Article 7 - Revision of Birth and Marriage Records to Reflect Change of Gender and Sex Identifier

California Health and Safety Code — §§ 103425-103445

Sections (6)

Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.

(a)A person may file a petition with the superior court in any county seeking a judgment recognizing the change of gender and sex identifier to female, male, or nonbinary.

(b)If requested, the judgment shall include an order that a new birth certificate be prepared for the person reflecting the change of gender and sex identifier and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.

(c)Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new marriage license and certificate or confidential marriage license and

certificate be prepared for the person reflecting the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate or confidential marriage license and certificate and any change of name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.

(d)Subject to the requirements of Section 103430, if requested, the judgment shall include an order that a new birth certificate be prepared for the person’s child or children reflecting the change to the designation of the person as mother, father, or parent and any change of name of the petitioner accomplished by an order of a court of this state, another state, the District of Columbia, or any territory of the United States, or foreign court.

(e)A petition seeking a judgment

recognizing the change of gender and sex identifier to female, male, or nonbinary may be made to a superior court within this state, even if the person whose gender and sex identifier is proposed to be changed does not reside within the State of California, if the person is seeking to change the designation to reflect their gender on at least one of the following documents:

(1)A birth certificate that was issued within this state to the person whose gender and sex identifier is proposed to be changed.

(2)A birth certificate that was issued within this state to the legal child of the person whose gender and sex identifier is proposed to be changed.

(3)A marriage license and certificate or confidential marriage license and certificate that was issued within this state to the person whose gender and sex identifier is

proposed to be changed.

§ 103426

Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.

(a)The State Registrar shall issue a new birth certificate reflecting a change of gender and sex identifier to female, male, or nonbinary without a court order for any person who has a birth certificate issued by this state who submits directly to the State Registrar an application to change the gender and sex identifier on the birth certificate and an affidavit attesting under penalty of perjury that the request for a change of gender and sex identifier to female, male, or nonbinary is to conform the person’s legal gender and sex identifier to the person’s gender identity and is not made for any fraudulent purpose. Upon receipt of the documentation and the fee prescribed by Section 103725, the State Registrar shall establish a new birth certificate reflecting the gender and sex identifier stated in the

application and any change in name, if accompanied by a certified copy of the court order for a change of name.

(b)(1) The State Registrar shall issue a new birth certificate for the minor child or children who have a birth certificate issued by this state without a court order when a parent submits directly to the State Registrar all of the following:

(A) An application for a new birth certificate for their minor child or children reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent.

(B) A copy of at least one of the following documents:

(i)A certified copy of the court-ordered change of gender, including a certified English translation, if

applicable.

(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.

(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.

(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as mother, father, or parent is to conform to the person’s gender identity and is not made for any fraudulent purpose.

(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.

(2)The new

birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.

(c)(1) The State Registrar shall issue a new birth certificate for an adult child who has a birth certificate issued by this state without a court order when the parent submits directly to the State Registrar all of the following:

(A) An application for a new birth certificate for their adult child reflecting the change of the designation of the petitioner as mother, father, or parent, and, if applicable, any change of name of the parent.

(B) A copy of at least one of the following documents:

(i)A

certified copy of the court-ordered change of gender, including a certified English translation, if applicable.

(ii) The parent’s new birth certificate reflecting a change of gender and sex identifier.

(iii) A government-issued identity document reflecting the parent’s change of gender and sex identifier.

(D) The fee prescribed by Section

103725.

(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.

(2)The notarized letter from the adult child shall be accepted if it contains substantially the following language: “I, (adult child’s full name), stipulate to an issuance of a new birth certificate for me that reflects my parent’s legal gender and name.”

(3)The new birth certificate shall reflect the change of the designation of the parent whose gender and sex identifier has been changed as mother, father, or parent, and, if applicable, any change of name that the parent has legally obtained.

(d)(1) The county clerk shall issue a new confidential marriage license and certificate for a person

who has a confidential marriage license and certificate that was issued from their county without a court order when the person submits directly to the county clerk all of the following:

(A) An application from the spouse who has legally changed their gender and sex identifier for a new confidential marriage license and certificate reflecting the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage license and certificate, and, if applicable, any change of name of the spouse.

(B) A copy of at least one of the following documents:

(i)A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.

(ii) The spouse’s new birth certificate

reflecting a change of gender and sex identifier.

(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.

(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.

(C) A notarized letter from the spouse who is not requesting the new confidential marriage license and certificate stipulating to the change in the confidential marriage license and certificate.

(D) The fee established by the county clerk, not to exceed the amount of the fee for any other confidential marriage

license and certificate issued by the county clerk and not to exceed the reasonable cost to provide the confidential marriage license and certificate.

