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B tags

AB 433, Vital Statistics Modernization ActFrequently Asked Questions

What is the current law regarding court ordered gender changes and new birthcertificates?Since the 1970s California has had a law allowing transgender people to (1) obtain a court order recognizing a change of gender and (2) obtain a new birth certificate reflecting who they truly are. Unfortunately this law contains numerous procedural barriers that make this process onerous and confusing.What does AB 433, the Vital Statistics Modernization Act do?The Vital Statistics Modernization Act makes a number of procedural changes to make the process for getting a court order gender change and new birth certificate more accessible. Those changes include:Clarifying that eligible petitioners living or born in California can submit a gender change petition in the State of California. This codifies a unanimous 2009 California Court of Appeal decision on this issue, Somers v Superior Court. Accordingly, this is not a change in a law, rather it makes the law clear to potential petitioners.Making clear that the law allows for both a court order recognition of a change of gender for any California resident AND issuance of a new birth certificate for a petition born in California. Again, this is not a change in the law but simply a cleanup of confusing legal language.Including a sample physician declaration that the individual has undergone “clinically appropriate treatment” to obtain a new birth certificate to reflect their gender. This makes the process more clear and conforms California law to the standards set by the United States Department of State for gender changes on passports.Why is this bill necessary?

For transgender people, recognition of their gender is a matter of basic human dignity. In order to live as their authentic selves in a safe and stable way, transgender people need identification that is consistent with their gender identity.The Vital Statistics Modernization Act would alleviate the confusion, anxiety and even danger that transgender people face when they have identity documents that do not reflect who they are.Does this bill eliminate the requirement that one undergo surgery in order to get a new birth certificate or court ordered gender change?

This bill ensures that medical decisions are made by an individual’s doctor, not by the government. The bill requires an attending physician to submit a declaration that a petitioner

has undergone “clinically appropriate treatment.”

clinically appropriate treatment

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EXISTING LAW 

PURPOSE OF THE PROPOSED LAW

Neither of these are changes in the law; it is simply a matter of making the process accessible to those who need it. AB 433 would also allow people who were born or live in California to use a simplified process that requires medical certification from an attending physician that the individual has undergone treatment as determined by their physician to correct identification documents to reflect their gender. This change conforms California’s standards to the standards set by the federal Government.

temporary 

NOT

"it does not change the existing law"

U tags

may not require

I tags

AB 433, Vital Statistics Modernization ActFrequently Asked QuestionsWhat is the current law regarding court ordered gender changes and new birthcertificates?Since the 1970s California has had a law allowing transgender people to (1) obtain a court order recognizing a change of gender and (2) obtain a new birth certificate reflecting who they truly are. Unfortunately this law contains numerous procedural barriers that make this process onerous and confusing.What does AB 433, the Vital Statistics Modernization Act do?The Vital Statistics Modernization Act makes a number of procedural changes to make the process for getting a court order gender change and new birth certificate more accessible. Those changes include:Clarifying that eligible petitioners living or born in California can submit a gender change petition in the State of California. This codifies a unanimous 2009 California Court of Appeal decision on this issue, Somers v Superior Court. Accordingly, this is not a change in a law, rather it makes the law clear to potential petitioners.Making clear that the law allows for both a court order recognition of a change of gender for any California resident AND issuance of a new birth certificate for a petition born in California. Again, this is not a change in the law but simply a cleanup of confusing legal language.Including a sample physician declaration that the individual has undergone “clinically appropriate treatment” to obtain a new birth certificate to reflect their gender. This makes the process more clear and conforms California law to the standards set by the United States Department of State for gender changes on passports.Why is this bill necessary?For transgender people, recognition of their gender is a matter of basic human dignity. In order to live as their authentic selves in a safe and stable way, transgender people need identification that is consistent with their gender identity.The Vital Statistics Modernization Act would alleviate the confusion, anxiety and even danger that transgender people face when they have identity documents that do not reflect who they are.Does this bill eliminate the requirement that one undergo surgery in order to get a new birth certificate or court ordered gender change?This bill ensures that medical decisions are made by an individual’s doctor, not by the government. The bill requires an attending physician to submit a declaration that a petitionerhas undergone “clinically appropriate treatment.” This is the same standard used by the US Department of State for changes on passports and birth certificates issued to US citizens born abroad. This is also consistent with current medical standards regarding transgender health.

EXISTING LAW 

Transgender people born in or currently residing in California can submit a petition for a court order recognizing a change of gender and the issuance of a new birth certificate. The current statute states that a gender change petition must be submitted in the jurisdiction of a person’s place of residence, despite the fact that case law has clarified that gender change petitions can also be submitted in the jurisdiction where a person was born. Additionally, current law conflicts with the medical standard applied by the US Passport Agency and current medical understanding of what is required for obtaining identity documents that reflect the appropriate gender.

PURPOSE OF THE PROPOSED LAW 

The Vital Statistics Modernization Act would alleviate the confusion, anxiety and even danger that transgender people face when they have identity documents that do not reflect who they are. AB 433 would streamline current law and clarify that eligible petitioners living or born in California can submit a gender change petition in any jurisdiction in the State of California. Neither of these are changes in the law; it is simply a matter of making the process accessible to those who need it. AB 433 would also allow people who were born or live in California to use a simplified process that requires medical certification from an attending physician that the individual has undergone treatment as determined by their physician to correct identification documents to reflect their gender. This change conforms California’s standards to the standards set by the federal Government.

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