EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 314
J1, R4 5lr0691
CF 5lr2495
By: Senators Lam and Waldstreicher
Introduced and read first time: January 13, 2025
Assigned to: Finance and Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Certificates of Birth, Licenses, and Identification Cards – Sex Designation 2
(Birth Certificate Modernization Act) 3
FOR the purpose of altering the circumstances under which the Secretary of Health is 4
required to make a new certificate of birth due to the change of a sex designation of 5
an individual; establishing requirements and a prohibition related to the making of 6
new certificates of birth; altering the options for indicating an individual’s sex 7
designation on a license, identification card, and moped operator’s permit issued by 8
the Motor Vehicle Administration; and generally relating to the issuance of 9
certificates of birth, licenses, and identification cards. 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 4–211 13
Annotated Code of Maryland 14
(2023 Replacement Volume and 2024 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – Transportation 17
Section 12–305(a) and (b) 18
Annotated Code of Maryland 19
(2020 Replacement Volume and 2024 Supplement) 20
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
That the Laws of Maryland read as follows: 22
Article – Health – General 23
4–211. 24
2 SENATE BILL 314
(a) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 1
make a new certificate of birth for an individual if the Department receives satisfactory 2
proof that: 3
(1) The individual was born in this State; and 4
(2) Regardless of the location, one of the following has occurred: 5
(i) The previously unwed parents of the individual have married 6
each other after the birth of the individual; 7
(ii) A court of competent jurisdiction has entered an order as to the 8
parentage, legitimation, or adoption of the individual; or 9
(iii) If a parent who did not give birth to the individual is not named 10
on an earlier certificate of birth: 11
1. The parent who did not give birth to the individual has 12
acknowledged [himself or herself] by affidavit to [be] BEING a parent of the individual; and 13
2. The [mother of the individual] PARENT LISTED ON THE 14
INDIVIDUAL’S BIRTH CERTIFICATE has consented by affidavit to the acknowledgment. 15
(b) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 16
make a new certificate of birth for an individual if the Department receives satisfactory 17
proof that: 18
(1) The individual was born in this State; and 19
(2) Regardless of the location, one of the following has occurred: 20
(i) [1. A licensed health care practitioner who has treated or 21
evaluated the individual has determined that the individual’s sex designation should be 22
changed because the individual has undergone treatment appropriate for the purpose of 23
sex transition or has been diagnosed with an intersex condition; 24
2.] The individual, or if the individual is a minor or disabled 25
person under guardianship, the individual’s parent, guardian, or legal representative, has 26
made a written request, UNDER PENALTY OF P ERJURY, for a new certificate of birth with 27
a sex designation that differs from the sex designated on the original certificate of birth; 28
[and 29
3. The licensed health care practitioner has signed a 30
statement, under penalty of perjury, that: 31
SENATE BILL 314 3
A. The individual has undergone surgical, hormonal, or other 1
treatment appropriate for the individual, based on generally accepted medical standards; 2
or 3
B. The individual has an intersex condition and, in the 4
professional opinion of the licensed health care practitioner, based on generally accepted 5
medical standards, the individual’s sex designation should be changed accordingly;] 6
(ii) A court of competent jurisdiction has issued an order indicating 7
that the sex of an individual born in this State has been changed; or 8
(iii) Before October 1, 2015, the Secretary, as provided under 9
regulations adopted by the Department, amended an original certificate of birth on receipt 10
of a certified copy of an order of a court of competent jurisdiction indicating the sex of the 11
individual had been changed. 12
(c) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , THE 13
SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVID UAL IF THE 14
DEPARTMENT RECEIVES S ATISFACTORY PROOF TH AT: 15
(1) THE INDIVIDUAL WAS BO RN IN THIS STATE; AND 16
(2) REGARDLESS OF THE LOC ATION, A COURT OF COMPETENT 17
JURISDICTION HAS ISS UED AN ORDER INDICAT ING THAT THE NAME OF A PARENT 18