(E) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.

(2)The notarized letter from the spouse who is not requesting the new confidential marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new confidential marriage license and certificate for me that reflects my spouse’s legal gender and name.”

(3)The new confidential marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the confidential marriage

license and certificate, and, if applicable, any change of name that the spouse has legally obtained.

(4)For purposes of this section, a court-ordered change of gender or name shall include a change of gender or name accomplished by an order of a court of this state, another state, the District of Columbia, any territory of the United States, or any foreign court.

(e)(1) The State Registrar shall issue a new marriage license and certificate for a person who has a marriage license and certificate without a court order if the person submits directly to the State Registrar all of the following:

(A) An application from the spouse who has legally changed their gender and sex identifier for a new marriage license and certificate reflecting the change to the designation of the person as bride, groom,

or having neither box checked on the marriage license and certificate, and, if applicable, any change of name of the spouse.

(B) A copy of at least one of the following documents:

(i)A certified copy of the court-ordered change of gender, including a certified English translation, if applicable.

(ii) The spouse’s new birth certificate reflecting a change of gender and sex identifier.

(iii) A government-issued identity document reflecting the spouse’s change of gender and sex identifier.

(iv) An affidavit attesting under penalty of perjury that the request for a change of the designation of the petitioner as bride, groom, or having neither box checked on the marriage license and

certificate is to conform to the person’s gender identity and is not made for any fraudulent purpose.

(C) A notarized letter from the spouse who is not requesting the new marriage license and certificate stipulating to the change in the marriage license and certificate.

(D) If applicable, a certified copy of the court-ordered change of name, including a certified English translation, if applicable.

(E) The fee prescribed by Section 103725.

(2)The notarized letter from the spouse who is not requesting the new marriage license and certificate shall be accepted if it contains substantially the following language: “I, (spouse’s full name), stipulate to an issuance of a new marriage license and certificate for me that reflects my spouse’s legal gender and

name.”

(3)The new marriage license and certificate shall reflect the change to the designation of the person as bride, groom, or having neither box checked on the marriage license and certificate, and, if applicable, any change of name that the spouse has legally obtained.

§ 103437

Repealed and added by Stats. 2025, Ch. 738, Sec. 3. (SB 59) Effective October 13, 2025.

(a)As used in this section, “change of name or gender and sex identifier, or both” means a proceeding for a change of gender and sex identifier pursuant to Section 103430, for a combined change of the petitioner’s name and recognition of the change to the petitioner’s gender and sex identifier pursuant to Section 103435, or for a change of name to conform the petitioner’s name to the petitioner’s gender identity pursuant to Title 8 (commencing with Section 1275) of Part 3 of the Code of Civil Procedure.

(b)Subject to subdivision (c), all of the following apply:

(1)The court records, including the index, register of actions, and any other case information available through

court systems used to provide the public with electronic access to court records, associated with a proceeding for a change of name or gender and sex identifier, or both, shall be kept confidential by the court.

(2)Until the court orders a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records. Prior to those orders, the court shall not provide access to anyone other than the petitioner, any other person who signed the petition, an individual who is subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys. For a petition brought on behalf of a minor, the

court shall limit access prior to an order changing the minor’s name or gender and sex identifier, or both, to the minor subject of the petition, the minor’s parents, guardians, and guardians ad litem, an individual subject to service of an order to show cause related to the petition, any attorney representing those individuals, and any agents acting pursuant to written authorization from those individuals or their attorneys.

(3)Upon the court ordering a change of name or gender and sex identifier, or both, the court shall limit access to the court records in the proceeding, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, to the petitioner, a minor who received a change of name or gender and sex identifier, or both, an adult who signed the petition, any attorney representing those individuals, and any agents acting

pursuant to written authorization from those individuals or their attorneys.

(c)The requirements set forth in subdivision (b) apply if any of the following conditions are met:

(1)The petition for change of name or gender and sex identifier, or both, is filed on or after July 1, 2026.

(2)The court orders the records in the proceeding to be kept confidential. The court shall enter that order if the petitioner in a proceeding for a change of name or gender and sex identifier, or both, in which the petition was filed before July 1, 2026, files a request to keep the records in the proceeding confidential. The petitioner may make this request ex parte and without paying a filing fee. The court shall make the request and all associated records confidential.

(3)The records in the proceeding were previously made confidential by statute or otherwise.

(d)If the petitioner discovers that court records in their proceeding for a change of name or gender and sex identifier, or both, are not being kept confidential by the court pursuant to subdivision (b) or (c), the petitioner may apply ex parte for that order, without paying a filing fee, and the court shall enter an order making the records confidential. The court shall make the application and all associated records confidential.

