Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/07/2020     01/21/2020  

Certificate of birth; new certificate issued to show change of sex.

Establishes that, upon request of a person and in accordance with requirements of the Board of Health, the State Registrar shall issue a new certificate of birth to show a change of sex of the person and, if a certified copy of a court order changing the person's name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex may include a requirement that the person requesting the new certificate of birth submit an affidavit provided by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for the purpose of gender transition. Requirements related to obtaining a new certificate of birth to show a change of sex shall not include any requirement for evidence or documentation of any medical procedure.

Date Version PDF TXT
01/16/2020 Senate: Committee substitute printed 20105702D-S1 Open
01/07/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20101198D Open

            

2020 SESSION

    20105702D
    SENATE BILL NO. 657
    AMENDMENT IN THE NATURE OF A SUBSTITUTE
    (Proposed by the Senate Committee on Education and Health
    on January 16, 2020)
    (Patron Prior to Substitute--Senator Boysko)
    A BILL to amend and reenact �� 32.1-261 and 32.1-269 of the Code of Virginia, relating to Board of Health; certificate of birth; change of sex.

    Be it enacted by the General Assembly of Virginia:

    1. That �� 32.1-261 and 32.1-269 of the Code of Virginia are amended and reenacted as follows:

    32.1-261. New certificate of birth established on proof of adoption, legitimation or determination of paternity, or change of sex.

    A. The State Registrar shall establish a new certificate of birth for a person born in the Commonwealth upon receipt of the following:

    1. An adoption report as provided in � 32.1-262, a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person if 18 years of age or older.

    2. A request that a new certificate be established and such evidence as may be required by regulation of the Board proving that such person has been legitimated or that a court of the Commonwealth has, by final order, determined the paternity of such person. The request shall state that no appeal has been taken from the final order and that the time allowed to perfect an appeal has expired.

    3. An order entered pursuant to subsection D of � 20-160. The order shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.

    4. A surrogate consent and report form as authorized by � 20-162. The report shall contain sufficient information to identify the original certificate of birth and to establish a new certificate of birth in the names of the intended parents.

    5. A request by a person to show a change of sex of the person and, if a person provides a certified copy of a court order changing the persons name, to show a new name on the certificate of birth. Requirements related to obtaining a new certificate of birth to show a change of sex shall include a requirement that the person requesting the new certificate of birth submit a form furnished by the state registrar and completed by a health care provider from whom the person has received treatment stating that the person has undergone clinically appropriate treatment for gender transition.

    B. When a new certificate of birth is established pursuant to subsection A, the actual place and date of birth shall be shown. It shall be substituted for the original certificate of birth. Thereafter, the original certificate and the evidence of adoption, paternity or legitimation shall be sealed and filed and not be subject to inspection except upon order of a court of the Commonwealth or in accordance with � 32.1-252. However, upon receipt of notice of a decision or order granting an adult adopted person access to identifying information regarding his birth parents from the Commissioner of Social Services or a circuit court, and proof of identification and payment, the State Registrar shall mail an adult adopted person a copy of the original certificate of birth.

    C. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended as provided by regulation.

    D. Upon receipt of notice or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with � 32.1-252.

    E. The State Registrar shall, upon request, establish and register a Virginia certificate of birth for a person born in a foreign country (i) upon receipt of a report of adoption for an adoption finalized pursuant to the laws of the foreign country as provided in subsection B of � 63.2-1200.1, or (ii) upon receipt of a report or final order of adoption entered in a court of the Commonwealth as provided in � 32.1-262; however, a Virginia certificate of birth shall not be established or registered if so requested by the court decreeing the adoption, the adoptive parents or the adopted person if 18 years of age or older. If a circuit court of the Commonwealth corrects or establishes a date of birth for a person born in a foreign country during the adoption proceedings or upon a petition to amend a certificate of foreign birth, the State Registrar shall issue a certificate showing the date of birth established by the court. After registration of the birth certificate in the new name of the adopted person, the State Registrar shall seal and file the report of adoption which shall not be subject to inspection except upon order of a court of the Commonwealth or in accordance with � 32.1-252. The birth certificate shall (i) show the true or probable foreign country of birth and (ii) state that the certificate is not evidence of United States citizenship for the child for whom it is issued or for the adoptive parents. However, for any adopted person who has attained United States citizenship, the State Registrar shall, upon request and receipt of evidence demonstrating such citizenship, establish and register a new certificate of birth that does not contain the statement required by clause (ii).

