Bill Summary – FastDemocracy

SB 102
                       Department of Legislative Services
                              Maryland General Assembly
                                    2020 Session
                            FISCAL AND POLICY NOTE
                                  Third Reader
Senate Bill 102                  (Chair, Finance Committee)(By Request - Departmental -
                                 Health)
Finance                                              Health and Government Operations
             Vital Records - Birth Certificates - Change of Name of Child
This departmental bill authorizes the Maryland Department of Health (MDH) to change
the name on the birth certificate of a child without a court order once within 12 months
following birth even if only one parent is named on the birth certificate. The named parent
must present MDH with (1) a written request for the change of name and (2) an affidavit
that has been sworn before a notary public of the State affirming that the individual is the
parent of the child and is making the request of their own free will. The bill clarifies that,
when both parents are named on the birth certificate, only one affidavit signed by both
parents is required.
                                     Fiscal Summary
State Effect: The bill does not substantively change State activities or finances.
Local Effect: Minimal decrease in circuit court filing fee revenues beginning in FY 2021.
Expenditures are not materially affected. Local health departments can issue revised
birth certificates with existing budgeted resources.
Small Business Effect: MDH has determined that this bill has minimal or no impact on
small business (attached). The Department of Legislative Services concurs with this
assessment.
                                         Analysis
Current Law/Background: MDH may change the name on a birth certificate once
without a court order if, within 12 months after the birth of a child, MDH receives from
both parents (1) a written request for the name change and (2) an affidavit sworn before a
notary public stating that they are the parents of the child and are making the request of
their own free will. A mother must obtain a court order to change the name of her child if
the father is not listed on the birth certificate.
A mother may choose not to include the father’s name on a birth certificate for many
reasons, including domestic violence situations. MDH advises that, between 2016 and
2018, there were an average of 5,905 births where the father’s name was not listed on the
birth certificate. Of those births, MDH received an average of 196 name change requests
within one year of birth. These requests required the mother to obtain a court order. Under
the bill, MDH can change the name on the birth certificate. MDH advises that the bill will
reduce costs and expedite names changes for these mothers.
Local Fiscal Effect: According to the Administrative Office of the Courts, the bill will
not have a significant operational impact or decrease in revenues from circuit court fees.
The filing fee for a name change for a child is $165. Thus, circuit court revenues decline
by approximately $32,340 annually statewide beginning in fiscal 2021 due to a reduction
in the number of filings.
                               Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Maryland Administrative Office of the Courts, Maryland
Association of County Health Officers; Maryland Department of Health; Department of
Legislative Services
Fiscal Note History:      First Reader - January 22, 2020
rh/jc                     Third Reader - January 31, 2020
Analysis by: Amberly Holcomb                           Direct Inquiries to:
                                                       (410) 946-5510
                                                       (301) 970-5510
SB 102/ Page 2
                 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL:        Amending a Child’s Name on a Birth Certificate within 12 Months after
                      Birth
BILL NUMBER:          SB 102
PREPARED BY:          The Maryland Department of Health
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
       X         WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
                 BUSINESS
                               OR
                 WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
                 BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
This proposal does not involve small businesses and will have no impact on them.
SB 102/ Page 3
Statutes affected: 
Text - First - Vital Records - Birth Certificates - Change of Name of Child: 4-214 Health General
Text - Third - Vital Records - Birth Certificates - Change of Name of Child: 4-214 Health General