(e)Other than the petitioner, a person or private entity shall not publicly post a confidential record pursuant to this section on the internet or otherwise.

(f)Any violation of this section constitutes an injury.

(g)Commencing six months after the effective date of the act that added this subdivision, a person or entity may institute proceedings for injunctive relief, declaratory relief, or a writ of mandate in a court of competent jurisdiction to enforce this section. A court shall award reasonable attorney’s fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this subdivision.

(h)(1) In addition to any other sanctions, penalties, or remedies provided by law, commencing six months after the effective date of the act that added this subdivision, a petitioner who has been harmed by a disclosure or continuing disclosure of records by a person or private entity with actual knowledge that those records were made confidential or sealed by the court may bring a civil action in a court of competent jurisdiction against a person or private entity that caused the harm. A civil

action pursuant to this subdivision may be brought by a petitioner or, if the petitioner is a minor, on behalf of a petitioner by the petitioner’s parent, guardian, or guardian ad litem.

(2)If a person or private entity is found liable in a cause of action brought pursuant to paragraph (1), the person or private entity shall be liable to the petitioner for all of the following:

(A)Actual damages but not less than statutory damages in the amount of five thousand dollars ($5,000).

(B)Punitive damages upon proof of willful or reckless disregard of the law.

(C)Reasonable attorney’s fees and costs.

(i)On or before July 1, 2026, the Judicial Council shall, as necessary, develop forms and

rules to implement this section.

(j)Whether a transgender person’s gender identity conforms with their assigned sex at birth is intimate personal information entitled to protection under the right to privacy. A transgender person has a privacy interest in concealing their transgender identity.

(k)Nothing in this section shall preclude a court from granting a motion to seal all court records, including the index, register of actions, and any other case information available through court systems used to provide the public with electronic access to court records, of a person’s change of name or gender and sex identifier, or both, pursuant to California Rule of Court 2.550, or a successor rule.

§ 103440

Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.

(a)The new birth certificate, marriage license and certificate, or confidential marriage license and certificate established pursuant to this article shall supplant any birth certificate, marriage license and certificate, or confidential marriage license and certificate previously registered for the registrant. The new birth certificate or new marriage license and certificate shall be the only birth certificate or marriage license and certificate open to public inspection. The application and supporting affidavit filed pursuant to subdivision (a) of Section 103426 and the applications, supporting affidavits, and stipulations filed pursuant to subdivisions (b) and (c) of Section 103426 shall be filed with the original record of birth, which shall remain as a part of the records of the State Registrar. The

applications, supporting affidavits, and stipulations filed pursuant to subdivision (d) of Section 103426 for a confidential marriage license and certificate shall be filed with the original confidential record of marriage, which shall remain as a part of the records of the county clerk. The applications, supporting affidavits, and stipulations filed pursuant to subdivision (e) of Section 103426 for a marriage license and certificate shall be filed with the original record of marriage, which shall remain as a part of the records of the State Registrar. All records and information specified in this article, other than the newly issued birth certificate or marriage license and certificate, shall be available only upon written request of the registrant or an order of a court of record. Nothing in this section changes the confidentiality of or access to a confidential marriage certificate.

(b)When a new birth certificate or a new marriage license

and certificate is established under this article, the State Registrar shall transmit copies of the newly established birth certificate or marriage license and certificate for filing to the local registrar and the county recorder whose records contain copies of the original certificate, who shall forward the copies of the original certificate to the State Registrar for filing with the original certificate, if it is practical for the local registrar or the county recorder to do so. If it is impractical for the local registrar or the county recorder to forward the copy to the State Registrar, the local registrar or the county recorder shall effectually seal a cover over the copy of the original certificate in a manner as not to deface or destroy the copy and forward a verified statement of the action to the State Registrar. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record.

(c)When a new confidential marriage license and certificate is ordered under this article, the county clerk shall effectually seal a cover over the original certificate in a manner as not to deface or destroy the copy, issue a new confidential marriage license and certificate, and file the new confidential marriage license and certificate in its place. Thereafter the information contained in the record shall be available only upon written request of the registrant or on order of a court of record.

§ 103443

Added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 103445.

(a)The State Registrar shall transmit a certified copy of a birth certificate newly established under this article to the registrant without additional charge.

(b)The county clerk shall transmit a copy of a confidential marriage certificate newly established under this article to the registrant without additional charge.

§ 103445

Repealed and added by Stats. 2021, Ch. 577, Sec. 8. (AB 218) Effective January 1, 2022.

This article shall become operative on January 1, 2023.