth certificatebegin insert reflecting a change of sexend insert without a court order for any person born in the state who has undergone clinically appropriate treatment for the purpose of gender transition and submits to the State Registrar an affidavit of a physician attesting that the person has undergone that treatment, as specified. Upon receipt of the documentation and a prescribed fee, the State Registrar would be required to establish a new birth certificate reflecting the person’s sex andbegin insert any change ofend insert name, if applicable.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1277 of the Code of Civil Procedure is
2amended to read:
(a) If a proceeding for a change of name is commenced
4by the filing of a petition, except as provided in subdivisions (b),
5(c), and (e), the court shall thereupon make an order reciting the
6filing of the petition, the name of the person by whom it is filed,
7and the name proposed. The order shall direct all persons interested
8in the matter to appear before the court at a time and place
9specified, which shall be not less than six nor more than 12 weeks
10from the time of making the order, unless the court orders a
11different time, to show cause why the application for change of
12name should not be granted. The order shall direct all persons
13interested in the matter to make known any objection that they
P3 1may have to
the granting of the petition for change of name by
2filing a written objection, which includes the reasons for the
3objection, with the court at least two court days before the matter
4is scheduled to be heard and by appearing in court at the hearing
5to show cause why the petition for change of name should not be
6granted. The order shall state that, if no written objection is timely
7filed, the court may grant the petition without a hearing.
8A copy of the order to show cause shall be published pursuant
9to Section 6064 of the Government Code in a newspaper of general
10circulation to be designated in the order published in the county.
11If no newspaper of general circulation is published in the county,
12
a copy of the order to show cause shall be posted by the clerk of
13the court in three of the most public places in the county in which
14the court is located, for a like period. Proof shall be made to the
15satisfaction of the court of this publication or posting, at the time
16of the hearing of the application.
17Four weekly publications shall be sufficient publication of the
18order to show cause. If the order is published in a daily newspaper,
19publication once a week for four successive weeks shall be
20sufficient.
21If a petition has been filed for a minor by a parent and the other
22parent, if living, does not join in consenting thereto, the petitioner
23shall cause, not less than 30 days prior to the hearing, to be served
24notice of the time and place of the hearing or a copy of the order
25to show cause on the other
parent pursuant to Section 413.10,
26414.10, 415.10, or 415.40. If notice of the hearing cannot
27reasonably be accomplished pursuant to Section 415.10 or 415.40,
28the court may order that notice be given in a manner that the court
29determines is reasonably calculated to give actual notice to the
30nonconsenting parent. In that case, if the court determines that
31notice by publication is reasonably calculated to give actual notice
32to the nonconsenting parent, the court may determine that
33publication of the order to show cause pursuant to this subdivision
34is sufficient notice to the nonconsenting parent.
35(b) (1) If the petition for a change of name alleges a reason or
36circumstance described in paragraph (2), and the petitioner is a
37participant in the address confidentiality program created pursuant
38to Chapter 3.1 (commencing with
Section 6205) of Division 7 of
39Title 1 of the Government Code, the action for a change of name
40is exempt from the requirement for publication of the order to
P4 1show cause under subdivision (a), and the petition and the order
2of the court shall, in lieu of reciting the proposed name, indicate
3that the proposed name is confidential and will be on file with the
4Secretary of State pursuant to the provisions of the address
5confidentiality program.
6(2) The procedure described in paragraph (1) applies to petitions
7alleging any of the following reasons or circumstances:
8(A) To avoid domestic violence, as defined in Section 6211 of
9the Family Code.
10(B) To avoid stalking, as defined in Section 646.9 of the Penal
11Code.
12(C) The petitioner is, or is filing on behalf of, a victim of sexual
13assault, as defined in Section 1036.2 of the Evidence Code.
14(3) For any petition under this subdivision, the current legal
15name of the petitioner shall be kept confidential by the court and
16shall not be published or posted in the court’s calendars, indexes,
17or register of actions, as required by Article 7 (commencing with
18Section 69840) of Chapter 5 of Title 8 of the Government Code,
19or by any means or in any public forum, including a hardcopy or
20an electronic copy, or any other type of public media or display.
21(4) (A) A petitioner may request that the court file the petition
22and any other papers associated with the proceeding under seal.
23The
court may consider the request at the same time as the petition
24for name change, and may grant the request in any case in which
25the court finds that all of the following factors apply:
26(i) There exists an overriding interest that overcomes the right
27of public access to the record.
28(ii) The overriding interest supports sealing the record.
