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Colorado Rights Blog

HB17-1122: Gender Identification On Birth Certificates

LGBT Equality
Bill Number: HB17-1122
Year: 2017
ACLU Position: Active Support
Sponsors: D. Esgar / D. Moreno

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 2017 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 the person’s legal
representative 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 from a medical or mental health care provider
licensed in good standing stating that the person has
undergone treatment appropriate for that person for the
purpose of gender transition 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 certain persons if the law in another
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 (03/27/2017)
Introduced In Senate - Assigned to State, Veterans, & Military Affairs (03/17/2017)
House Third Reading Passed - No Amendments (03/15/2017)
Introduced In House - Assigned to Judiciary (01/24/2017)



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