Existing law authorizes a person to file a petition with the superior court in any county seeking a judgment recognizing the change of gender to female, male, or nonbinary. The judgment, upon request, is required to include an order that a new birth certificate be prepared for the person reflecting the change of gender and any change of name that was ordered in specified jurisdictions.
This bill would authorize a person, as part of a proceeding on a petition for a judgment recognizing the change of gender, to also seek an order to revise a marriage license and certificate of the petitioner or a birth certificate of the petitioner's child or children to include the petitioner's change of gender. The bill would authorize a spouse of the petitioner to object to a revision of the marriage license and certificate by filing a written objection and appearing at the hearing on the petition. The court may examine the petitioner and spouse under oath and may only deny the request to revise the marriage license and certificate if the court finds the request is fraudulent. The bill would require the court to grant the request to revise the marriage license and certificate without a hearing if the spouse does not object by filing a written objection. The bill would require the court to deny the petitioner's request to revise the birth certificate of the petitioner's child who is 18 years of age or older, unless the petition includes the adult child's signed stipulation. The bill would require the court to grant the petitioner's request to revise the birth certificate of the petitioner's child who is under 18 years of age, unless the court finds that
the request is fraudulent. The bill would make conforming procedural changes to the issuance of a revised birth certificate and marriage license and certificate. The bill would authorize a county to establish a fee to establish a new marriage license and certificate under these provisions, not to exceed an amount as specified.
The bill would make technical, nonsubstantive changes to use gender-neutral language.

Statutes affected:
SB741: 103425 HSC, 103430 HSC, 103435 HSC, 103440 HSC, 103445 HSC, 103725 HSC
02/22/19 - Introduced: 103425 HSC, 103430 HSC, 103435 HSC, 103440 HSC, 103445 HSC, 103725 HSC
03/27/19 - Amended Senate: 103425 HSC, 103430 HSC, 103435 HSC, 103440 HSC, 103445 HSC, 103725 HSC
04/30/19 - Amended Senate: 103425 HSC, 103430 HSC, 103435 HSC, 103440 HSC, 103445 HSC, 103725 HSC