Existing law authorizes a person to file a petition with the superior court seeking a judgment recognizing their change of gender to female, male, or nonbinary, including a person who is under 18 years of age. Existing law authorizes a person to file a single petition to simultaneously change the petitioner's name and recognize the change to the petitioner's gender and sex identifier, as specified. Existing law requires a petition for a change of gender and sex identifier or a single petition for change to the petitioner's name and to recognize the change of the petitioner's gender and sex identifier filed by a person under 18 years of age, and any papers associated with the proceeding, to be kept confidential by the court. Existing law requires the court to limit access to these records to specified individuals, including, among others, the minor, the minor's parents, and their attorneys.
This bill would expand that confidentiality to apply to all filed petitions, regardless of the age of the petitioner, and any papers associated with a proceeding for a change of gender and sex identifier, for a single petition for change to the petitioner's name and to recognize the change to the petitioner's gender and sex identifier, or for a change of name to conform the petitioner's name to the petitioner's gender identity, as specified. This bill would make these confidentiality requirements retroactive and require the Judicial Council to ensure that all courts have implemented a method to ensure the court maintains the confidentiality of these petitions and associated papers that were filed prior to the effective date of this act. The bill would authorize, if a person or entity discovers that a court record is not being kept confidential by the court, a person or entity to apply ex parte and without a fee to the court for an order to make those records confidential. The bill would prohibit those records from being posted publicly, on the internet or otherwise, by anyone other than the petitioner.
This bill would make a violation of these confidentiality requirements an injury and, commencing 6 months after the effective date of this act, would authorize a person or entity to institute proceedings for injunctive relief, declaratory relief, or a writ of mandate to enforce them. The bill would require a court to award reasonable attorney's fees and costs to a plaintiff who prevails on a cause of action against a private party pursuant to this authority.
This bill would also authorize a petitioner who has been harmed by a disclosure or continuing disclosure of confidential information in violation of these confidentiality requirements, as specified, to, commencing 6 months after the effective date of this act, bring a civil action against the private person or entity that caused the harm. The bill would require a private person or entity found liable to pay actual damages or liquidated damages, punitive damages, and reasonable attorney's fees and costs, as specified.
This bill would require the court, without a public hearing, to seal these types of petitions, as specified, and all court records and papers associated with that proceeding, upon the request of the petitioner and a finding that a petitioner has met the criteria set forth in a specific California Rule of Court.
This bill would make legislative findings and declarations in support of its provisions.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would declare that it is to take effect immediately as an urgency statute.

Statutes affected:
SB 59: 103437 HSC
01/08/25 - Introduced: 103437 HSC
03/20/25 - Amended Senate: 103437 HSC
04/10/25 - Amended Senate: 103437 HSC