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Colorado Rights Blog

HB16-1185: Gender Identification On Birth Certificates

LGBT Equality
Bill Number: HB16-1185
Year: 2016
ACLU Position: Support
Sponsors: D. Moreno / J. Ulibarri

Description:

Under current law, a person born in Colorado who seeks a new
birth certificate from the registrar of vital statistics (state registrar) to
reflect a change in gender designation must obtain a court order
indicating that the sex of the person has been changed by surgical
procedure and ordering that the gender designation on the birth certificate
be amended, and the person must obtain a court order with a legal name
change. The bill repeals that provision and creates new requirements for
the issuance of birth certificates in cases of changes to gender
designation.
Under the bill, known as the 2016 Birth Certificate Modernization
Act, the state registrar shall issue a new birth certificate with a different
gender designation to a person who was born in this state when the state
registrar receives:
• A written request from the person, or from his or her
parents, if the person is a minor, or from the person’s
guardian or legal representative, signed under penalty of
law, requesting a new birth certificate with a gender
designation that differs from the gender designated on the
person’s original birth certificate; and
• A statement, signed under penalty of law, from a medical
or mental health care provider licensed in good standing in
Colorado or in another jurisdiction, stating that the person
has undergone surgical, hormonal, or other treatment
appropriate for that person for the purpose of gender
transition, based on contemporary medical standards, or
stating that the person has an intersex condition, and that in
the provider’s professional opinion the person’s gender
designation should be changed accordingly.
The bill requires that the state registrar issue a new birth certificate
rather than an amended birth certificate. The bill allows a person who has
previously obtained an amended birth certificate under previous versions
of the law to apply to receive a new birth certificate.
A person is not required to obtain a court order for a legal name
change in order to obtain a new birth certificate with a change in gender
designation. The bill creates a process for a person to update the person’s
name on a birth certificate at other times than the issuance of the new
birth certificate.
The state registrar is prohibited from requesting additional medical
information but is authorized to contact the medical or mental health
provider to verify the provider’s statement. The courts in this state are
given jurisdiction to issue a decree to amend a birth certificate to reflect
a change in gender designation for a person who is a resident of this state
and was born in another state or in a foreign jurisdiction if the law in the
other state or foreign jurisdiction requires a court decree in order to
amend a birth certificate to reflect a change in gender designation.


Current Status:

Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (03/21/2016)



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