Maryland 2025 Regular Session

Maryland Senate Bill SB314 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0314
6	6
7	7	SENATE BILL 314
8	8	J1, R4 5lr0691
9	9	CF 5lr2495
10	10	By: Senators Lam and Waldstreicher
11	11	Introduced and read first time: January 13, 2025
12	12	Assigned to: Finance and Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Certificates of Birth, Licenses, and Identification Cards – Sex Designation 2
19	19	(Birth Certificate Modernization Act) 3
20	20
21	21	FOR the purpose of altering the circumstances under which the Secretary of Health is 4
22	22	required to make a new certificate of birth due to the change of a sex designation of 5
23	23	an individual; establishing requirements and a prohibition related to the making of 6
24	24	new certificates of birth; altering the options for indicating an individual’s sex 7
25	25	designation on a license, identification card, and moped operator’s permit issued by 8
26	26	the Motor Vehicle Administration; and generally relating to the issuance of 9
27	27	certificates of birth, licenses, and identification cards. 10
28	28
29	29	BY repealing and reenacting, with amendments, 11
30	30	Article – Health – General 12
31	31	Section 4–211 13
32	32	Annotated Code of Maryland 14
33	33	(2023 Replacement Volume and 2024 Supplement) 15
34	34
35	35	BY repealing and reenacting, with amendments, 16
36	36	Article – Transportation 17
37	37	Section 12–305(a) and (b) 18
38	38	Annotated Code of Maryland 19
39	39	(2020 Replacement Volume and 2024 Supplement) 20
40	40
41	41	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21
42	42	That the Laws of Maryland read as follows: 22
43	43
44	44	Article – Health – General 23
45	45
46	46	4–211. 24
47	47	2 SENATE BILL 314
48	48
49	49
50	50	(a) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 1
51	51	make a new certificate of birth for an individual if the Department receives satisfactory 2
52	52	proof that: 3
53	53
54	54	(1) The individual was born in this State; and 4
55	55
56	56	(2) Regardless of the location, one of the following has occurred: 5
57	57
58	58	(i) The previously unwed parents of the individual have married 6
59	59	each other after the birth of the individual; 7
60	60
61	61	(ii) A court of competent jurisdiction has entered an order as to the 8
62	62	parentage, legitimation, or adoption of the individual; or 9
63	63
64	64	(iii) If a parent who did not give birth to the individual is not named 10
65	65	on an earlier certificate of birth: 11
66	66
67	67	1. The parent who did not give birth to the individual has 12
68	68	acknowledged [himself or herself] by affidavit to [be] BEING a parent of the individual; and 13
69	69
70	70	2. The [mother of the individual] PARENT LISTED ON THE 14
71	71	INDIVIDUAL’S BIRTH CERTIFICATE has consented by affidavit to the acknowledgment. 15
72	72
73	73	(b) Except as provided in subsection [(d)] (E) of this section, the Secretary shall 16
74	74	make a new certificate of birth for an individual if the Department receives satisfactory 17
75	75	proof that: 18
76	76
77	77	(1) The individual was born in this State; and 19
78	78
79	79	(2) Regardless of the location, one of the following has occurred: 20
80	80
81	81	(i) [1. A licensed health care practitioner who has treated or 21
82	82	evaluated the individual has determined that the individual’s sex designation should be 22
83	83	changed because the individual has undergone treatment appropriate for the purpose of 23
84	84	sex transition or has been diagnosed with an intersex condition; 24
85	85
86	86	2.] The individual, or if the individual is a minor or disabled 25
87	87	person under guardianship, the individual’s parent, guardian, or legal representative, has 26
88	88	made a written request, UNDER PENALTY OF P ERJURY, for a new certificate of birth with 27
89	89	a sex designation that differs from the sex designated on the original certificate of birth; 28
90	90	[and 29
91	91
92	92	3. The licensed health care practitioner has signed a 30
93	93	statement, under penalty of perjury, that: 31
94	94	SENATE BILL 314 3
95	95
96	96
97	97	A. The individual has undergone surgical, hormonal, or other 1
