Connecticut 2021 Regular Session

Connecticut House Bill HB06549 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 6549
	4	+	LCO No. 3928 1 of 6
	5	+
	6	+	General Assembly Raised Bill No. 6549
8	7		January Session, 2021
	8	+	LCO No. 3928
9	9
	10	+
	11	+	Referred to Committee on PUBLIC HEALTH
	12	+
	13	+
	14	+	Introduced by:
	15	+	(PH)
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13	19
14	20		AN ACT CONCERNING AM ENDMENTS TO MARRIAGE
15	21		CERTIFICATES.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Subdivision (10) of section 7-36 of the general statutes is 1
20	26		repealed and the following is substituted in lieu thereof (Effective October 2
21	27		1, 2021): 3
22	28		(10) "Amendment" means to (A) change or enter new information on 4
23	29		a certificate of birth, marriage, death or fetal death, more than one year 5
24	30		after the date of the vital event recorded in such certificate, in order to 6
25	31		accurately reflect the facts existing at the time of the recording of the 7
26	32		event, (B) create a replacement certificate of birth for matters pertaining 8
27	33		to parentage and gender change, [or] (C) create a replacement certificate 9
28	34		of marriage for matters pertaining to gender change, or (D) reflect a legal 10
29	35		name change in accordance with section 19a-42, as amended by this act, 11
30	36		or make a modification to a cause of death; 12
31	37		Sec. 2. Section 19a-42 of the general statutes is repealed and the 13
32		-	following is substituted in lieu thereof (Effective October 1, 2021): 14
	38	+	following is substituted in lieu thereof (Effective October 1, 2021): 14 Raised Bill No. 6549
	39	+
	40	+
	41	+
	42	+	LCO No. 3928 2 of 6
	43	+
33	44		(a) To protect the integrity and accuracy of vital records, a certificate 15
34	45		registered under chapter 93 may be amended only in accordance with 16
35		-	sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by 17 Substitute Bill No. 6549
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	46	+	sections 19a-41 to 19a-45, inclusive, chapter 93, regulations adopted by 17
42	47		the Commissioner of Public Health pursuant to chapter 54 and uniform 18
43	48		procedures prescribed by the commissioner. Only the commissioner 19
44	49		may amend birth certificates to reflect changes concerning parentage, or 20
45	50		birth or marriage certificates to reflect changes concerning gender 21
46	51		change. Amendments related to parentage or gender change shall result 22
47	52		in the creation of a replacement certificate that supersedes the original, 23
48	53		and shall in no way reveal the original language changed by the 24
49	54		amendment. Any amendment to a vital record made by the registrar of 25
50	55		vital statistics of the town in which the vital event occurred or by the 26
51	56		commissioner shall be in accordance with such regulations and uniform 27
52	57		procedures. 28
53	58		(b) The commissioner and the registrar of vital statistics shall 29
54	59		maintain sufficient documentation, as prescribed by the commissioner, 30
55	60		to support amendments and shall ensure the confidentiality of such 31
56	61		documentation as required by law. The date of amendment and a 32
57	62		summary description of the evidence submitted in support of the 33
58	63		amendment shall be endorsed on or made part of the record and the 34
59	64		original certificate shall be marked "Amended", except for amendments 35
60	65		due to parentage or gender change. When the registrar of the town in 36
61	66		which the vital event occurred amends a certificate, such registrar shall, 37
62	67		within ten days of making such amendment, forward an amended 38
63	68		certificate to the commissioner and to any registrar having a copy of the 39
64	69		certificate. When the commissioner amends a birth certificate, including 40
65	70		changes due to parentage or gender, the commissioner shall forward an 41
66	71		amended certificate to the registrars of vital statistics affected and their 42
67	72		records shall be amended accordingly. 43
68	73		(c) An amended certificate shall supersede the original certificate that 44
69	74		has been changed and shall be marked "Amended", except for 45
70	75		amendments due to parentage or gender change. The original certificate 46
71	76		in the case of parentage or gender change shall be physically or 47
72		-	electronically sealed and kept in a confidential file by the department 48
73		-	and the registrar of any town in which the birth was recorded, and may 49
74		-	be unsealed for issuance only as provided in section 7-53 with regard to 50 Substitute Bill No. 6549
	77	+	electronically sealed and kept in a confidential file by the department 48 Raised Bill No. 6549
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81		-	an original birth certificate or upon a written order of a court of 51
82		-	competent jurisdiction. The amended certificate shall become the official 52
83		-	record. 53
84		-	(d) (1) Upon receipt of (A) an acknowledgment of paternity executed 54
85		-	in accordance with the provisions of subsection (a) of section 46b-172 by 55
86		-	both parents of a child born out of wedlock, or (B) a certified copy of an 56
