BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2013-2014 Regular Session AB 1951 (Gomez) As Amended May 1, 2014 Hearing Date: June 17, 2014 Fiscal: Yes Urgency: No NR SUBJECT Vital records: birth certificates DESCRIPTION This bill would require the State Registrar to modify the certificate of live birth to contain two lines that both read "Name of Parent" and contain, next to each parent's name, three check boxes with the options of "mother," "father," and "parent," and would make the relevant statute gender neutral where appropriate. This bill would also require that all local registrars, deputy registrars, and sub-registrars use the modified certificate of live birth, update all forms to incorporate the modification, and discard all forms in use before the modification. This bill would provide that these provisions become operative on January 1, 2016, and would make other conforming changes. BACKGROUND A birth certificate has always contained private personal information that is unique to the person who owns the certificate. For example, a birth certificate issued in California in the late 1960's indicates the name and sex of the newborn; whether the child was a single birth or one of multiple births; the date and hour of birth; the city and county of birth; the name, state of birth, and age of the mother; the name, state of birth, and age of the father; and, in the "second half" of the certificate, other health, social and medical information provided by the person filling out the form and by the attending doctor. The second section of information is kept confidential and is accessed only for "public health use." The (more) AB 1951 (Gomez) Page 2 of ? information required to be contained in a certificate is revised by the State Registrar based on recommendations by the Vital Statistics Advisory Committee every ten years. The information gathered from certificates of live birth is used to identify emerging health concerns and trends and to provide measures of health status that are used at the local, state, and federal levels. The information gathered also provides significant empirical medical and social data for government and policy-makers. The birth certificate also names the child's parent or parents. When a child is born to a male and female couple, the birth certificate poses no problems because they may write their names in the provided "mother" and "father" name fields. Children born to same sex couples, however, cannot accurately identify themselves or each parent's relationship to the child. Assembly Bill 205 (Goldberg, Ch. 421, Stats. 2003) established the California Domestic Partner Rights and Responsibilities Act which gave equal consideration to birth mothers with state-registered domestic partners. Then in 2007, the State Registrar revised the Certificate of Live Birth to be in compliance with AB 2580 (Goldberg, Ch. 947, Stats. 2004) which required all revised state-issued forms to be gender neutral. As a result, the "father" and "mother" name fields were revised to include "parent," so that the fields read: "mother/parent" and "father/parent." This bill, sponsored by Equality California, seeks to allow each parent to self-identify as a mother, father, or parent on a child's birth certificate, thereby allowing same sex couples to accurately identify each parent and his or her relationship to the child. This bill would also make changes to the relevant statute to ensure that the information collected for a birth certificate is gender neutral where appropriate. CHANGES TO EXISTING LAW Existing law provides the duties of the State Registrar including furnishing all forms for birth, death, fetal death, and marriage certificates. (Health & Saf. Code Sec. 102100 et seq.) Existing law requires information, including the following, to be included in the certificate of live birth: full name and sex of the child; date and place of birth, as specified; AB 1951 (Gomez) Page 3 of ? the name, birthplace, and birthdate of the mother and father; and name, title and address of attending physician. (Health & Saf. Code Sec. 102425(a).) Existing law requires specified social and medical information, including the following, to be on the certificate of live birth, provided that the information is kept confidential and is clearly labeled "Confidential Information for Public Health Use Only:" birth weight; pregnancy history, as specified; race and ethnicity of the mother and father; education level of mother and father; mother's and father's occupations; and principal source of payment for prenatal care. (Health & Saf. Code Sec. 102425(b).) Existing law provides that if a parent objects to furnishing information about his or her race, ethnicity, occupation, or the hearing screen results for his or her infant, that information is not required to be entered on that portion of the certificate of live birth. (Health & Saf. Code Sec. 102150.) This bill would revise and recast the required information for the live certificate of birth to make the requirements gender neutral where appropriate. This bill would require the State Department of Vital Statistics to modify the certificate of live birth to do both of the following with regard to identification of