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