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FILED ON: 7/28/2023
SENATE . . . . . . . . . . . . . . No. 2429
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to gender identity on Massachusetts identification.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 13 of chapter 46 of the General Laws, as appearing in the 2022
2Official Edition, is hereby amended by striking out subsection (e) and inserting in place thereof
3the following subsection:-
4 (e) (1) A person who is over the age of 18 or who is an emancipated minor, or the parent
5or guardian of a person who is a minor, may request a change in the sex designation on the
6person’s birth record to a sex designation including, but not limited to, “female”, “male” or “X”.
7An “X” designation may indicate that the person is another gender or an undesignated gender. A
8request for a change in the sex designation on a birth record shall be accompanied by an affidavit
9executed under the penalty of perjury by the person to whom the record relates, or by the parent
10or guardian of the person if the person is a minor, attesting that the request is to conform to the
11person’s gender identity and is not made for any fraudulent purpose; provided, however, that no
12medical or healthcare related documentation, court order or proof of change of name shall be
13required by a town clerk or other official in connection with a request under this paragraph. 2 of 5
14 (2) A person who is over the age of 18 or who is an emancipated minor, or the parent or
15guardian of a person who is a minor, who requests a change in, the sex designation on the
16person’s birth record pursuant to paragraph (1) may request a change of name on the person’s
17birth record. A request for a change of name on a birth record shall be accompanied by a
18certified copy of the legal change of name; provided, however, that no medical or healthcare
19related documentation shall be required by a town clerk or other official in connection with a
20request under this paragraph.
21 (3) A person who is over the age of 18 or who is an emancipated minor, or the parent or
22guardian of a person who is a minor, who has changed the sex designation on the person’s birth
23record pursuant to paragraph (1) but did not request a change of name on the person’s birth
24record pursuant to paragraph (2) may request a change of name on the person’s birth record
25within 3 years from the date of the change in the sex designation on the person’s birth record
26pursuant to said paragraph (1); provided, however, that a person whose sex designation on their
27birth record was changed while the person was a minor shall have 3 years from the date of their
28eighteenth birthday to request a change of name on the person’s birth record; provided further
29that the department may waive the 3 year limitation for a person that demonstrates good cause,
30as determined by the department. A request for a change of name on a birth record shall be
31accompanied by a certified copy of the legal change of name; provided, however, that no
32medical or healthcare related documentation shall be required by a town clerk or other official in
33connection with a request under this paragraph.
34 (4) The department of public health may promulgate regulations to implement this
35subsection. 3 of 5
36 SECTION 1A. Said section 13 of said chapter 46, as so appearing, is hereby further
37amended by adding the following subsection:-
38 (l)(1) The state registrar or town clerk shall amend a certificate of marriage for a person
39who has a certificate of marriage and submits an application in a form approved by the
40department that includes:
41 (i) an affidavit executed by the person to whom the record change relates attesting, under
42penalty of perjury, that: (A) the request is to conform to the affiant’s gender identity; (B) the
43request is not made for any fraudulent purpose; and (C) the marriage is still legally intact; and
44 (ii) a notarized statement from the spouse named on the certificate of marriage to be
45amended consenting to the amendment of the certificate of marriage.
46 (2) A person may amend a gender designation on a certificate of marriage to a gender
47designation including, but not limited to, “female”, “male” or “X”. An “X” designation may
48indicate that the person is another gender or an undesignated gender.
49 (3) A person may request to amend their name on a certificate of marriage. A request for
50a change of name on a certificate of marriage shall be accompanied by a certified copy of the
51legal change of name; provided, however, that no medical or healthcare related documentation
52shall be required by a town clerk or other official in connection with a request under this
53subsection.
54 SECTION 2. Chapter 90 of the General Laws is hereby amended by inserting after
55section 8M the following section:- 4 of 5
56 Section 8N. The registry of motor vehicles shall permit a person submitting an
57application under sections 8, 8B or 8E of this chapter or section 34B of chapter 138 to designate
58“X”, “M” or “F” for gender on an application for a driver’s license, learner’s permit,
59identification card or liquor purchase identification card. No documentation shall be required for
60such a designation.
61 The registrar of motor vehicles shall report annually to the chairs of the joint committee
62on transportation on the number of people, indicated by race and ethnicity, who choose an “X”
63designation on their driver’s license, learner’s permit, identification card or liquor purchase
64identification card; provided, however, that data included in the report shall be de-identified so
65that the identification of an individual person cannot be ascertained.
66 The registrar of motor vehicles may promulgate regulations to implement this section.
67 SECTION 3. The secretary of administration and finance shall develop a plan, including
68estimated costs and a proposed timeline for implementation, to ensure that any state form or
69document issued by a state agency that requires an individual to indicate the individual’s gender
70shall provide an opportunity for the individual to choose a gender option other than male or
71female; provided, however, that the secretary shall ensure that such a form or document complies
72with applicable federal rules and regulations. The secretary shall submit the plan to the clerks of
73the senate and house of representatives and the senate and house committees on ways and means
74not later than January 1, 2025.
75 SECTION 4. Not later than 6 months after the effective date of this act, the registry of
76motor vehicles, the state secretary and any state agency that interacts with youth or young adults
77in their care or provides youth or young adults with legal assistance, including, but not limited to, 5 of 5
78the department of children and families, the department of youth services, the department of
79mental health and the committee for public counsel services, shall develop materials for
80dissemination to inform youth and young adults of the options regarding sex and gender
81designations on state forms and documents pursuant to this act and develop processes to assist
82youth and young adults who wish to change their gender designation.
83 SECTION 5. Section 1 shall take effect on July 1, 2024.