AN ACT CONCERNING BIRTH CERTIFICATE AMENDMENTS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 19a-42 of the general statutes is amended by adding subsection (i) as follows (Effective October 1, 2015):

(NEW) (i) The commissioner shall issue a new birth certificate to reflect a gender change upon receipt of the following documents submitted in the form and manner prescribed by the commissioner: (1) A written request from the applicant, signed under penalty of law, for a replacement birth certificate to reflect that the applicant's gender differs from the sex designated on the original birth certificate; (2) a written statement by a physician, advanced practice registered nurse, or nurse licensed pursuant to chapter 370 or holding a current license in good standing in another state, or psychologist licensed pursuant to chapter 383 or holding a current license in good standing in another state, stating that the applicant has undergone surgical, hormonal or other treatment clinically appropriate for the applicant for the purpose of gender transition; and (3) if an applicant is also requesting a change of name listed on the original birth certificate, proof of a legal name change. The new birth certificate shall reflect the new gender identity by way of a change in the sex designation on the original birth certificate and, if applicable, the legal name change.

Sec. 2. Section 19a-42b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) In the case of a person who is a resident of this state and was born in another state or in a foreign jurisdiction, [if such other state or foreign jurisdiction requires a court decree in order to amend a birth certificate to reflect a change in gender,] the probate courts in this state shall have jurisdiction to issue [such] a decree of a change of sex. [When a person has completed treatment for the purpose of altering his or her sexual characteristics to those of the opposite sex, such] Such person may apply to the probate court for the district in which such person resides for a decree that such person's gender is different from the sex designated on such person's original birth certificate and that such birth certificate be amended to reflect the change in gender. The application to the probate court shall be accompanied by [an affidavit from a physician attesting that the applicant has physically changed gender and an affidavit from a psychologist, psychiatrist or a licensed clinical social worker attesting that the applicant has socially and psychologically changed gender] the following documents: (1) A written statement from the applicant, signed under penalty of law, that the applicant's gender differs from the sex designated on the original birth certificate; and (2) a notarized affidavit by a physician, advanced practice registered nurse, or nurse licensed pursuant to chapter 370 or holding a current license in good standing in another state, or psychologist licensed pursuant to chapter 383 or holding a current license in good standing in another state, stating that the applicant has undergone surgical, hormonal or other treatment clinically appropriate for the applicant for the purpose of gender transition. Upon issuance, such probate court decree shall be transmitted to the registration authority of such person's place of birth.

(b) Nothing in this section shall be construed to limit the authority of the Commissioner of Public Health to amend birth certificates in accordance with section 19a-42, as amended by this act.

Statement of Purpose:

To modernize statutes authorizing the issuance of birth certificates for transgender people with an accurate gender designation.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]