HOUSE OF REPRESENTATIVES	H.B. NO.	291
THIRTY-SECOND LEGISLATURE, 2023
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. Chapter 338, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§338- Certificates of birth; sex designation. Each new certificate of birth issued by the State after the effective date of this Act shall include a designation of the sex of the person born, based on the genitalia of the person."

SECTION 2. Section 338-17.7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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 from a United States licensed physician or physician assistant attesting that:

(A) The physician or physician assistant has a bona fide provider-patient relationship with the birth registrant;

(B) The physician or physician assistant has [treated and evaluated] examined the birth registrant [and has reviewed and evaluated the birth registrant's medical history;

(C) The birth registrant has had appropriate clinical treatment for gender transition to the new gender and has completed the transition to the new gender]; and

[(D)] (C) The [new gender] sex of the birth registrant, based on the genitalia of the birth registrant, does not align with the sex designation on the birth registrant's birth certificate; [or]

provided that the birth registrant is at least eighteen years of age; 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."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Health; Certificates of Birth; Designations of Sex; Revisions

Description:

Provides that a new certificate of birth issued by the State shall include a designation of the sex of the person born, based on the genitalia of the person. Authorizes amendments of designations of sex on certificates of birth, provided that the birth registrant is an adult, and new designation is based on the genitalia of the birth registrant, as confirmed by a physician or physician's assistant.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.