Sex Change Info To Be Hidden By New Birth Certificate Bill

[Ayatollahgondola]

I don't care for this one at all, because it tampers with an original record and presents a false one in its' place.
Have a sex change if you must. There are some instances where some surgeries are acceptable. But don't lie to me about it

BILL NUMBER: AB 433 INTRODUCED
BILL TEXT


INTRODUCED BY Assembly Member Bonnie Lowenthal

FEBRUARY 14, 2011

An act to amend Sections 103425, 103430, and 103435 of the Health
and Safety Code, relating to vital records.


LEGISLATIVE COUNSEL'S DIGEST


AB 433, as introduced, Bonnie Lowenthal. Birth certificates:
issuance.
Under existing law, whenever a person born in this state has
undergone surgical treatment for the purpose of altering his or her
sexual characteristics to those of the opposite sex, a new birth
certificate may be prepared reflecting the change of gender and any
change of name. A petition for the issuance of a new birth
certificate is permitted to be filed in the superior court of the
county in which the petitioner resides. Existing law requires the
petition to be accompanied by an affidavit of the physician
documenting the sex change and allows for the filing of objections by
any person who can, in those objections, show good cause against the
change in birth certificate.
This bill would allow a person who has undergone clinically
appropriate treatment for the purpose of gender transition to file a
petition in any superior court to recognize the change in gender and,
additionally, if applicable, a name change and request for a new
birth certificate. The bill would make the physician's affidavit
conclusive proof of gender change if it contains specified language.
The bill would not allow objections to be filed and would require the
court to grant the petition if the affidavit shows that the
petitioner has undergone clinically appropriate treatment for the
purpose of gender transition.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 103425 of the Health and Safety Code is amended
to read:
103425. (a) Whenever a person born
in this state has undergone surgical treatment
for the purpose of altering his or her sexual characteristics to
those of the opposite sex, clinically appropriate
treatment for the purpose of gender transition, the person may file a
petition with the superior court in any county seeking a judgment
recognizing the change of gender.
(b) If requested, the judgment shall
include an order that a new birth certificate may
be prepared for the person reflecting the change of gender
and any change of name accomplished by an order of a court of this
state, another state, the District of Columbia, or any territory of
the United States. A petition for the issuance of a new
birth certificate in those cases shall be filed with the superior
court of the county where the petitioner resides.
SEC. 2. Section 103430 of the Health and Safety Code is amended to
read:
103430. (a) The petition shall be accompanied by an affidavit of
a physician documenting the sex change
attesting that the person has undergone clinically appropriate
treatment for the purpose of gender transition, based on contemporary
medical standards , and a certified copy of the court order
changing the applicant's name (if applicable).
, if applicable. The physician's affidavit shall be accepted as
conclusive proof of gender change if it contains
substantially the following language: "I, (physician's full name),
(physician's medical license or certificate number), am a licensed
physician in (jurisdiction). I attest that (name of petitioner) has
under gone clinically appropriate treatment for the
purpose of gender transition to (male or female). I declare under
penalty of perjury that the foregoing is true and correct to the best
of my knowledge."
(b) The petition shall be heard at the time appointed by the
court and objections may be filed by any person who can, in
those objections, show to the court good reason against the change of
birth certificate . At the hearing, the court may examine
on oath the petitioner, and any other person having knowledge of
facts relevant to the application. At the conclusion of the hearing
the court shall make an order to issue a new certificate, or
dismissing the petition, as to the court may seem right and proper
grant the petition if the physician's affidavit shows
that the person has undergone clinically appropriate treatment for
the purpose of gender transition .
(c) A If the judgment includes an order
for a new birth certificate, a certified copy of the decree of
the court ordering the new birth certificate, shall ,
within 30 days from the date of the decree, be filed with the State
Registrar. Upon receipt thereof together with the fee prescribed by
Section 103725, the State Registrar shall establish a new birth
certificate for the applicant.
(d) The new birth certificate shall indicate the sex of the
registrant as it has been surgically altered
specified in the judgment of the court and shall reflect any
change of name specified in the application if accompanied by a court
order, as prescribed by Section 103425. No reference shall be made
in the new birth certificate, nor shall its form in any way indicate,
that it is not the original birth certificate of the registrant.
SEC. 3. Section 103435 of the Health and Safety Code is amended to
read:
103435. In lieu of separate proceedings, a single petition
for a change of name and may be filed with
the superior court to change the petitioner's name and recognize the
change to petitioner's gender and, if requested, to order the
issuance of a new birth certificate reflecting a change of
gender may be filed with the superior court . With respect
to such a petition, the court shall follow the procedure set forth in
Title 8 (commencing with Section 1275) of Part III of the Code of
Civil Procedure ; however, the order to show cause
shall not include the petition to recognize the change of gender
. A certified copy of the decree of the court issued pursuant
to this section shall , within 30 days , be
filed with both the Secretary of State and , if the judgment
includes an order for a new birth certificate, the State
Registrar. Upon its receipt, the State Registrar shall establish a
new birth certificate as provided in this article.