Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1951


Introduced by Assembly Member Gomez

February 19, 2014


An actbegin insert to amend Section 102425 of, and to add Section 102425.1 to, the Health and Safety Code,end insert relating to vital records.

LEGISLATIVE COUNSEL’S DIGEST

AB 1951, as amended, Gomez. Vital records: birth certificates.

Existing law prescribes the duties of the State Registrar of Vital Statistics and local registrars of births and deaths with respect to the registration of a live birth. Under existing law, a certificate of live birth is required to contain, among other things, the full name, birthplace, and date of birth of both the father and mother of a child, except as provided.

Existing law provides for the Vital Statistics Advisory Committee, which, among other things, is required to review and make recommendations to the State Registrar as to proposals for addition or deletion of items on the certificate of live birth and advise the State Registrar on the content and format of the certificate. Existing law requires the State Registrar to publish within 30 days of receipt of recommendations by the committee, both a list of the recommendations adopted and a list of the recommendations not adopted, with reasons for the action.

This bill would instead require the State Registrar, with regard to identification of the parents, to modify the certificate of live birth to containbegin delete one line that reads Father/Mother/Parent 1 and another line that reads Father/Mother/Parentend delete 2begin insert end insertbegin insertlines that both read “Name of Parent”end insertbegin insert and contain, next to each parent’s name, 3 check boxes with the options of mother, father, and parent to describe the parent’s relationship to the childend insert. The bill would require the State Registrar to submit a report to the Legislature regarding the modification within 30 days of the action. The bill would also require that all local registrars, deputy registrars, and subregistrars use the modified certificate of live birth, update all forms to incorporate the modification, and discard all forms in use before the modification.begin insert The bill would make conforming changes.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete
P2    1

SECTION 1.  

(a) Notwithstanding Sections 102465 and 102470
2of the Health and Safety Code, the State Registrar of Vital
3Statistics, with regard to identification of the parents, shall modify
4the certificate of live birth to contain one line that reads
5Father/Mother/Parent 1 and another line that reads
6Father/Mother/Parent 2.

7(b) Notwithstanding Section 102470 of the Health and Safety
8Code, the State Registrar shall submit a report to the Legislature
9regarding the modification within 30 days of the action.

10(c) A report to be submitted pursuant to subdivision (b) shall
11be submitted in compliance with Section 9795 of the Government
12Code.

13(d) (1) The certificate of live birth, as described in subdivision
14(a), shall be used by all local registrars, deputy registrars, and
15subregistrars.

16(2) The local registrars, deputy registrars, and subregistrars shall
17update all forms to incorporate the modification and discard all
18forms in use before the modification described in subdivision (a).

end delete
19begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 102425 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
20amended to read:end insert

21

102425.  

(a) The certificate of live birth for any live birth
22occurring on or after January 1, 1980, shall contain those items
23necessary to establish the fact of the birth and shall contain only
24the following information:

25(1) Full name and sex of the child.

26(2) Date of birth, including month, day, hour, and year.

27(3) Place of birth.

P3    1(4) Full namebegin delete of the fatherend delete, birthplace, and date of birth ofbegin delete the
2fatherend delete
begin insert each parent,end insert including month, day, and yearbegin insert, and the
3relationship of the parent to the childend insert
.begin delete Ifend delete

begin insert

4(A) The full name of the mother shall be the birth name of the
5mother.

end insert

6begin insert(B)end insertbegin insertend insertbegin insertIfend insert the parents are not married to each other, the father’s name
7shall not be listed on the birth certificate unless the father and the
8mother sign a voluntary declaration of paternity at the hospital
9before the birth certificate is prepared. The birth certificate may
10be amended to add the father’s name at a later date only if paternity
11for the child has been established by a judgment of a court of
12competent jurisdiction or by the filing of a voluntary declaration
13of paternity.

begin delete

14(5) Full birth name of the mother, birthplace, and date of birth
15of the mother including month, day, and year.

end delete
begin delete

16(6)

end delete

17begin insert(5)end insert Multiple births and birth order of multiple births.

begin delete

18(7)

end delete

19begin insert(6)end insert Signature, and relationship to the child, of a parent or other
20informant, and date signed.

begin delete

21(8)

end delete

22begin insert(7)end insert Name, title, and mailing address of the attending physician
23and surgeon or principal attendant, signature, and certification of
24live birth by the attending physician and surgeon or principal
25attendant or certifier, date signed, and name and title of the certifier
26if other than the attending physician and surgeon or principal
27attendant.

begin delete

28(9)

end delete

29begin insert(8)end insert Date accepted for registration and signature of local registrar.

begin delete

30(10)

end delete

31begin insert(9)end insert A state birth certificate number and local registration district
32and number.

begin delete

33(11)

end delete

34begin insert(10)end insert A blank space for entry of the date of death with a caption
35reading “Date of Death.”

36(b) In addition to the items listed in subdivision (a), the
37certificate of live birth shall contain the following medical and
38social information, provided that the information is kept
39confidential pursuant to Sections 102430 and 102447 and is clearly
40labeled “Confidential Information for Public Health Use Only”:

P4    1(1) Birth weight.

2(2) Pregnancy history.

