Hawaii-2012-SB2577-Introduced

THE SENATE	S.B. NO.	2577
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO BIRTH CERTIFICATES.

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[:] documents:

[~~(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 necessary; or]

(A) A written request from the birth registrant, signed under penalty of perjury, that the department issue a birth certificate with a gender designation that differs from the gender designated on the birth registrant's original birth certificate;

(B) A notarized statement from the birth registrant's licensed treating or evaluating physician stating that:

(i) The birth registrant's sex designation was entered incorrectly on the birth registrant's original birth certificate; or

(ii) The birth registrant has undergone surgical, hormonal, or other treatment appropriate for that individual for the purpose of gender transition, and that in the physician's opinion the birth registrant's gender designation should be changed accordingly; and

(C) If the birth registrant is requesting a name change on the new certificate, an official copy of the legal name change document; 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 having been amended and shall in no way reveal the original language changed by the amendment. Thereafter, the original certificate and the evidence supporting the preparation of the new certificate shall be sealed and filed. [~~Such sealed document~~] The sealed documents shall be opened only by an order of a court of record[.] or by request of the birth registrant.

(c) For a new certificate of birth established pursuant to subsection (a)(4), the department shall not require any additional medical information or records.

(d) Upon the department's refusal to establish a new birth certificate under this section, the birth registrant shall have a cause of action in a court of competent jurisdiction to petition for the new certificate. The department shall give the birth registrant written notice of this right."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________