the parents: contain two lines that both read "name of parent;" and contain, next to each parent's name, three checkboxes to choose from with the following options to describe the parent's relationship to the child: (1) mother; (2) father; and (3) parent. This bill would require all local registrars, deputy registrars, and sub-registrars to update forms to incorporate the above modifications and to discard all forms previously in use. This bill would delay the operative date of the above two provisions until January 1, 2016. COMMENT 1.Stated need for the bill AB 1951 (Gomez) Page 4 of ? According to the sponsor: Birth certificates establish real rights and responsibilities for all parents and children. The recognition of legal parenthood gives a child the right of support from his or her parents as well as access to health insurance, benefits, and inheritance rights. Birth certificates are also widely used as identity documents for numerous purposes, including proving age, obtaining other forms of government identification, and demonstrating eligibility for employment. Current birth certificates in California designate the parent(s) of a child as "mother/ parent" and "father/parent." Some counties in California still use remaining copies of older birth certificate forms that designate parents as just "mother" and "father," regardless of the gender(s) of the parent(s). These designations are confusing, often inaccurate, and do not reflect the realities of modern families. AB 1951 would require the Department of Public Health to modify birth certificates to allow parents to self-designate as "father," "mother," or "parent." This would make it possible for birth certificates to reflect accurately families with two mothers and two fathers, as well as creating a gender-neutral "parent" option. 2.Updating certificate of live birth as proposed under this bill in line with laws regarding parentage This bill would allow parents to self-designate gender and relationship to a child on the child's birth certificate. Questions have been raised as to how this would affect the existing parentage framework in California. The Uniform Parentage Act (UPA), provides a number of ways a person may be legally considered a parent of a child, or establish a parent and child relationship. These presumptions of parentage can arise by nature of giving birth, a biological connection to the child, because of one's marital status, or a person's status as a domestic partner. California law also presumes that a person is a parent if he or she has received a child into his or her AB 1951 (Gomez) Page 5 of ? home and has openly held that child out as his or her own, and allows a man who signs a voluntary declaration of paternity to be presumed a legal father. (Fam. Code. Secs. 7573, 7574, 7611.) Subsequent to its enactment, the UPA has been interpreted by the courts to apply neutrally regarding gender, and has been used to determine parentage in cases with surrogates and donors of genetic material. (See e.g., Elisa B. v. Superior Court (2005) 37 Cal.4th 108; Johnson v. Calvert (1993) 5 Cal.4th 84; K.M. v. E.G. (2005) 37 Cal.4th 130.) Last year, the Legislature enacted AB 1403 (Assembly Judiciary Committee, Ch. 510, Stats. 2013) which updated statutory terms within the UPA to conform with case law and other statutory provisions. Thus, courts are familiar with the process of determining parentage in same-sex situations, and gender is typically not part of the analysis. Even in situations where a gestational carrier (i.e., surrogate) gives birth to a child, it is the intended parents whose names go on the birth certificate, not the surrogate. Accordingly, allowing a parent to self-designate his or her gender and/or relationship on a birth certificate will not affect a parentage determination, nor will the production of birth certificate with same-sex parents or a gender-neutral "parent" designation. In support of this bill, the Williams Institute writes: Census 2010 data show that there are more than 98,000 same-sex couples in California, of whom approximately 15,700 are raising children under age 18. Data from the 2011-2012 California Health Interview Survey suggest that, in addition to these same-sex couples, an estimated 45,000 single lesbian, gay, and bisexual (LGB) Californians are raising children under age 18. LGB Californians raising children reflect the racial and ethnic diversity of the state. More than a third (34 percent) are Latino or Latina, 11 percent are African-American, and 12 percent are Asian or Pacific Islanders. More than one in ten (11 percent) LGB Californians raising children live in a rural part of the state. Research shows that children of same-sex couples are thriving. Across a variety of measures, the children are doing as well as their peers raised by different-sex parents. They are happy, healthy, psychologically well-adjusted, perform well in school, and have good relationships with their parents. AB 1951 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. This change AB 1951 (Gomez) Page 6 of ? would be consistent with the multitude of California laws that grant equal parenting rights to same-sex co-parents. 