3(3) Race and ethnicity ofbegin delete the mother and fatherend deletebegin insert each parentend insert.

4(4) Residence address of thebegin insert birthend insert mother.

5(5) A blank space for entry of census tract for thebegin insert birthend insert mother’s
6address.

7(6) Date of first prenatal care visit, the number of prenatal care
8visits, and commencing January 1, 2007, the date of last prenatal
9care visit.

10(7) Date of last normal menses and, commencing January 1,
112007, an obstetric estimate of completed weeks of gestation at
12delivery.

13(8) Description of complications and procedures of pregnancy
14and concurrent illnesses, congenital malformation, and any
15complication or procedure of labor and delivery, including surgery,
16provided that this information is essential medical information and
17appears in total on the face of the certificate.

18(9) Commencing January 1, 2007, hearing screen results.

19(10) begin deleteMother’s and father’s end deletebegin insertEach parent’s end insertoccupations and kind
20of business or industry.

21(11) Education level ofbegin delete the mother and fatherend deletebegin insert each parentend insert.

22(12) Principal source of payment for prenatal care, which shall
23include the following: Medi-Cal, private insurance, self-pay, other
24sources, and any other categories as may be determined by the
25State Department ofbegin insert Publicend insert Healthbegin delete Servicesend delete.

26(13) Expected principal source of payment for delivery, which
27shall include the following: Medi-Cal, private insurance, self-pay,
28other sources, and any other categories as may be determined by
29the State Department ofbegin insert Publicend insert Healthbegin delete Servicesend delete.

30(14) An indication of whether or not the child’s parent desires
31the automatic issuance of a social security number to the child.

32(15) On and after January 1, 1995, the social security numbers
33ofbegin delete the mother and fatherend deletebegin insert each parentend insert, unless subdivision (b) of
34Section 102150 applies.

35(c) Paragraph (8) of subdivision (b) shall be completed by the
36attending physician and surgeon or the attending physician and
37surgeon’s designated representative. The names and addresses of
38children born with congenital malformations who require followup
39treatment, as determined by the child’s physician and surgeon,
P5    1shall be furnished by the physician and surgeon to the local health
2officer, if permission is granted by either parent of the child.

3(d) The parent shall only be asked to sign the form after both
4the public portion and the confidential medical and social
5information items have been entered upon the certificate of live
6birth.

7(e) begin insert(1)end insertbegin insertend insertThe State Registrar shall instruct all local registrars to
8collect the information specified in this section with respect to
9certificates of live birth. The information shall be transcribed on
10the certificate of live birth in use at the time and shall be limited
11to the information specified in this section.

begin delete

12Information

end delete

13begin insert(2)end insertbegin insertend insertbegin insertInformation end insertrelating to concurrent illnesses, complications
14and procedures of pregnancy and delivery, and congenital
15malformations shall be completed by the physician and surgeon,
16or the physician and surgeon’s designee, who shall insert in the
17space provided on the confidential portion of the certificate the
18 appropriate number or numbers listed on the VS-10A supplemental
19worksheet. The VS-10A supplemental form shall be used as a
20worksheet only and shall not in any manner be linked with the
21identity of the child or thebegin insert birthend insert mother, nor submitted with the
22certificate to the State Registrar. All information transferred from
23the worksheet to the certificate shall be fully explained to the parent
24or other informant prior to the signing of the certificate.begin delete No
25questionsend delete
begin insert Questionsend insert relating to drug or alcohol abusebegin delete mayend deletebegin insert shall
26notend insert
be asked.

27(f) (1) The Vital Statistics Advisory Committee, in accordance
28with Section 102465, shall conduct a review of the contents of the
29certificate of live birth to coincide with decennial revisions by the
30National Center for Health Statistics to the United States Standard
31Certificate of Live Birth. The Vital Statistics Advisory Committee
32shall make recommendations to the State Registrar regarding the
33adoption of modifications to the state certificate of live birth that
34are similar to those made to the federal certificate.

35(2)  Notwithstanding Section 102470, the State Registrar shall
36review the Vital Statistics Advisory Committee recommendations
37and, at the State Registrar’s discretion, shall submit to the
38Legislature, for approval, additions or deletions to the certificate
39of live birth.

P6    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 102425.1 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert102425.1.end insert  

(a) Notwithstanding Sections 102465 and 102470,
4the State Registrar of Vital Statistics, with regard to identification
5of the parents, shall modify the certificate of live birth to do both
6of the following:

7(1) Contain two lines that both read “Name of Parent.”

8(2) Contain, next to each parent’s name, three checkboxes to
9choose from with the following options to describe the parent’s
10relationship to the child:

11(A) Mother.

12(B) Father.

13(C) Parent.

14(b) Notwithstanding Section 102470, the State Registrar shall
15submit a report to the Legislature regarding the modification
16within 30 days of the action.

17(c) A report to be submitted pursuant to subdivision (b) shall
18be submitted in compliance with Section 9795 of the Government
19Code.

20(d) (1) The certificate of live birth, as described in subdivision
21(a), shall be used by all local registrars, deputy registrars, and
22subregistrars.

23(2) The local registrars, deputy registrars, and subregistrars
24shall update all forms to incorporate the modification and discard
25all forms in use before the modification described in subdivision
26(a).

end insert


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