29(iii) A substantial probability exists that the overriding interest
30will be prejudiced if the record is not sealed.
31(iv) The proposed order to seal the records is narrowly tailored.
32(v) No less restrictive means exist to achieve the overriding
33interest.
34(B) On or before January 1, 2010, the Judicial Council shall
35develop rules of court and forms consistent with the requirements
36of this paragraph.
37(c) A proceeding for a change of name for a witness participating
38in the state Witness Protection Program established by Title 7.5
39(commencing with Section 14020) of Part 4 of the Penal Code
40who has been approved for the change of name by the program is
P5 1exempt from the requirement for publication of the order to show
2cause under subdivision (a).
3(d) If application for change of name is brought as part of an
4action under the Uniform Parentage Act (Part 3 (commencing with
5Section 7600) of Division 12 of the Family Code), whether as part
6of a petition or cross-complaint or as a
separate order to show
7cause in a pending action thereunder, service of the application
8shall be made upon all other parties to the action in a like manner
9as prescribed for the service of a summons, as is set forth in Article
103 (commencing with Section 415.10) of Chapter 4 of Title 5 of
11Part 2. Upon the setting of a hearing on the issue, notice of the
12hearing shall be given to all parties in the action in a like manner
13and within the time limits prescribed generally for the type of
14hearing (whether trial or order to show cause) at which the issue
15of the change of name is to be decided.
16(e) If a guardian files a petition to change the name of his or her
17minor ward pursuant to Section 1276:
18(1) The guardian shall provide notice of the hearing to any living
19parent of the minor by
personal service at least 30 days prior to
20the hearing.
21(2) If either or both parents are deceased or cannot be located,
22the guardian shall cause, not less than 30 days prior to the hearing,
23to be served a notice of the time and place of the hearing or a copy
24of the order to show cause on the child’s grandparents, if living,
25pursuant to Section 413.10, 414.10, 415.10, or 415.40.
26(f) This section shall remain in effect only until July 1, 2014,
27and as of that date is repealed, unless a later enacted statute, that
28is enacted before July 1, 2014, deletes or extends that date.
Section 1277 is added to the Code of Civil Procedure,
30to read:
(a) (1) If a proceeding for a change of name is
32commenced by the filing of a petition, except as provided in
33subdivisions (b), (c), and (e), the court shall thereupon make an
34order reciting the filing of the petition, the name of the person by
35whom it is filed, and the name proposed. The order shall direct all
36persons interested in the matter to appear before the court at a time
37and place specified, which shall be not less than six nor more than
3812 weeks from the time of making the order, unless the court orders
39a different time, to show cause why the application for change of
40name should not be granted. The order shall direct all persons
P6 1interested in the matter to make known any objection that they
2may have
to the granting of the petition for change of name by
3filing a written objection, which includes the reasons for the
4objection, with the court at least two court days before the matter
5is scheduled to be heard and by appearing in court at the hearing
6to show cause why the petition for change of name should not be
7granted. The order shall state that, if no written objection is timely
8filed, the court may grant the petition without a hearing. If the
9petition seeks to conform the petitioner’s name to his or her gender
10identity and no objection is timely filed, the court shall grant the
11petition without a hearing.
12(2) A copy of the order to show cause shall be published
13pursuant to Section 6064 of the Government Code in a newspaper
14of general circulation to be designated in the order published in
15the county. If no
newspaper of general circulation is published in
16the county, a copy of the order to show cause shall be posted by
17the clerk of the court in three of the most public places in the
18county in which the court is located, for a like period. Proof shall
19be made to the satisfaction of the court of this publication or
20posting, at the time of the hearing of the application.
21(3) Four weekly publications shall be sufficient publication of
22the order to show cause. If the order is published in a daily
23newspaper, publication once a week for four successive weeks
24shall be sufficient.
25(4) If a petition has been filed for a minor by a parent and the
26other parent, if living, does not join in consenting thereto, the
27petitioner shall cause, not less than
30 days prior to the hearing,
28to be served notice of the time and place of the hearing or a copy
29of the order to show cause on the other parent pursuant to Section
30413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
31reasonably be accomplished pursuant to Section 415.10 or 415.40,
32the court may order that notice be given in a manner that the court
33determines is reasonably calculated to give actual notice to the
34nonconsenting parent. In that case, if the court determines that
35notice by publication is reasonably calculated to give actual notice
36to the nonconsenting parent, the court may determine that
37publication of the order to show cause pursuant to this subdivision
38is sufficient notice to the nonconsenting parent.
