Universal Transgender Legal Gender Protection Act
Section 1: Purpose: This Act aims to ensure that transgender individuals can obtain updated birth certificates and court ordered amendments through the state of California with their identified gender, regardless of their state of birth or current state of residence, thereby maintaining their ability to access essential services and recognition under the law.
Section 2: Definitions:
Transgender Individual: A person whose self-proclaimed gender identity differs from the sex assigned to them at birth.
CDPH-VR: The California Department of Public Health – Vital Records
Section 3: Eligibility: Any transgender individual who is currently a citizen of the United States of America and was born in any state other than California or territory thereof may apply for the California Department of Public Health – Vital Records (CDPH-VR) to issue them a birth certificate with prescribed amendments that are listed in this act. These eligibility requirements shall not apply to Section 7 of This Act.
Section 4: Application Process:
The applicant must provide a certified long-form birth certificate issued by their birth state or territory along with their current Social Security number (SSN), with a written request to change their listed sex along with whether to change it to female, male, or nonbinary if seeking to change their legal sex. They may also provide a certified copy of a court order changing their legal name issued by any territory or state court in the United States if seeking to implement their legally changed name on their new birth certificate.
Once an application is filed, the proof of identity and citizenship status shall first be verified by the applicant's Social Security number via the Federal Data Services Hub (FDSH) for Real ID Act compliance. If an applicant declines to provide their Social Security number or it is unable to be verified, the CDPH-VR may instead seek to verify said identity and citizenship status through other federal databases and identity documents as it may prescribe by regulation with the approval of the Attorney General of California. All information on the long-form birth certificate shall be verified against the birth state or territory’s record through the federal National Vital Statistics System (NVSS).
After said steps have been completed, the CDPH-VR shall issue a new birth certificate with identical information to the applicant. Once registered, the sex and name may be updated as applicable. A visible ‘OOS’ marker, recognizing an out-of-state birth, shall be added to any said certificates.
Note: These certificates can be identified as being issued to someone not born in the State of California by the ‘OOS’ marker required under This Act.
Section 5: Compliance and Recognition
The new birth certificate shall comply with the Real ID Act as both a form of identification and proof of citizenship, ensuring nationwide validity.
Any birth record issued under This Act shall be recognized by all states, territories, and the federal government of the United States of America under the Full Faith and Credit Clause of the U.S. Constitution.
The CDPH-VR in its discretion may share certificates issued under This Act through federal systems such as the National Vital Statistics System and the National Association for Public Health Statistics and Information Systems as allowable by federal regulations and laws.
The CDPH-VR shall have full authority to issue any regulation, requirement, or modification to the application process, registering of, or maintaining of records or certificates upon approval of the Attorney General of California that it deems necessary to comply with federal regulations, laws, or ensure uniformity among the several states.
Section 6: Legal Recourse
The Attorney General of California shall be authorized to sue non-compliant officials of other states, other territories, or officials of the federal government as applicable if they refuse to recognize or accept valid state records issued under This Act.
Section 7: Additional Provisions
(a) Legislative intent of section. There are transgender residents of this State who were born in another state or in another country that allow changes to birth certificates but create difficulty in securing a birth certificate with the correct information by requiring a court order. It is our intent that California should have a legal process available for these citizens to seek a judicial order making findings of fact so that they may petition the issuing jurisdiction to change a birth certificate or other identity documents. The legislature also recognizes out-of-state transgender residents need accurate identity documents from their home state or country, such as Birth Certificates or Driver’s Licenses, to prevent discrimination when receiving services in the state of California, such as gender affirming healthcare and intends to make this mechanism available to them as well.
(b) Any California Superior Court shall have automatic jurisdiction to grant good-faith name and gender/sex change court orders upon petition to transgender California residents who were not born in the state; and to transgender individuals who are out-of-state residents and not born in the state; regardless of where petitioner currently resides. These court orders shall include:
(c) Any publication of names, addresses, or other personally identifiable information for those seeking legal name, sex, and gender change court orders in the State of California shall not be required if the petitioner is transgender to protect their privacy and safety interests.. Courts shall seal all court records from the public related to these petitions upon request if a request is filed as part of their petition.
(d) For transgender petitioners seeking legal name, sex, and gender change court orders in the State of California, any filing or hearing fees shall be waived if petitioner submits a sworn affidavit with their petition stating that paying said fee would cause them undue financial hardship.
(e) For transgender petitioners seeking legal name, sex, and gender change court orders in the State of California who do not live in the state, courts shall upon written request in petition schedule any hearings related to petitions to take place over video via the internet.
(f) The CDPH-VR shall make available online all instructions and requirements for requesting a Birth Certificate under This Act.
(g) The Judicial Council of California shall make available online any applicable forms and information regarding petitions under this section.
Section 8: Implementation: This Act shall take effect on January 1st, 2025 upon signature from the Governor of California.