87		-	order of a court of competent jurisdiction establishing the paternity of a 57
88		-	child born out of wedlock, the commissioner shall include on or amend, 58
89		-	as appropriate, such child's birth certificate to show such paternity if 59
90		-	paternity is not already shown on such birth certificate and to change 60
91		-	the name of the child under eighteen years of age if so indicated on the 61
92		-	acknowledgment of paternity form or within the certified court order as 62
93		-	part of the paternity action. If a person who is the subject of a voluntary 63
94		-	acknowledgment of paternity, as described in this subdivision, is 64
95		-	eighteen years of age or older, the commissioner shall obtain a notarized 65
96		-	affidavit from such person affirming that he or she agrees to the 66
97		-	commissioner's amendment of such person's birth certificate as such 67
98		-	amendment relates to the acknowledgment of paternity. The 68
99		-	commissioner shall amend the birth certificate for an adult child to 69
100		-	change his or her name only pursuant to a court order. 70
101		-	(2) If another father is listed on the birth certificate, the commissioner 71
102		-	shall not remove or replace the father's information unless presented 72
103		-	with a certified court order that meets the requirements specified in 73
104		-	section 7-50, or upon the proper filing of a rescission, in accordance with 74
105		-	the provisions of section 46b-172. The commissioner shall thereafter 75
106		-	amend such child's birth certificate to remove or change the father's 76
107		-	name and to change the name of the child, as requested at the time of 77
108		-	the filing of a rescission, in accordance with the provisions of section 78
109		-	46b-172. Birth certificates amended under this subsection shall not be 79
110		-	marked "Amended". 80
111		-	(e) When the parent or parents of a child request the amendment of 81
112		-	the child's birth certificate to reflect a new mother's name because the 82
113		-	name on the original certificate is fictitious, such parent or parents shall 83 Substitute Bill No. 6549
	81	+	LCO No. 3928 3 of 6
	82	+
	83	+	and the registrar of any town in which the birth was recorded, and may 49
	84	+	be unsealed for issuance only as provided in section 7-53 or upon a 50
	85	+	written order of a court of competent jurisdiction. The amended 51
	86	+	certificate shall become the official record. 52
	87	+	(d) (1) Upon receipt of (A) an acknowledgment of paternity executed 53
	88	+	in accordance with the provisions of subsection (a) of section 46b-172 by 54
	89	+	both parents of a child born out of wedlock, or (B) a certified copy of an 55
	90	+	order of a court of competent jurisdiction establishing the paternity of a 56
	91	+	child born out of wedlock, the commissioner shall include on or amend, 57
	92	+	as appropriate, such child's birth certificate to show such paternity if 58
	93	+	paternity is not already shown on such birth certificate and to change 59
	94	+	the name of the child under eighteen years of age if so indicated on the 60
	95	+	acknowledgment of paternity form or within the certified court order as 61
	96	+	part of the paternity action. If a person who is the subject of a voluntary 62
	97	+	acknowledgment of paternity, as described in this subdivision, is 63
	98	+	eighteen years of age or older, the commissioner shall obtain a notarized 64
	99	+	affidavit from such person affirming that he or she agrees to the 65
	100	+	commissioner's amendment of such person's birth certificate as such 66
	101	+	amendment relates to the acknowledgment of paternity. The 67
	102	+	commissioner shall amend the birth certificate for an adult child to 68
	103	+	change his or her name only pursuant to a court order. 69
	104	+	(2) If another father is listed on the birth certificate, the commissioner 70
	105	+	shall not remove or replace the father's information unless presented 71
	106	+	with a certified court order that meets the requirements specified in 72
	107	+	section 7-50, or upon the proper filing of a rescission, in accordance with 73
	108	+	the provisions of section 46b-172. The commissioner shall thereafter 74
	109	+	amend such child's birth certificate to remove or change the father's 75
	110	+	name and to change the name of the child, as requested at the time of 76
	111	+	the filing of a rescission, in accordance with the provisions of section 77
	112	+	46b-172. Birth certificates amended under this subsection shall not be 78
	113	+	marked "Amended". 79
	114	+	(e) When the parent or parents of a child request the amendment of 80
	115	+	the child's birth certificate to reflect a new mother's name because the 81 Raised Bill No. 6549
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120		-	obtain an order of a court of competent jurisdiction declaring the 84
121		-	putative mother to be the child's mother. Upon receipt of a certified copy 85
122		-	of such order, the department shall amend the child's birth certificate to 86
123		-	reflect the mother's true name. 87
124		-	(f) Upon receipt of a certified copy of an order of a court of competent 88