39(5) If the petition for a
change of name is sought in order to
40conform the petitioner’s name to his or her gender identity, the
P7 1action for a change of name is exempt from the requirement for
2publication of the order to show cause under this subdivision.
3(b) (1) If the petition for a change of name alleges a reason or
4circumstance described in paragraph (2), and the petitioner is a
5participant in the address confidentiality program created pursuant
6to Chapter 3.1 (commencing with Section 6205) of Division 7 of
7Title 1 of the Government Code, the action for a change of name
8is exempt from the requirement for publication of the order to
9show cause under subdivision (a), and the petition and the order
10of the court shall, in lieu of reciting the proposed name, indicate
11that the proposed name is confidential and will be on file with the
12Secretary of
State pursuant to the provisions of the address
13confidentiality program.
14(2) The procedure described in paragraph (1) applies to petitions
15alleging any of the following reasons or circumstances:
16(A) To avoid domestic violence, as defined in Section 6211 of
17the Family Code.
18(B) To avoid stalking, as defined in Section 646.9 of the Penal
19Code.
20(C) The petitioner is, or is filing on behalf of, a victim of sexual
21assault, as defined in Section 1036.2 of the Evidence Code.
22(3) If the petition for a change of name is sought in order to
23conform the petitioner’s name to his or her gender identity, the
24action for a change of name is exempt from the requirement for
25publication of the order to show cause under subdivision (a), and,
26at the request of the petitioner, the petition and order of the court
27shall, in lieu of reciting the proposed name, indicate that the
28proposed name is confidential.
29 (4)
end delete
30begin insert(3)end insert For any petition under this subdivision, the current legal
31name of the petitioner shall be kept confidential by the court and
32shall not be published or posted in the court’s calendars, indexes,
33or register of actions, as required by Article 7 (commencing with
34Section 69840) of Chapter 5 of Title 8 of the Government Code,
35or by any means or in any public forum, including a hardcopy or
36an electronic copy, or any other type of public media or display.
37(5)
end delete
38begin insert(4)end insert Notwithstanding paragraphbegin delete (4)end deletebegin insert
(3)end insert, the court may, at the
39request of the petitioner, issue an order reciting the name of the
40petitioner at the time of the filing of the petition and the new legal
P8 1name of the petitioner as a result of the court’s granting of the
2petition.
3 (6)
end delete
4begin insert(5)end insert A petitioner may request that the court file the petition and
5any other papers associated with the proceeding under seal. The
6court may consider the request at the same time as the petition for
7name change, and may grant the
request in any case in which the
8court finds that all of the following factors apply:
9(A) There exists an overriding interest that overcomes the right
10of public access to the record.
11(B) The overriding interest supports sealing the record.
12(C) A substantial probability exists that the overriding interest
13will be prejudiced if the record is not sealed.
14(D) The proposed order to seal the records is narrowly tailored.
15(E) No less restrictive means exist to achieve the overriding
16interest.
17(c) A proceeding for a change of name for a witness participating
18in the state Witness Protection Program established by Title 7.5
19(commencing with Section 14020) of Part 4 of the Penal Code
20who has been approved for the change of name by the program is
21exempt from the requirement for publication of the order to show
22cause under subdivision (a).
23(d) If application for change of name is brought as part of an
24action under the Uniform Parentage Act (Part 3 (commencing with
25Section 7600) of Division 12 of the Family Code), whether as part
26of a petition or cross-complaint or as a separate order to show
27cause in a pending action thereunder, service of the application
28shall be made upon all other parties to the action in a like manner
29as prescribed for the service
of a summons, as is set forth in Article
303 (commencing with Section 415.10) of Chapter 4 of Title 5 of
31Part 2. Upon the setting of a hearing on the issue, notice of the
32hearing shall be given to all parties in the action in a like manner
33and within the time limits prescribed generally for the type of
34hearing (whether trial or order to show cause) at which the issue
35of the change of name is to be decided.
36(e) If a guardian files a petition to change the name of his or her
37minor ward pursuant to Section 1276:
38(1) The guardian shall provide notice of the hearing to any living
39parent of the minor by personal service at least 30 days prior to
40the hearing.
P9 1(2) If either or both parents are deceased or cannot be located,
2the guardian shall cause, not less than 30 days prior to the hearing,
3to be served a notice of the time and place of the hearing or a copy
4of the order to show cause on the child’s grandparents, if living,
5pursuant to Section 413.10, 414.10, 415.10, or 415.40.
