BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1951
                                                                  Page  1

          Date of Hearing:  April 8, 2014

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
                    AB 1951 (Gomez) - As Amended:  March 25, 2014
           
          SUBJECT  :  Vital records: birth certificates.

           SUMMARY  :  Requires the State Registrar to modify birth  
          certificates to recognize same-sex couples, allowing for a  
          gender neutral option on the certificate identifying a "parent."  


           EXISTING LAW  :  

          1)Proscribes the duties of the State Registrar, including, but  
            not limited to, furnishing all forms for birth, death, fetal  
            death, and marriage certificates.

          2)Requires the State Registrar to appoint a Vital Statistics  
            Advisory Committee with the following duties:

             a)   To make recommendations to the State Registrar as to the  
               adequacy of procedures to assure accuracy and  
               confidentiality of personal health and medical information;

             b)   To review the findings of the Committee for the  
               Protection of Human Subjects (CPHS); 

             c)   To assure that all research conducted using the data  
               from birth certificates is consistent with guidelines  
               provided by CPHS; 

             d)   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 to advise the State  
               Registrar on the content and format of the certificate;  
               and,

             e)   To take testimony and make recommendations to the State  
               Registrar regarding changes in the birth registration  
               system.

           FISCAL EFFECT  :  This bill has not been analyzed by a fiscal  
          committee.








                                                                  AB 1951
                                                                  Page  2


           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  According to the author, the current  
            practice in completing a birth certificate limits the choices  
            for a same-sex couple, forcing same-sex parents to  
            inaccurately place one of their names in the "Father" or  
            "Mother" field.  The author further states that this bill will  
            allow same-sex parents to accurately identify each parent as  
            Mother, Father, or Parent in check boxes, allowing for birth  
            certificates to reflect two mothers or two fathers, as well as  
            a gender-neutral parent option.

           2)BACKGROUND  .  The vital records system was initially  
            established to record births, fetal deaths, and deaths  
            occurring in California.  In addition to documenting these  
            vital events, the statistical data derived from these records  
            is used to develop a health status profile for the State.  The  
            purpose of the vital records system is twofold:  a) to  
            establish a permanent record that is legally recognized, and;  
            b) to provide a means for studying the statistical data for  
            health evaluation and planning purposes.

            In 2005, the State Registrar began allowing State Registered  
            Domestic Partners (SRDPs) to be added to the birth certificate  
            pursuant to the California Domestic Partner Rights and  
            Responsibilities Act of 2003 (AB 205 (Goldberg, Kehoe, Koretz,  
            Laird, and Leno), Chapter 421, Statutes of 2003).  Based on  
            this legislation, same-sex parents in a SRDP could add their  
            names to the mother and father name fields.  The birth mother  
            was asked at the time of birth if she was married or in a  
            state-registered domestic partnership.  If the mother replied  
            yes, then the father's name field was opened and she could add  
            the name.  If the mother replied no that she is not married  
            and/or in a SRDP, then the paternity laws (for unmarried  
            parents) went into effect and the parents were required to  
            sign paternity papers to add the father's name.  These are the  
            same rules Department of Public Health-Vital Records (DPH-VR)  
            currently uses to add the father/parent's name to the birth  
            certificate.    
              
            In 2007, the State Registrar revised the California  
            Certificate of Live Birth to be in compliance with AB 258  
            (Goldberg), Chapter 947, Statutes of 2004, which requires all  
            revised state-issued forms be gender neutral.  Based on this  








                                                                  AB 1951
                                                                  Page  3

            section of law, the father and mother name fields were updated  
            to include "/Parent," for example "Father/Parent" and  
            "Mother/Parent."  Same-sex parents were then no longer  
            required to add a slash (/) in front of their first name on  
            the birth certificate.  According to 2010 United States Census  
            Bureau statistics there are 594,000 same sex-couple  
            households, 115,000 of which reported having a child, 90,023  
            of which are in California.