3.Does not alter confidential information collected by Department of Vital Statistics Existing law requires a parent or parents to give specified information when a child is born. Some of the information (e.g., name and sex of child; names and addresses of parents) is included on the child's birth certificate. Other information (e.g., the race, occupation, and education of the parents; medical information about the child; information about the mother's pregnancy history) is confidential and used for public health purposes. Certain information (e.g., the parent's race, ethnicity, and occupation), may be withheld by the parent if he or she chooses not to furnish it. (Health & Saf. Code Sec. 102150.) The Health and Safety Code was amended nearly a decade ago to require the state to collect information related to hearing screen results, but the corresponding code section was not updated, thereby creating confusion as to what information is voluntary and what is mandatory. (See AB 1278, Emmerson, Ch. 430, Stats. 2005.) The following amendments would appropriately exempt a parent's education level, instead of the child's hearing screen results, from the information required to be collected at the time of birth. The amendments would also include the "voluntary" items in the same code section, thereby eliminating any confusion as to what information a parent is required to give, and what information may be given on a voluntary basis. Author's amendments: 1. Page 3, line 22 after "(4)" insert " If applicable, the full name of the birth mother, birthplace, date of birth including day, month, and year, and" 2. Page 4, after line 10 insert "(c) When objection is made by either parent to the furnishing of information requested in items (3), (10), and (11) in the confidential portion of the certificate of live birth, specified in subdivision (b) of Section 102425, this information shall not be required to be entered on that portion of the certificate of live birth. AB 1951 (Gomez) Page 7 of ? (d) A parent is not required to disclose his or her social security number as required by paragraph (14) of subdivision (b) of Section 102425 if the parent has good cause for not disclosing his or her social security number. Good cause shall be defined by regulations adopted by the State Department of Social Services. " 3. Repeal Health & Safety Code Section 102150. 4.Opposition's concerns In opposition, the Pacific Justice Institute argues that this bill advances neither parental nor constitutional rights. The Pacific Justice Institute writes, " We urge you to reconsider the effects that this redefinition of family and state-sanctioned self-identification of parents will have on all Californians-not just LGBT lobbyists." Staff notes that this bill would not change existing parentage laws or the information that is collected for public health purposes, but would simply revise the statutory code provision dealing with those requirements to be gender neutral where appropriate. In addition to providing same-sex couples with the opportunity to self-identify, thereby creating accurate birth certificates, this bill would provide necessary clarification to couples using a surrogate which are used by same-sex and opposite-sex couples alike. Support : American Academy of Pediatrics, California; American Civil Liberties Union; American Federation of State, County and Municipal Employees, (AFSCME, AFL-CIO); California Association of Marriage and Family Therapists; California Coalition for Youth; California Communities United Institute; California Psychological Association; City and County of San Francisco; City of Los Angeles; City of West Hollywood; Courage Campaign; Executive Committee of the Family Law Section of the State Bar (FLEXCOM); Eric Garcetti, Mayor, City of Los Angeles; Gay & Lesbian Center; Gay and Lesbian Community Services Center of Orange County; Glover-Silva Foster Family Home; Growing Generations; Steve Hansen, Sacramento City Councilmember, District Four; L.A. Gay & Lesbian Center; LGBT Community Center of the Desert; National Association of Social Workers - California Chapter; National Center for Lesbian Rights; Our AB 1951 (Gomez) Page 8 of ? Family Coalition; Planned Parenthood of California; Sacramento LGBT Community Center; Stonewall Democratic Club; The Williams Institute; Transgender Law Center; numerous individuals Opposition : California Right to Life Committee; Pacific Justice Institute HISTORY Source : Equality California Related Pending Legislation : None Known Prior Legislation : SB 1403 (Assembly Judiciary Committee, Chapter 510, Statutes of 2013) made technical and clarifying changes to the Uniform Parentage Act (UPA) to codify case law, and make the Act's provisions gender neutral where appropriate. SB 115 (Hill) would clarify that any interested party may bring an action for the purpose of determining a parent and child relationship at any time. This bill was held in the Assembly Judiciary Committee. AB 2580 (Goldberg, Chapter 947, Statutes of 2004) See Background. Assembly Bill 205 (Goldberg, Chapter 421, Statutes of 2003) See Background. Prior Vote : Assembly Floor (Ayes 53, Noes 14) Assembly Appropriations Committee (Ayes 13, Noes 4) Assembly Health Committee (Ayes 16, Noes 1) **************