6(f) This section shall become operative on July 1, 2014.
Section 1278 of the Code of Civil Procedure is
8amended to read:
(a) Except as provided in subdivisions (c) and (d), the
10petition or application shall be heard at the time designated by the
11court, only if objections are filed by any person who can, in those
12objections, show to the court good reason against the change of
13name. At the hearing, the court may examine on oath any of the
14petitioners, remonstrants, or other personsbegin delete,end delete touching the petition
15or application, and may make an order changing the name, or
16dismissing the petition or application, as to the court may seem
17right and proper.
18If no objection is filed at least two court days before the date set
19for
hearing, the court may, without hearing, enter the order that
20the change of name is granted.
21(b) If the provisions of subdivision (b) of Section 1277 apply,
22the court shall not disclose the proposed name unless the court
23finds by clear and convincing evidence that the allegations of
24domestic violence or stalking are false.
25(c) If the application for a change of name is brought as part of
26an action under the Uniform Parentage Act (Part 3 (commencing
27with Section 7600) of Division 12 of the Family Code), the hearing
28on the issue of the change of name shall be conducted pursuant to
29statutes and rules of court governing those proceedings, whether
30the hearing is conducted upon an order to show cause or upon trial.
31(d) If the petition for a change of name is filed by a guardian
32on behalf of a minor ward, the court shall first find that the ward
33is likely to remain in the guardian’s care until the age of majority
34and that the ward is not likely to be returned to the custody of his
35or her parents. Upon making those findings, the court shall consider
36the petition and may grant the petition only if it finds that the
37proposed name change is in the best interest of the child.
38(e) This section shall remain in effect only until July 1, 2014,
39and as of that date is repealed, unless a later enacted statute, that
40is enacted before July 1, 2014, deletes or extends that date.
Section 1278 is added to the Code of Civil Procedure,
2to read:
(a) (1) Except as provided in subdivisions (c) and (d),
4the petition or application shall be heard at the time designated by
5the court, only if objections are filed by a person who can, in those
6objections, show to the court good reason against the change of
7name. At the hearing, the court may examine on oath any of the
8petitioners, remonstrants, or other persons touching the petition
9or application, and may make an order changing the name, or
10dismissing the petition or application, asbegin delete toend delete the court may seem
11right and proper.
12(2) If no objection is
filed at least two court days before the date
13set for hearing, the court may, without hearing, enter the order that
14the change of name is granted. If the petition seeks to conform the
15petitioner’s name to his or her gender identity and no objection is
16timely filed, the court shall grant the petition without a hearing.
17(b) If the provisions of subdivision (b) of Section 1277 apply,
18the court shall not disclose the proposed name unless the court
19finds by clear and convincing evidence that the allegations of
20domestic violence, stalking, sexual assault, or gender identity in
21the petition are false.
22(c) If the application for a change of name is brought as part of
23an action under the Uniform Parentage Act (Part 3 (commencing
24with Section 7600)
of Division 12 of the Family Code), the hearing
25on the issue of the change of name shall be conducted pursuant to
26statutes and rules of court governing those proceedings, whether
27the hearing is conducted upon an order to show cause or upon trial.
28(d) If the petition for a change of name is filed by a guardian
29on behalf of a minor ward, the court shall first find that the ward
30is likely to remain in the guardian’s care until the age of majority
31and that the ward is not likely to be returned to the custody of his
32or her parents. Upon making those findings, the court shall consider
33the petition and may grant the petition only if it finds that the
34proposed name change is in the best interest of the child.
35(e) This section shall become operative on July 1, 2014.
Section 103426 is added to the Health and Safety Code,
37to read:
The State Registrar shall issue a new birth certificate
39begin insert reflecting a change of sexend insert without a court order for any person
40born in this state who has undergone clinically appropriate
P11 1treatment for the purpose of gender transition and submits directly
2to the State Registrar the begin deletedocumentationend deletebegin insert affidavitend insert described in
3subdivision (a) of Section 103430begin insert that includes the signature and
4physician license number of a licensed physicianend insert.
Upon receipt of
5the documentation and the fee prescribed by Section 103725, the
6State Registrar shall establish a new birth certificate reflecting the
7person’s correct sex andbegin insert any change inend insert name,begin delete if applicable, begin insert if accompanied by a court order for a change of nameend insert.
8pursuant to subdivision (d) of Section 103430 and Sections 103440
9and 103445end delete
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96