98	98	treatment appropriate for the individual, based on generally accepted medical standards; 2
99	99	or 3
100	100
101	101	B. The individual has an intersex condition and, in the 4
102	102	professional opinion of the licensed health care practitioner, based on generally accepted 5
103	103	medical standards, the individual’s sex designation should be changed accordingly;] 6
104	104
105	105	(ii) A court of competent jurisdiction has issued an order indicating 7
106	106	that the sex of an individual born in this State has been changed; or 8
107	107
108	108	(iii) Before October 1, 2015, the Secretary, as provided under 9
109	109	regulations adopted by the Department, amended an original certificate of birth on receipt 10
110	110	of a certified copy of an order of a court of competent jurisdiction indicating the sex of the 11
111	111	individual had been changed. 12
112	112
113	113	(c) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , THE 13
114	114	SECRETARY SHALL MAKE A NEW CERTIFICATE OF BIRTH FOR AN INDIVID UAL IF THE 14
115	115	DEPARTMENT RECEIVES S ATISFACTORY PROOF TH AT: 15
116	116
117	117	(1) THE INDIVIDUAL WAS BO RN IN THIS STATE; AND 16
118	118
119	119	(2) REGARDLESS OF THE LOC ATION, A COURT OF COMPETENT 17
120	120	JURISDICTION HAS ISS UED AN ORDER INDICAT ING THAT THE NAME OF A PARENT 18
121	121	LISTED ON THE CERTIF ICATE OF BIRTH HAS B EEN CHANGED . 19
122	122
123	123	(D) Except as provided in subsection [(d)] (E) of this section, the Secretary may 20
124	124	make a new certificate of birth for an individual who was born outside the United States if 21
125	125	one of the following occurred in this State: 22
126	126
127	127	(1) The previously unwed parents of the individual have married each 23
128	128	other after the birth of the individual; 24
129	129
130	130	(2) A court of competent jurisdiction in this State has entered an order as 25
131	131	to parentage or legitimation; or 26
132	132
133	133	(3) The parent who did not give birth to the individual acknowledged 27
134	134	[himself or herself] by affidavit to [be] BEING a parent of the individual and the [mother] 28
135	135	PARENT LISTED ON THE BIRTH CERTIFICATE of the individual has consented by 29
136	136	affidavit to the acknowledgment. 30
137	137
138	138	[(d)] (E) The Secretary may not make a new certificate of birth in connection 31
139	139	with an order of a court of competent jurisdiction relating to the adoption of an individual, 32
140	140	if one of the following so directs the Secretary: 33
141	141
142	142	(1) The court that decrees the adoption; 34 4 SENATE BILL 314
143	143
144	144
145	145
146	146	(2) The adoptive parents; or 1
147	147
148	148	(3) The adopted individual, if an adult. 2
149	149
150	150	[(e)] (F) A new certificate of birth shall be prepared on the following basis: 3
151	151
152	152	(1) The individual shall be treated as having at birth the status that later 4
153	153	is acquired or established and of which proof is submitted. 5
154	154
155	155	(2) (i) If the parents of the individual were not married and parentage 6
156	156	is established by legal proceedings, the name of the parent who did not give birth to the 7
157	157	individual shall be inserted. 8
158	158
159	159	(ii) The legal proceeding should request and report to the Secretary 9
160	160	that the surname of the subject of the record be changed from that shown on the original 10
161	161	certificate, if a change is desired. 11
162	162
163	163	(3) If the individual is adopted, the name of the individual shall be that set 12
164	164	by the decree of adoption, and the adoptive parents shall be recorded as the parents of the 13
165	165	individual. 14
166	166
167	167	(4) The new certificate of birth shall contain wording that requires each 15
168	168	parent shown on the new certificate to indicate [his or her] THE PARENT’S own Social 16
169	169	Security number. 17
170	170
171	171	[(f)] (G) (1) When a new certificate of birth is made under subsection (b) of 18
172	172	this section: 19
173	173
174	174	(i) The sex designation of the individual on the new certificate of 20
175	175	birth shall be the sex designation for which satisfactory proof has been submitted in 21
