HOUSE OF REPRESENTATIVES
TWENTY-EIGHTH LEGISLATURE, 2015
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) Upon receipt of [
an affidavit of a physician
that the physician has examined the birth registrant and has determined the
following: (A) The birth registrant's sex
designation was entered incorrectly on the birth registrant's birth
certificate; or (B) The birth registrant has had a
sex change operation and the sex 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
(A) An affidavit from a licensed medical provider or licensed mental health provider attesting that the current birth certificate record does not align with the birth registrant's gender identity and that in the provider's professional opinion the birth registrant's sex designation should be changed accordingly; and
(B) A copy of an order from the circuit court of the jurisdiction in which the birth registrant resides, granting a petition for a new birth certificate and stating that it finds the affidavit required under subparagraph (A) to have been legitimately issued. The court shall waive a hearing unless it finds that the affidavit raises significant concerns as to the qualifications of the licensed medical provider or licensed mental health provider, or the authenticity of the document, or both; 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 shall not be marked as amended
and shall in no way reveal the original language changed by any amendment.
Thereafter, the original certificate and the evidence supporting the
preparation of the new certificate shall be sealed and filed. [
sealed [ document] documents shall be opened only by an order of a
court of record[ .] or, for those documents amended pursuant to
subsection (a)(4), by request of the birth registrant.
(c) If a new certificate of birth is established under subsection (a)(4), it shall reflect, or shall be reissued to reflect, any legal name change made before, simultaneously, or after the change in sex designation; provided appropriate documentation of the name change is submitted.
(d) If a new certificate of birth is established under subsection (a)(4), the department shall not require any additional medical information or records other than those required by subsection (a)(4)."
SECTION 2. The supreme court shall adopt rules and forms as necessary to effectuate the purposes of this Act.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
New Birth Certificate; Sex Designation
Establishes the documentation required when requesting the Department of Health to issue a new birth certificate with a sex designation change. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.