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  
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          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;
                                                                      



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           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
                                                                      



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          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  
                                                                      



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          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  
                                                                      



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            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. 

                                                                      



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               (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  
                                                                      



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          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)

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