LISTED ON THE CERTIF ICATE OF BIRTH HAS B EEN CHANGED . 19
(D) Except as provided in subsection [(d)] (E) of this section, the Secretary may 20
make a new certificate of birth for an individual who was born outside the United States if 21
one of the following occurred in this State: 22
(1) The previously unwed parents of the individual have married each 23
other after the birth of the individual; 24
(2) A court of competent jurisdiction in this State has entered an order as 25
to parentage or legitimation; or 26
(3) The parent who did not give birth to the individual acknowledged 27
[himself or herself] by affidavit to [be] BEING a parent of the individual and the [mother] 28
PARENT LISTED ON THE BIRTH CERTIFICATE of the individual has consented by 29
affidavit to the acknowledgment. 30
[(d)] (E) The Secretary may not make a new certificate of birth in connection 31
with an order of a court of competent jurisdiction relating to the adoption of an individual, 32
if one of the following so directs the Secretary: 33
(1) The court that decrees the adoption; 34 4 SENATE BILL 314
(2) The adoptive parents; or 1
(3) The adopted individual, if an adult. 2
[(e)] (F) A new certificate of birth shall be prepared on the following basis: 3
(1) The individual shall be treated as having at birth the status that later 4
is acquired or established and of which proof is submitted. 5
(2) (i) If the parents of the individual were not married and parentage 6
is established by legal proceedings, the name of the parent who did not give birth to the 7
individual shall be inserted. 8
(ii) The legal proceeding should request and report to the Secretary 9
that the surname of the subject of the record be changed from that shown on the original 10
certificate, if a change is desired. 11
(3) If the individual is adopted, the name of the individual shall be that set 12
by the decree of adoption, and the adoptive parents shall be recorded as the parents of the 13
individual. 14
(4) The new certificate of birth shall contain wording that requires each 15
parent shown on the new certificate to indicate [his or her] THE PARENT’S own Social 16
Security number. 17
[(f)] (G) (1) When a new certificate of birth is made under subsection (b) of 18
this section: 19
(i) The sex designation of the individual on the new certificate of 20
birth shall be the sex designation for which satisfactory proof has been submitted in 21
accordance with subsection (b) of this section; and 22
(ii) If the name of the individual has been changed at any time, the 23
name of the individual on the new certificate of birth shall be the name that was last 24
established and for which appropriate documentation has been submitted to the 25
Department. 26
(2) A new certificate of birth made under subsection (b) of this section may 27
not: 28
(i) Be marked “amended”; or 29
(ii) Show on its face that a change has been made to: 30
1. A sex designation; or 31
SENATE BILL 314 5
2. If applicable, a change of name. 1
(3) (I) WHEN ISSUING A NEW CERTIFICA TE OF BIRTH UNDER 2
SUBSECTION (B) OF THIS SECTION, THE SECRETARY SHALL ALLOW AN INDIVIDUAL 3
TO DESIGNATE THE SEX OF THE INDIVIDUAL AS: 4
1. FEMALE; 5
2. MALE; OR 6
3. UNSPECIFIED OR ANOTHE R. 7
(II) IF AN INDIVIDUAL INDI CATES A SEX DESIGNATION OF 8
UNSPECIFIED OR ANOTH ER ON AN APPLICATION FOR A NEW CERTIFICAT E OF BIRTH, 9
THE SECRETARY SHALL ENSURE THAT TH E NEW CERTIFICATE OF BIRTH DISPLAYS 10
AN “X” IN THE LOCATION THAT INDICATES THE INDIVI DUAL’S SEX. 11
(H) (1) WHEN A NEW CERTIFICAT E OF BIRTH IS MADE U NDER 12
SUBSECTION (C) OF THIS SECTION , IF THE NAME OF THE P ARENT HAS BEEN 13
CHANGED AT ANY TIME: 14
(I) THE NAME OF THE PAREN T ON THE NEW CERTIFI CATE OF 15
BIRTH SHALL BE THE N AME THAT WAS LAST ES TABLISHED AND FOR WH ICH 16
APPROPRIATE DOCUMENTAT ION HAS BEEN SUBMITTED T O THE DEPARTMENT ; AND 17
(II) EXCEPT ON REQUEST OF THE INDIVIDUAL , OR, IF THE 18
INDIVIDUAL IS A MINO R OR DISABLED PERSON UNDER GUARDIANSHIP , THE 19
INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTAT IVE, THE NEW 20
CERTIFICATE OF BIRTH MAY NOT INCLUDE ANY PRIO R LEGAL NAME OF THE PARENT. 21
(2) A NEW CERTIFICATE OF B IRTH MADE UNDER SUBS ECTION (C) OF 22
THIS SECTION MAY NOT : 23
(I) BE MARKED “AMENDED”; OR 24
(II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MA DE TO: 25
1. A SEX DESIGNATION ; OR 26
2. IF APPLICABLE, A NAME. 27
[(g)] (I) (1) If a new certificate of birth is made, the Secretary shall: 28
6 SENATE BILL 314
(i) Substitute the new certificate of birth for any certificate then on 1
file; and 2
(ii) Place the original certificate of birth and all records that relate 3