176	176	accordance with subsection (b) of this section; and 22
177	177
178	178	(ii) If the name of the individual has been changed at any time, the 23
179	179	name of the individual on the new certificate of birth shall be the name that was last 24
180	180	established and for which appropriate documentation has been submitted to the 25
181	181	Department. 26
182	182
183	183	(2) A new certificate of birth made under subsection (b) of this section may 27
184	184	not: 28
185	185
186	186	(i) Be marked “amended”; or 29
187	187
188	188	(ii) Show on its face that a change has been made to: 30
189	189
190	190	1. A sex designation; or 31
191	191	SENATE BILL 314 5
192	192
193	193
194	194	2. If applicable, a change of name. 1
195	195
196	196	(3) (I) WHEN ISSUING A NEW CERTIFICA TE OF BIRTH UNDER 2
197	197	SUBSECTION (B) OF THIS SECTION, THE SECRETARY SHALL ALLOW AN INDIVIDUAL 3
198	198	TO DESIGNATE THE SEX OF THE INDIVIDUAL AS: 4
199	199
200	200	1. FEMALE; 5
201	201
202	202	2. MALE; OR 6
203	203
204	204	3. UNSPECIFIED OR ANOTHE R. 7
205	205
206	206	(II) IF AN INDIVIDUAL INDI CATES A SEX DESIGNATION OF 8
207	207	UNSPECIFIED OR ANOTH ER ON AN APPLICATION FOR A NEW CERTIFICAT E OF BIRTH, 9
208	208	THE SECRETARY SHALL ENSURE THAT TH E NEW CERTIFICATE OF BIRTH DISPLAYS 10
209	209	AN “X” IN THE LOCATION THAT INDICATES THE INDIVI DUAL’S SEX. 11
210	210
211	211	(H) (1) WHEN A NEW CERTIFICAT E OF BIRTH IS MADE U NDER 12
212	212	SUBSECTION (C) OF THIS SECTION , IF THE NAME OF THE P ARENT HAS BEEN 13
213	213	CHANGED AT ANY TIME: 14
214	214
215	215	(I) THE NAME OF THE PAREN T ON THE NEW CERTIFI CATE OF 15
216	216	BIRTH SHALL BE THE N AME THAT WAS LAST ES TABLISHED AND FOR WH ICH 16
217	217	APPROPRIATE DOCUMENTAT ION HAS BEEN SUBMITTED T O THE DEPARTMENT ; AND 17
218	218
219	219	(II) EXCEPT ON REQUEST OF THE INDIVIDUAL , OR, IF THE 18
220	220	INDIVIDUAL IS A MINO R OR DISABLED PERSON UNDER GUARDIANSHIP , THE 19
221	221	INDIVIDUAL’S PARENT, GUARDIAN, OR LEGAL REPRESENTAT IVE, THE NEW 20
222	222	CERTIFICATE OF BIRTH MAY NOT INCLUDE ANY PRIO R LEGAL NAME OF THE PARENT. 21
223	223
224	224	(2) A NEW CERTIFICATE OF B IRTH MADE UNDER SUBS ECTION (C) OF 22
225	225	THIS SECTION MAY NOT : 23
226	226
227	227	(I) BE MARKED “AMENDED”; OR 24
228	228
229	229	(II) SHOW ON ITS FACE THAT A CHANGE HAS BEEN MA DE TO: 25
230	230
231	231	1. A SEX DESIGNATION ; OR 26
232	232
233	233	2. IF APPLICABLE, A NAME. 27
234	234
235	235	[(g)] (I) (1) If a new certificate of birth is made, the Secretary shall: 28
236	236	6 SENATE BILL 314
237	237
238	238
239	239	(i) Substitute the new certificate of birth for any certificate then on 1
240	240	file; and 2
241	241
242	242	(ii) Place the original certificate of birth and all records that relate 3
243	243	to the new certificate of birth under seal. 4
244	244
245	245	(2) The seal may be broken only: 5
246	246
247	247	(i) On order of a court of competent jurisdiction; 6
248	248
249	249	(ii) If it does not violate the confidentiality of the record, on written 7
250	250	order of a designee of the Secretary; or 8
251	251
252	252	(iii) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the 9
253	253	Family Law Article. 10
254	254
255	255	(3) A certified copy of the certificate of birth that later is issued shall be a 11
256	256	copy of the new certificate of birth, unless: 12
257	257
258	258	(i) A court of competent jurisdiction orders the issuance of a copy of 13
259	259	the original certificate of birth; or 14
260	260
261	261	(ii) Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article 15
262	262	provides for the issuance of a copy of the original certificate of birth. 16
263	263
264	264	[(h)] (J) Each clerk of court shall send to the Secretary, on the form that the 17
265	265	Secretary provides, a report of: 18
266	266
267	267	(1) Each decree of adoption; 19
268	268
269	269	(2) Each adjudication of parentage, including the parent’s Social Security 20
270	270	number; and 21
271	271
272	272	(3) Each revocation or amendment of an y decree of adoption or 22
273	273	adjudication of paternity that the court enters. 23
274	274
275	275	[(i)] (K) Upon receipt of a report or decree of annulment of adoption, the original 24