125		-	jurisdiction changing the name of a person born in this state and upon 89
126		-	request of such person or such person's parents, guardian, or legal 90
127		-	representative, the commissioner or the registrar of vital statistics of the 91
128		-	town in which the vital event occurred shall amend the birth certificate 92
129		-	to show the new name by a method prescribed by the department. 93
130		-	(g) When an applicant submits the documentation required by the 94
131		-	regulations to amend a vital record, the commissioner shall hold a 95
132		-	hearing, in accordance with chapter 54, if the commissioner has 96
133		-	reasonable cause to doubt the validity or adequacy of such 97
134		-	documentation. 98
135		-	(h) When an amendment under this section involves the changing of 99
136		-	existing language on a death certificate due to an error pertaining to the 100
137		-	cause of death, the death certificate shall be amended in such a manner 101
138		-	that the original language is still visible. A copy of the death certificate 102
139		-	shall be made. The original death certificate shall be sealed and kept in 103
140		-	a confidential file at the department and only the commissioner may 104
141		-	order it unsealed. The copy shall be amended in such a manner that the 105
142		-	language to be changed is no longer visible. The copy shall be a public 106
143		-	document. 107
144		-	(i) The commissioner shall issue a new birth certificate to reflect a 108
145		-	gender change upon receipt of the following documents submitted in 109
146		-	the form and manner prescribed by the commissioner: (1) A written 110
147		-	request from the applicant, signed under penalty of law, for a 111
148		-	replacement birth certificate to reflect that the applicant's gender differs 112
149		-	from the sex designated on the original birth certificate; (2) a notarized 113
150		-	affidavit by a physician licensed pursuant to chapter 370 or holding a 114
151		-	current license in good standing in another state, an advanced practice 115 Substitute Bill No. 6549
	119	+	LCO No. 3928 4 of 6
	120	+
	121	+	name on the original certificate is fictitious, such parent or parents shall 82
	122	+	obtain an order of a court of competent jurisdiction declaring the 83
	123	+	putative mother to be the child's mother. Upon receipt of a certified copy 84
	124	+	of such order, the department shall amend the child's birth certificate to 85
	125	+	reflect the mother's true name. 86
	126	+	(f) Upon receipt of a certified copy of an order of a court of competent 87
	127	+	jurisdiction changing the name of a person born in this state and upon 88
	128	+	request of such person or such person's parents, guardian, or legal 89
	129	+	representative, the commissioner or the registrar of vital statistics of the 90
	130	+	town in which the vital event occurred shall amend the birth certificate 91
	131	+	to show the new name by a method prescribed by the department. 92
	132	+	(g) When an applicant submits the documentation required by the 93
	133	+	regulations to amend a vital record, the commissioner shall hold a 94
	134	+	hearing, in accordance with chapter 54, if the commissioner has 95
	135	+	reasonable cause to doubt the validity or adequacy of such 96
	136	+	documentation. 97
	137	+	(h) When an amendment under this section involves the changing of 98
	138	+	existing language on a death certificate due to an error pertaining to the 99
	139	+	cause of death, the death certificate shall be amended in such a manner 100
	140	+	that the original language is still visible. A copy of the death certificate 101
	141	+	shall be made. The original death certificate shall be sealed and kept in 102
	142	+	a confidential file at the department and only the commissioner may 103
	143	+	order it unsealed. The copy shall be amended in such a manner that the 104
	144	+	language to be changed is no longer visible. The copy shall be a public 105
	145	+	document. 106
	146	+	(i) The commissioner shall issue a new birth certificate to reflect a 107
	147	+	gender change upon receipt of the following documents submitted in 108
	148	+	the form and manner prescribed by the commissioner: (1) A written 109
	149	+	request from the applicant, signed under penalty of law, for a 110
	150	+	replacement birth certificate to reflect that the applicant's gender differs 111
	151	+	from the sex designated on the original birth certificate; (2) a notarized 112
	152	+	affidavit by a physician licensed pursuant to chapter 370 or holding a 113 Raised Bill No. 6549
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158		-	registered nurse licensed pursuant to chapter 378 or holding a current 116
159		-	license in good standing in another state, or a psychologist licensed 117
160		-	pursuant to chapter 383 or holding a current license in good standing in 118
161		-	another state, stating that the applicant has undergone surgical, 119
162		-	hormonal or other treatment clinically appropriate for the applicant for 120
163		-	the purpose of gender transition; and (3) if an applicant is also 121
164		-	requesting a change of name listed on the original birth certificate, proof 122