            In the case of adoptions, for a child born in California, the  
            Court Report of Adoption is forwarded to DPH-VR and a new  
            birth certificate is prepared and mailed to the parents.  If  
            the child was born in another state, DPH-VR forwards the Court  
            Report of Adoption to the vital records office in the state of  
            birth so they can prepare the new birth certificate.

           3)SUPPORT  .  Equality California, the sponsor of the bill writes  
            that it will allow same-sex couples to eliminate inaccurate  
            designations on California birth certificates, stating that  
            the current forms that designate parents as just "mother" and  
            "father," regardless of the gender of the parent are  
            confusing, often inaccurate, and do not reflect the realities  
            of modern families. 

            The Gay & Lesbian Center states in support of this bill that,  
            as it currently stands, the California birth certificate has  
            room to write only the names of a father and mother and this  
            limited option forces two mothers or two fathers to write one  
            parent's name in a field that does not accurately describe his  
            or her relationship to the child, nor does this option  
            properly respect same-sex relationships.

            The Williams Institute supports the bill and writes that it  
            would benefit same-sex couples and their children by ensuring  
            that both parents can be recognized as mothers and fathers on  
            their children's birth certificates, and that this change  
            would be consistent with the multitude of California laws that  
            grant equal parenting rights to same-sex co-parents.















                                                                  AB 1951
                                                                  Page  4

           4)RELATED LEGISLATION  .  

             a)   AB 2275 (Ridley-Thomas) would authorize the State  
               Registrar, local registrar, or county recorder to accept  
               requests for birth certificates via email.  AB 2275 is  
               currently pending in the Assembly Health Committee.

             b)   AB 2528 (Skinner) would require the State Registrar to  
               ensure that diacritical marks on English letters are  
               properly recorded on birth certificates.  AB 2528 is  
               currently pending in the Assembly Health Committee.

           5)PREVIOUS LEGISLATION  .  

             a)   AB 205 establishes the California Domestic Partner  
               Rights and Responsibilities Act, which gives equal  
               consideration to birth mothers with state-registered  
               domestic partners.

             b)   AB 258  provides notice to state agencies that in the  
               usual course of reviewing and revising all public-use forms  
               referring to or using the terms spouse, husband, wife,  
               father, mother, marriage, or marital status, appropriate  
               references to state-registered domestic partnership are to  
               be included.  

           6)SUGGESTED AMENDMENT  .  Some of the most important information  
            about the health of Californians comes from vital records,  
            such as leading causes of death, low birth weight babies, and  
            the mother's access to prenatal care.  Vital records data are  
            used throughout the state and nation for analysis of health  
            trends, program planning, and policy development.  This data  
            is collected by identifying the birth mother of the infant on  
            the birth certificate, and identifying the birth mother as  
            parent could hinder the use of this data.  The author may want  
            to consider amending this bill to allow DPH to adopt any  
            regulations necessary to implement this bill, with the goal of  
            maintaining the integrity of vital statistics data collected  
            on the confidential portion of the birth certificate.

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           Equality California (sponsor)
          Eric Garcetti, Mayor, City of Los Angeles








                                                                  AB 1951
                                                                 Page  5

          Steve Hansen, Sacramento City Councilmember, District Four
          American Civil Liberties Union
          American Federation of State, County and Municipal Employees,  
          (AFL-CIO)
          California Coalition for Youth
          California Communities United Institute
          California Psychological Association
          City of Los Angeles
          City of West Hollywood
          Courage Campaign
          Gay & Lesbian Center
          Glover-Silva Foster Family Home
          Growing Generations
          L.A. Gay & Lesbian Center
          National Association of Social Workers - California Chapter
          National Center for Lesbian Rights
          Our Family Coalition
          Planned Parenthood of California
          Sacramento LGBT Community Center
          Stonewall Democratic Club
          The Williams Institute
          Transgender Law Center
          Numerous Individuals

           Opposition 

           None on file.
           
          Analysis Prepared by  :    Lara Flynn / HEALTH / (916) 319-2097