HOUSE OF REPRESENTATIVES

H.B. NO.

412

TWENTY-SEVENTH LEGISLATURE, 2013

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CERTIFICATES OF BIRTH.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 338-17.7, Hawaii Revised Statutes, is amended to read as follows:

     "§338-17.7  Establishment of new certificates of birth, when.  (a)  The department of health shall establish, in the following circumstances, a new certificate of birth for a person born in this State who already has a birth certificate filed with the department and who is referred to below as the "birth registrant":

     (1)  Upon receipt of an affidavit of paternity, a court order establishing paternity, or a certificate of marriage establishing the marriage of the natural parents to each other, together with a request from the birth registrant, or the birth registrant's parent or other person having legal custody of the birth registrant, that a new birth certificate be prepared because previously recorded information has been altered pursuant to law;

     (2)  Upon receipt of a certified copy of a final order, judgment, or decree of a court of competent jurisdiction that determined the nonexistence of a parent and child relationship between a person identified as a parent on the birth certificate on file and the birth registrant;

     (3)  Upon receipt of a certified copy of a final adoption decree, or of an abstract of the decree, pursuant to sections 338-20 and 578-14;

     (4)  For changes in a birth registrant's gender designation:

          (A)  Upon receipt of an affidavit of a physician that the physician has examined the birth registrant and has determined the following:

        [(A)] (i)       The birth registrant's [sex] gender designation was entered incorrectly on the birth registrant's birth certificate; or

        [(B)] (ii) The birth registrant has had a [sex] gender change operation and the [sex] gender designation on the birth registrant's birth certificate is no longer correct; provided that the director of health may further investigate and require additional information that the director deems necessary; or

         (B)  Upon receipt of a certified copy of a Hawaii court order directing the department to change the birth registrant's gender designation.  The court order shall establish that there is medical evidence from the birth registrant's Hawaii-licensed personal physician, or a physician licensed in the United States who specializes in gender identity or gender reassignment, that supports a finding that the birth registrant has undergone hormonal or other treatment appropriate for that individual for the purpose of gender transition, or has an intersex condition, and that in the physician's opinion, the birth registrant's gender designation should be changed accordingly; and

         (C)  If the birth registrant is requesting a name change on the new certificate, upon receipt of an official copy of the legal name change document; or

     (5)  Upon request of a law enforcement agency certifying that a new birth certificate showing different information would provide for the safety of the birth registrant; provided that the new birth certificate shall contain information requested by the law enforcement agency, shall be assigned a new number and filed accordingly, and shall not substitute for the birth registrant's original birth certificate, which shall remain in place.

     (b)  When a new certificate of birth is established under this section, it shall be substituted for the original certificate of birth.  The new certificate of birth shall not be marked as having been amended and shall in no way reveal the original information changed by the amendment.  Thereafter, the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed.  [Such sealed document] The sealed documents shall be opened only by an order of a court of record."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2013.


 


 

Report Title:

Birth Certificate; Gender Designation

 

Description:

Establishes the documentation that is required when requesting the Department of Health to issue a new birth certificate with a gender designation change and addresses related confidentiality issues.  Effective July 1, 2013.  (HB412 HD1)

 

 

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