EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 298
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MOON.
1083S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 193.215, RSMo, and to enact in lieu thereof two new sections relating to gender
designations on state-issued identity documents.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 193.215, RSMo, is repealed and two new 1
sections enacted in lieu thereof, to be known as sections 1.3000 2
and 193.215, to read as follows:3
1.3000. 1. As used in this section, the following 1
terms mean: 2
(1) "Biological sex", the biological indication of 3
male or female as determined by sex chromosomes; 4
(2) "Identity document", any document issued to a 5
person that is commonly used to prove the person's identity; 6
(3) "State agency", any authority, board, branch, 7
commission, committee, department, division, or other 8
instrumentality of the executive branch of state government. 9
2. Any identity document iss ued to a person by a state 10
agency shall contain a gender designation for the person 11
that corresponds to the person's biological sex. 12
3. A state agency shall not assign or amend a gender 13
designation on any identity document issued to a person on 14
the basis of the person's self -designation, any surgery or 15
procedure performed on the person, any drugs or hormones 16
taken by the person, or any factor other than evidence 17
demonstrating the person's biological sex. 18 SB 298 2
4. Any state agency that has previ ously issued a 19
person an identity document with a gender designation that 20
does not correspond to the person's biological sex shall 21
revoke such identity document and reissue the identity 22
document with the gender designation that corresponds to the 23
person's biological sex. 24
5. The provisions of this section shall not apply to 25
any identity document issued to: 26
(1) Any person born with a medically verifiable 27
disorder of sex development including, but not limited to, a 28
person with external biol ogical sex characteristics that are 29
irresolvably ambiguous and a person having both ovarian and 30
testicular tissue; or 31
(2) Any person who has been diagnosed by a physician 32
with a disorder of sex development and who, based on genetic 33
or biochemical testing, does not have normal sex chromosome 34
structure, sex steroid hormone production, or sex steroid 35
hormone action. 36
193.215. 1. A certificate or report registered 1
pursuant to sections 193.005 to 193.325 may be amended only 2
pursuant to the provisions of sections 193.005 to 193.325, 3
and regulations adopted by the department. 4
2. A certificate or report that is amended pursuant to 5
this section shall be marked "Amended" except as otherwise 6
provided in this section. The date of amendment and a 7
summary description of the evidence submitted in support of 8
the amendment shall be endorsed on or made part of the 9
record. 10
3. Upon receipt of a certified copy of an order of a 11
court of competent jurisdiction changing the name of a 12
person born in this state and upon request of such person or 13
such person's parents, guardian, or legal representative, 14 SB 298 3
the state registrar shall amend the certificate of birth to 15
show the new name. The court order shall include such facts 16
as are necessary to locate and identify the certificate of 17
birth of the person whose name is being changed. 18
4. When an applicant does not submit the minimum 19
documentation required in the regulations for amending a 20
vital record or when the state registra r has reasonable 21
cause to question the validity or adequacy of the 22
applicant's sworn statements or the documentary evidence, 23
and if the deficiencies are not corrected, the state 24
registrar shall not amend the vital record and shall advise 25
the applicant of the reason for this action and the 26
applicant's right of appeal to a court of competent 27
jurisdiction. 28
5. When a certificate or report is amended pursuant to 29
this section, the state registrar shall report the amendment 30
to any other custodians o f the vital record and their record 31
shall be amended accordingly. 32
6. Upon written request of both parents and receipt of 33
a sworn acknowledgment of paternity notarized and signed by 34
both parents of a child born out of wedlock, the state 35
registrar shall amend the certificate of birth to show such 36
paternity. The acknowledgment affidavit form shall be 37
developed by the state registrar and shall include the 38
minimum requirements prescribed by the secretary of the 39
Department of Health and Human Servi ces pursuant to 42 40
U.S.C. Section 652(a)(7). The acknowledgment form shall 41
include provisions to allow the parents to change the 42
surname of the child and such surname shall be changed on 43
the birth record if the parents elect to change the child's 44
surname. The signature of the parents shall be notarized or 45
the signature shall be witnessed by at least two 46 SB 298 4
disinterested adults whose signatures and addresses shall be 47
plainly written thereon. The form shall be accompanied by 48
oral notice, which may be provided through the use of video 49
or audio equipment, and written notice to the mother and 50
putative father of: 51
(1) The alternatives to, the legal consequences of, 52
and the rights and responsibilities that arise from signing 53
the acknowledgment; 54
(2) The benefits of having the child's paternity 55
established; and 56
(3) The availability of paternity establishment and 57
child support enforcement services. A rescission of 58
acknowledgment form shall be filed with the bureau of vital 59
records pursuant to section 210.823 to vacate the legal 60
finding of paternity. The bureau shall file all rescissions 61
and forward a copy of each to the family support division. 62
The birth record shall only be changed pursuant to this 63
subsection upon an order of th e court or the family support 64
division. 65
7. The department shall offer voluntary paternity 66
establishment services. 67
8. Upon receipt of a certified copy of an order of a 68
court of competent jurisdiction changing the name of a 69
person born in this state and upon request of such person or 70
such person's parents, guardian or legal representative, the 71
state registrar shall amend the certificate of birth to show 72
the new name. 73
[9. Upon receipt of a certified copy of an order of a 74
court of competent jurisdiction indicating the sex of an 75
individual born in this state has been changed by surgical 76
procedure and that such individual's name has been changed, 77 SB 298 5
the certificate of birth of such individual shall be 78
amended.] 79