165		-	of a legal name change. The new birth certificate shall reflect the new 123
166		-	gender identity by way of a change in the sex designation on the original 124
167		-	birth certificate and, if applicable, the legal name change. 125
168		-	(j) The commissioner shall issue a new marriage certificate to reflect 126
169		-	a gender change upon receipt of the following documents submitted in 127
170		-	the form and manner prescribed by the commissioner: (1) A written 128
171		-	request from the applicant, signed under penalty of law, for a 129
172		-	replacement marriage certificate to reflect that the applicant's gender 130
173		-	differs from the sex designated on the original marriage certificate, 131
174		-	along with an affirmation that the marriage is still legally intact; (2) a 132
175		-	notarized statement from the spouse named on the marriage certificate 133
176		-	to be amended, consenting to the amendment; (3) a notarized affidavit 134
177		-	by a physician licensed pursuant to chapter 370 or holding a current 135
178		-	license in good standing in another state, an advanced practice 136
179		-	registered nurse licensed pursuant to chapter 378 or holding a current 137
180		-	license in good standing in another state, or a psychologist licensed 138
181		-	pursuant to chapter 383 or holding a current license in good standing in 139
182		-	another state, stating that the applicant has undergone surgical, 140
183		-	hormonal or other treatment clinically appropriate for the applicant for 141
184		-	the purpose of gender transition; and (4) if an applicant is also 142
185		-	requesting a change of name listed on the original marriage certificate, 143
186		-	proof of a legal name change. The new marriage certificate shall reflect 144
187		-	the new gender identity by way of a change in the sex designation on 145
188		-	the original marriage certificate and, if applicable, the legal name 146
189		-	change. 147 Substitute Bill No. 6549
	156	+	LCO No. 3928 5 of 6
	157	+
	158	+	current license in good standing in another state, an advanced practice 114
	159	+	registered nurse licensed pursuant to chapter 378 or holding a current 115
	160	+	license in good standing in another state, or a psychologist licensed 116
	161	+	pursuant to chapter 383 or holding a current license in good standing in 117
	162	+	another state, stating that the applicant has undergone surgical, 118
	163	+	hormonal or other treatment clinically appropriate for the applicant for 119
	164	+	the purpose of gender transition; and (3) if an applicant is also 120
	165	+	requesting a change of name listed on the original birth certificate, proof 121
	166	+	of a legal name change. The new birth certificate shall reflect the new 122
	167	+	gender identity by way of a change in the sex designation on the original 123
	168	+	birth certificate and, if applicable, the legal name change. 124
	169	+	(j) The commissioner shall issue a new marriage certificate to reflect 125
	170	+	a gender change upon receipt of the following documents submitted in 126
	171	+	the form and manner prescribed by the commissioner: (1) A written 127
	172	+	request from the applicant, signed under penalty of law, for a 128
	173	+	replacement marriage certificate to reflect that the applicant's gender 129
	174	+	differs from the sex designated on the original marriage certificate, 130
	175	+	along with an affirmation that the marriage is still legally intact; (2) a 131
	176	+	notarized statement from the spouse named on the marriage certificate 132
	177	+	to be amended, consenting to the amendment; (3) a notarized affidavit 133
	178	+	by a physician licensed pursuant to chapter 370 or holding a current 134
	179	+	license in good standing in another state, an advanced practice 135
	180	+	registered nurse licensed pursuant to chapter 378 or holding a current 136
	181	+	license in good standing in another state, or a psychologist licensed 137
	182	+	pursuant to chapter 383 or holding a current license in good standing in 138
	183	+	another state, stating that the applicant has undergone surgical, 139
	184	+	hormonal or other treatment clinically appropriate for the applicant for 140
	185	+	the purpose of gender transition; and (4) if an applicant is also 141
	186	+	requesting a change of name listed on the original marriage certificate, 142
	187	+	proof of a legal name change. The new marriage certificate shall reflect 143
	188	+	the new gender identity by way of a change in the sex designation on 144
	189	+	the original marriage certificate and, if applicable, the legal name 145
	190	+	change. 146 Raised Bill No. 6549
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196	196		This act shall take effect as follows and shall amend the following
197	197		sections:
198	198
199	199		Section 1 October 1, 2021 7-36(10)
200	200		Sec. 2 October 1, 2021 19a-42
201	201
202		-	PH Joint Favorable Subst.
	202	+	Statement of Purpose:
	203	+	To allow marriage certificates to be amended to reflect changes
	204	+	concerning gender.
	205	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	206	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	207	+	underlined.]
203	208