Existing law establishes procedures for an adult petitioner to obtain a court order for a change of name to conform to the petitioner's gender identity. Existing law requires the court to make an order to show cause with regard to the petition and a process for persons interested to make known any objection to the change of name by filing a written objection within six weeks of the making of the order. Existing law requires, in the case of a conforming name change petition for a minor that does not include the signatures of both living parents, the petition and the order to show cause to be served as prescribed on the nonsigning parent within 30 days of the order.
This bill would eliminate the mechanism to file an objection to an adult petitioner's change of name to conform to the petitioner's name to the petitioner's gender identity. The bill would require the court to enter an order granting the petition without a hearing within two weeks of the petition's filing, as specified.
The bill would require, for a change of name to conform a minor petitioner's name to their gender identity signed by all living parents of the minor, the court to enter, within two weeks of the filing of the petition and without a hearing, an order that the change of name is granted. The bill would require, if the petition is not signed by all living parents of the minor, the court to make an order reciting specified information, and require the petition and the order to be served on any parent who did not sign the petition. The bill would require that no hearing date be set unless an objection is timely filed and shows good cause for opposing the name change.
Existing law authorizes a person to file a petition with the superior court for a court order to issue a new marriage license and certificate, confidential marriage license and certificate, or birth certificate to reflect a change in gender and sex identifier. Existing law provides a process for specified individuals to be given notice and an opportunity to respond to the petition, as specified, including that any objection to the petition must be filed within 6 weeks of the making of the order or the court will, without hearing, enter an order granting the petition. Existing law requires, if no service on any party is required, the court to grant the petition without a hearing if no written objection is timely filed within 6 weeks of the filing of the petition.
This bill would require the notice provided to specified individuals to additionally include that the court will grant the petition as soon as possible after the completion of the 6-week objection period. The bill would require, if no service on any party is required, the court to grant the petition without a hearing if no written objection is timely filed within 2 weeks of the filing of the petition, and as soon as possible after the completion of the 2-week objection period.
Existing law authorizes a person to obtain a new marriage license and certificate, confidential marriage license and certificate, or birth certificate for their minor or adult child directly from the State Registrar or county clerk, as applicable, to reflect the person's change of gender and sex identifier to female, male, or nonbinary without a court order, if the person submits specific supporting documentation. Existing law requires the petitioner to file a judgment ordering a new birth certificate or marriage license and certificate to be filed with the State Registrar or county clerk, as applicable, within 30 days from the date of the judgment.
This bill would eliminate the requirement that a petitioner file the judgment within 30 days from the date of the judgment. The bill would require the State Registrar or county clerk, as applicable, to issue a new birth certificate or marriage license and certificate within two weeks of the receipt of an application. By creating new duties of a county clerk under these provisions, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
This bill would declare that it is to take effect immediately as an urgency statute.

Statutes affected:
AB 1084: 103426 HSC, 103430 HSC, 103431 HSC, 103435 HSC
02/20/25 - Introduced: 103426 HSC, 103430 HSC, 103431 HSC, 103435 HSC