to the new certificate of birth under seal. 4
(2) The seal may be broken only: 5
(i) On order of a court of competent jurisdiction; 6
(ii) If it does not violate the confidentiality of the record, on written 7
order of a designee of the Secretary; or 8
(iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the 9
Family Law Article. 10
(3) A certified copy of the certificate of birth that later is issued shall be a 11
copy of the new certificate of birth, unless: 12
(i) A court of competent jurisdiction orders the issuance of a copy of 13
the original certificate of birth; or 14
(ii) Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article 15
provides for the issuance of a copy of the original certificate of birth. 16
[(h)] (J) Each clerk of court shall send to the Secretary, on the form that the 17
Secretary provides, a report of: 18
(1) Each decree of adoption; 19
(2) Each adjudication of parentage, including the parent’s Social Security 20
number; and 21
(3) Each revocation or amendment of an y decree of adoption or 22
adjudication of paternity that the court enters. 23
[(i)] (K) Upon receipt of a report or decree of annulment of adoption, the original 24
certificate of birth shall be restored to its place in the files, and the adoption certificate and 25
any accompanying documents are not subject to inspection except upon order of a court of 26
competent jurisdiction or as provided by regulation. 27
[(j)] (L) If no certificate of birth is on file for the person for whom a new birth 28
certificate is to be established under this section, and the date and place of birth have not 29
been determined in the adoption or paternity proceedings: 30
(1) A delayed certificate of birth shall be filed with the Secretary as 31
provided in § 4–210 of this subtitle before a new certificate of birth is established; and 32 SENATE BILL 314 7
(2) The new birth certificate shall be prepared on the delayed birth 1
certificate form. 2
[(k)] (M) (1) The Secretary shall, on request, prepare and register a certificate 3
in this State for an individual born in a foreign country and who was adopted: 4
(i) Through a court of competent jurisdiction in this State; or 5
(ii) 1. Under the laws of a jurisdiction or country other than the 6
United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship and 7
Immigration Services under the Immigration and Nationality Act; and 8
2. By an adopting parent who is a resident of this State. 9
(2) Except as provided in paragraph (3) of this subsection, the certificate 10
shall be established on receipt of: 11
(i) A certificate of adoption from the court decreeing the adoption; 12
(ii) Proof of the date and place of the child’s birth; and 13
(iii) A request from the court, the adopting parents, or the adopted 14
person if 18 years of age or over that the certificate be prepared. 15
(3) If the child was adopted under the laws of a jurisdiction or country other 16
than the United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship 17
and Immigration Services under the Immigration and Nationality Act, the certificate shall 18
be established on receipt of: 19
(i) An official copy of the decree from the jurisdiction or country in 20
which the child was adopted; 21
(ii) A certified translation of the foreign adoption decree; 22
(iii) Proof of the date and place of the child’s birth; 23
(iv) Proof of IR–3 or IH–3 visa status; 24
(v) A request from the court, the adopting parents, or the adopted 25
person if 18 years of age or over that the certificate be prepared; and 26
(vi) Proof that the adopting parent is a resident of this State. 27
(4) The certificate shall be labeled “Certificate of Foreign Birth” and shall 28
show the actual country of birth. 29
8 SENATE BILL 314
(5) A statement shall also be included on the certificate indicating that it 1
is not evidence of United States citizenship for the child for whom it is issued. 2
Article – Transportation 3
12–305. 4
(a) An application for a license, an identification card, or a moped operator’s 5
permit shall allow an applicant to indicate that the sex the applicant identifies as is: 6
(1) Female; 7
(2) Male; or 8
(3) Unspecified or [other] ANOTHER. 9
(b) The Administration shall ensure that the license, identification card, or moped 10
operator’s permit of an applicant who has indicated an unspecified or [other] ANOTHER 11
sex on an application displays an “X” in the location on the license, identification card, or 12
moped operator’s permit that indicates the applicant’s sex. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2025. 15