The bill, H.B. No. 2291, amends the Health and Safety Code to mandate the inclusion of a person's biological sex on birth certificates, specifying that it must be recorded as either male or female. It introduces new provisions that require individuals filing a birth certificate to ensure that the biological sex of a child, determined by sex organs, chromosomes, or endogenous profile, is accurately listed. However, if a child's biological sex is not determinable at birth due to atypical or ambiguous characteristics, the birth certificate does not need to include this information until it can be determined, at which point it can be amended.
Additionally, the bill restricts the issuance of amended birth certificates regarding biological sex. It states that a birth certificate incorporating corrected biological sex information cannot be issued unless it corrects a clerical error, completes missing biological sex information as required, or reflects a determination of sex for individuals with atypical or ambiguous sex characteristics at birth. The bill is set to take effect on September 1, 2025, and mandates the executive commissioner of the Health and Human Services Commission to adopt necessary rules for implementation.
Statutes affected: Introduced: Health and Safety Code 192.002, Health and Safety Code 192.003, Health and Safety Code 192.011 (Health and Safety Code 192)