276	276	certificate of birth shall be restored to its place in the files, and the adoption certificate and 25
277	277	any accompanying documents are not subject to inspection except upon order of a court of 26
278	278	competent jurisdiction or as provided by regulation. 27
279	279
280	280	[(j)] (L) If no certificate of birth is on file for the person for whom a new birth 28
281	281	certificate is to be established under this section, and the date and place of birth have not 29
282	282	been determined in the adoption or paternity proceedings: 30
283	283
284	284	(1) A delayed certificate of birth shall be filed with the Secretary as 31
285	285	provided in § 4–210 of this subtitle before a new certificate of birth is established; and 32 SENATE BILL 314 7
286	286
287	287
288	288
289	289	(2) The new birth certificate shall be prepared on the delayed birth 1
290	290	certificate form. 2
291	291
292	292	[(k)] (M) (1) The Secretary shall, on request, prepare and register a certificate 3
293	293	in this State for an individual born in a foreign country and who was adopted: 4
294	294
295	295	(i) Through a court of competent jurisdiction in this State; or 5
296	296
297	297	(ii) 1. Under the laws of a jurisdiction or country other than the 6
298	298	United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship and 7
299	299	Immigration Services under the Immigration and Nationality Act; and 8
300	300
301	301	2. By an adopting parent who is a resident of this State. 9
302	302
303	303	(2) Except as provided in paragraph (3) of this subsection, the certificate 10
304	304	shall be established on receipt of: 11
305	305
306	306	(i) A certificate of adoption from the court decreeing the adoption; 12
307	307
308	308	(ii) Proof of the date and place of the child’s birth; and 13
309	309
310	310	(iii) A request from the court, the adopting parents, or the adopted 14
311	311	person if 18 years of age or over that the certificate be prepared. 15
312	312
313	313	(3) If the child was adopted under the laws of a jurisdiction or country other 16
314	314	than the United States and has been granted an IR–3 or IH–3 visa by the U.S. Citizenship 17
315	315	and Immigration Services under the Immigration and Nationality Act, the certificate shall 18
316	316	be established on receipt of: 19
317	317
318	318	(i) An official copy of the decree from the jurisdiction or country in 20
319	319	which the child was adopted; 21
320	320
321	321	(ii) A certified translation of the foreign adoption decree; 22
322	322
323	323	(iii) Proof of the date and place of the child’s birth; 23
324	324
325	325	(iv) Proof of IR–3 or IH–3 visa status; 24
326	326
327	327	(v) A request from the court, the adopting parents, or the adopted 25
328	328	person if 18 years of age or over that the certificate be prepared; and 26
329	329
330	330	(vi) Proof that the adopting parent is a resident of this State. 27
331	331
332	332	(4) The certificate shall be labeled “Certificate of Foreign Birth” and shall 28
333	333	show the actual country of birth. 29
334	334	8 SENATE BILL 314
335	335
336	336
337	337	(5) A statement shall also be included on the certificate indicating that it 1
338	338	is not evidence of United States citizenship for the child for whom it is issued. 2
339	339
340	340	Article – Transportation 3
341	341
342	342	12–305. 4
343	343
344	344	(a) An application for a license, an identification card, or a moped operator’s 5
345	345	permit shall allow an applicant to indicate that the sex the applicant identifies as is: 6
346	346
347	347	(1) Female; 7
348	348
349	349	(2) Male; or 8
350	350
351	351	(3) Unspecified or [other] ANOTHER. 9
352	352
353	353	(b) The Administration shall ensure that the license, identification card, or moped 10
354	354	operator’s permit of an applicant who has indicated an unspecified or [other] ANOTHER 11
355	355	sex on an application displays an “X” in the location on the license, identification card, or 12
356	356	moped operator’s permit that indicates the applicant’s sex. 13
357	357
358	358	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
359	359	October 1, 2025. 15