Amended in Assembly May 1, 2014

Amended in Assembly March 25, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1951


Introduced by Assembly Member Gomez

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(Coauthors: Assembly Members Ammiano, Eggman, Garcia, Gordon, Skinner, and Ting)

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(Coauthor: Senator Lara)

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February 19, 2014


An act to amend Section 102425 of, and to add Section 102425.1 to, the Health and Safety Code, 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 contain 2 lines that both read “Name of Parent” 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 child. 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 provide that these provisions become operative on January 1, 2016.end insert The bill would make conforming changes.

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

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

P2    1

SECTION 1.  

Section 102425 of the Health and Safety Code
2 is amended to read:

3

102425.  

(a) The certificate of live birth for any live birth
4occurring on or after January 1, 1980, shall contain those items
5necessary to establish the fact of the birth and shall contain only
6the following information:

7(1) Full name and sex of the child.

8(2) Date of birth, including month, day, hour, and year.

9(3) Place of birth.

10(4) Full name, birthplace, and date of birth of each parent,
11including month, day, and year, and the relationship of the parent
12to the child.

13(A) The full name of the mother shall be the birth name of the
14mother.

15(B) If the parents are not married to each other, the father’s
16name shall not be listed on the birth certificate unless the father
17and the mother sign a voluntary declaration of paternity at the
18hospital before the birth certificate is prepared. The birth certificate
19may be amended to add the father’s name at a later date only if
20paternity for the child has been established by a judgment of a
21court of competent jurisdiction or by the filing of a voluntary
22declaration of paternity.

23(5) Multiple births and birth order of multiple births.

P3    1(6) Signature, and relationship to the child, of a parent or other
2informant, and date signed.

3(7) Name, title, and mailing address of the attending physician
4and surgeon or principal attendant, signature, and certification of
5live birth by the attending physician and surgeon or principal
6attendant or certifier, date signed, and name and title of the certifier
7if other than the attending physician and surgeon or principal
8attendant.

9(8) Date accepted for registration and signature of local registrar.

10(9) A state birth certificate number and local registration district
11and number.

12(10) A blank space for entry of the date of death with a caption
13reading “Date of Death.”

14(b) In addition to the items listed in subdivision (a), the
15certificate of live birth shall contain the following medical and
16social information, provided that the information is kept
17confidential pursuant to Sections 102430 and 102447 and is clearly
18labeled “Confidential Information for Public Health Use Only”:

19(1) Birth weight.

20(2) Pregnancy history.

21(3) Race and ethnicity of each parent.

22(4) Residence address of the birth mother.

23(5) A blank space for entry of census tract for the birth mother’s
24address.

25(6) Date of first prenatal care visit, the number of prenatal care
26visits, and commencing January 1, 2007, the date of last prenatal
27care visit.

28(7) Date of last normal menses and, commencing January 1,
292007, an obstetric estimate of completed weeks of gestation at
30delivery.

31(8) Description of complications and procedures of pregnancy
32and concurrent illnesses, congenital malformation, and any
33complication or procedure of labor and delivery, including surgery,
34provided that this information is essential medical information and
35appears in total on the face of the certificate.

36(9) Commencing January 1, 2007, hearing screen results.

37(10) Each parent’s occupations and kind of business or industry.

38(11) Education level of each parent.

39(12) Principal source of payment for prenatal care, which shall
40include the following: Medi-Cal, private insurance, self-pay, other
P4    1sources, and any other categories as may be determined by the
2State Department of Public Health.

3(13) Expected principal source of payment for delivery, which
4shall include the following: Medi-Cal, private insurance, self-pay,
5other sources, and any other categories as may be determined by
6the State Department of Public Health.

7(14) An indication of whether or not the child’s parent desires
8the automatic issuance of a social security number to the child.

9(15) On and after January 1, 1995, the social security numbers
10of each parent, unless subdivision (b) of Section 102150 applies.

11(c) Paragraph (8) of subdivision (b) shall be completed by the
12attending physician and surgeon or the attending physician and
13surgeon’s designated representative. The names and addresses of
14children born with congenital malformations who require followup
15treatment, as determined by the child’s physician and surgeon,
16shall be furnished by the physician and surgeon to the local health
17officer, if permission is granted by either parent of the child.

18(d) The parent shall only be asked to sign the form after both
19the public portion and the confidential medical and social
20information items have been entered upon the certificate of live
21birth.

22(e) (1) The State Registrar shall instruct all local registrars to
23collect the information specified in this section with respect to
24certificates of live birth. The information shall be transcribed on
25the certificate of live birth in use at the time and shall be limited
26to the information specified in this section.

27(2) Information relating to concurrent illnesses, complications
28and procedures of pregnancy and delivery, and congenital
29malformations shall be completed by the physician and surgeon,
30or the physician and surgeon’s designee, who shall insert in the
31space provided on the confidential portion of the certificate the
32 appropriate number or numbers listed on the VS-10A supplemental
33worksheet. The VS-10A supplemental form shall be used as a
34worksheet only and shall not in any manner be linked with the
35identity of the child or the birth mother, nor submitted with the
36certificate to the State Registrar. All information transferred from
37the worksheet to the certificate shall be fully explained to the parent
38or other informant prior to the signing of the certificate. Questions
39relating to drug or alcohol abuse shall not be asked.

P5    1(f) (1) The Vital Statistics Advisory Committee, in accordance
2with Section 102465, shall conduct a review of the contents of the
3certificate of live birth to coincide with decennial revisions by the
4National Center for Health Statistics to the United States Standard
5Certificate of Live Birth. The Vital Statistics Advisory Committee
6shall make recommendations to the State Registrar regarding the
7adoption of modifications to the state certificate of live birth that
8are similar to those made to the federal certificate.

9(2)  Notwithstanding Section 102470, the State Registrar shall
10review the Vital Statistics Advisory Committee recommendations
11and, at the State Registrar’s discretion, shall submit to the
12Legislature, for approval, additions or deletions to the certificate
13of live birth.

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SEC. 2.  

Section 102425.1 is added to the Health and Safety
15Code
, to read:

16

102425.1.  

(a) Notwithstanding Sections 102465 and 102470,
17the State Registrar of Vital Statistics, with regard to identification
18of the parents, shall modify the certificate of live birth to do both
19of the following:

20(1) Contain two lines that both read “Name of Parent.”

21(2) Contain, next to each parent’s name, three checkboxes to
22choose from with the following options to describe the parent’s
23relationship to the child:

24(A) Mother.

25(B) Father.

26(C) Parent.

27(b) (1) The certificate of live birth, as described in subdivision
28(a), shall be used by all local registrars, deputy registrars, and
29subregistrars.

30(2) The local registrars, deputy registrars, and subregistrars shall
31update all forms to incorporate the modification and discard all
32forms in use before the modification described in subdivision (a).

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33(c) This section shall become operative on January 1, 2016.

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