    F. If no certificate of birth is on file for the person for whom a new certificate is to be established under this section, a delayed certificate of birth shall be filed with the State Registrar as provided in � 32.1-259 or 32.1-260 before a new certificate of birth is established, except that when the date and place of birth and parentage have been established in the adoption proceedings, a delayed certificate shall not be required.

    G. When a new certificate of birth is established pursuant to subdivision A 1, the State Registrar shall issue along with the new certificate of birth a document, furnished by the Department of Social Services pursuant to � 63.2-1220, listing all post-adoption services available to adoptive families.

    32.1-269. Amending vital records; change of name; acknowledgment of paternity.

    A. A vital record registered under this chapter, with the exception of a death certificate, may be amended only in accordance with this section and such regulations as may be adopted by the Board to protect the integrity and accuracy of such vital records. Such regulations shall specify the minimum evidence required for a change in any such vital record.

    B. Except in the case of an amendment provided for in subsection D, a vital record that is amended under this section shall be marked "amended" and the date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the vital record. The Board shall prescribe by regulation the conditions under which omissions or errors on certificates, including designation of sex, may be corrected within one year after the date of the event without the certificate being marked amended. In a case of hermaphroditism or pseudo-hermaphroditism, the certificate of birth may be corrected at any time without being considered as amended upon presentation to the State Registrar of such medical evidence as the Board may require by regulation.

    C. Upon receipt of a certified copy of a court order changing the name of a person as listed in a vital record and upon request of such person or his parent, guardian, or legal representative or the registrant, the State Registrar shall amend such vital records to reflect the new name.

    D. Upon written request of both parents and receipt of a sworn acknowledgment of paternity executed subsequent to the birth and signed by both parents of a child born out of wedlock, the State Registrar shall amend the certificate of birth to show such paternity if paternity is not shown on the birth certificate. Upon request of the parents, the surname of the child shall be changed on the certificate to that of the father.

    E. Upon receipt of a certified copy of an order of a court of competent jurisdiction indicating that the sex of an individual has been changed by medical procedure and upon request of such person, the State Registrar shall amend such persons certificate of birth to show the change of sex and, if a certified copy of a court order changing the persons name is submitted, to show a new name.

    F. When an applicant does not submit the minimum documentation required by regulation to amend a vital record or when the State Registrar finds reason to question the validity or sufficiency of the evidence, the vital record shall not be amended and the State Registrar shall so advise the applicant. An aggrieved applicant may petition the circuit court of the county or city in which he resides or the Circuit Court of the City of Richmond, Division I, for an order compelling the State Registrar to amend the vital record; an aggrieved applicant who was born in Virginia, but is currently residing out of State, may petition any circuit court in the Commonwealth for such an order. The State Registrar or his authorized representative may appear and testify in such proceeding.

    Picture Name From Date Type
    Jennifer B. Boysko D-Richmond Sponsor
    Joseph D. Morrissey D-Richmond Cosponsor
    Jennifer L. McClellan D-Richmond Cosponsor
    Date Branch Action
    01/21/2020 Senate Senate: Read third time and passed Senate (24-Y 15-N)
    01/17/2020 Senate Senate: Constitutional reading dispensed (38-Y 0-N)
    01/16/2020 Senate Senate: Committee substitute printed 20105702D-S1
    01/16/2020 Senate Senate: Reported from Education and Health with substitute (10-Y 5-N)
    01/07/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20101198D
    01/07/2020 Senate Senate: Referred to Committee on Education and Health
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Establishes that, upon request of a person and in accordance with requirements of the Board of Health, the State Registrar shall issue a new certificate of birth to show a change of sex of the person and, if a certified copy of a court order changing the person's name is submitted, to show a new name. Requirements related to obtaining a new certificate of birth to show a change of sex may include a requirement that the person requesting the new certificate of birth submit an affida
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Health
    1-269 of the Code of Virginia, relating to Board of Health; certificate of birth; change of sex


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type