RELATING TO CERTIFICATES OF BIRTH.

HB257

HOUSE OF REPRESENTATIVES

H.B. NO.

257

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO CERTIFICATES OF BIRTH
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION 1.
�
Chapter 338, Hawaii Revised Statutes, is
amended by adding a new section to part I to be appropriately designated and to
read as follows:

����
"
�338-
�
��
Certificates of birth; sex designation.
�
Each new certificate of birth issued by the State after the effective
date of this Act shall include a designation of the sex of the person born,
based on the genitalia of the person.
"

����
SECTION
2
.
�
Section
338-17.7, Hawaii Revised Statutes, is amended to read as follows:

����
"
�338-17.7
�
Establishment of new
certificates of birth, when.
�
(a)
�
The department of health shall establish, in
the following circumstances, a new certificate of birth for a person born in
this State who already has a birth certificate filed with the department and
who is referred to below as the "birth registrant":

����
(1)
�
Upon receipt of an
affidavit of paternity, a court order establishing paternity, or a certificate
of marriage establishing the marriage of the natural parents to each other,
together with a request from the birth registrant, or the birth registrant's
parent or other person having legal custody of the birth registrant, that a new
birth certificate be prepared because previously recorded information has been
altered pursuant to law;

����
(2)
�
Upon receipt of a
certified copy of a final order, judgment, or decree of a court of competent
jurisdiction that determined the nonexistence of a parent and child
relationship between a person identified as a parent on the birth certificate
on file and the birth registrant;

����
(3)
�
Upon receipt of a
certified copy of a final adoption decree, or of an abstract of the decree,
pursuant to sections 338-20 and 578-14;

����
(4)
�
Upon
receipt of an affidavit from a United States licensed physician or physician
assistant attesting that:

���������
(A)
�
The physician or
physician assistant has a bona fide provider-patient relationship with the
birth registrant;

���������
(B)
�
The physician or
physician assistant has [
treated and evaluated
]
examined
the
birth registrant [
and has reviewed and evaluated the birth registrant's
medical history;

���������
(C)
�
The
birth registrant has had appropriate clinical treatment for gender transition
to the new gender and has completed the transition to the new gender
]; and

����
[
(D)
]
(C)
�
The
[
new gender
]
sex of the birth registrant, based on the genitalia of
the birth registrant,
does not align with the sex designation on the birth
registrant's birth certificate; [
or
]

���������
provided that the birth
registrant is at least eighteen years of age; or

����
(5)
�
Upon request of a
law enforcement agency certifying that a new birth certificate showing
different information would provide for the safety of the birth registrant;
provided that the new birth certificate shall contain information requested by
the law enforcement agency, shall be assigned a new number and filed
accordingly, and shall not substitute for the birth registrant's original birth
certificate, which shall remain in place.

����
(b)
�

When a new certificate of birth is established under this section, it
shall be substituted for the original certificate of birth.
�
For all certificates except those amended
pursuant to subsection (a)(4),
[
T
]
t
he new certificate shall
not be marked as amended and shall in no way reveal the original language
changed by any amendment.
�
Thereafter,
the original certificate and the evidence supporting the preparation of the new
certificate shall be sealed and filed
in a medical archive
.
�
The sealed documents shall be opened only by
an order of a court of record[
or, for those documents amended pursuant to
subsection (a)(4), by request of the birth registrant
].
�
Provided that, for those documents amended
pursuant to subsection (a)(4), the original certificate shall be unsealed and the
new certificate marked as amended with regard to sex designation.

����
(c)
�

If a new certificate of birth is established under subsection (a)(4), it
shall reflect, or shall be reissued to reflect, any legal name change made
before, simultaneously, or after the change in sex designation; provided
appropriate documentation of the name change is submitted.

����
(d)
�

If a new certificate of birth is established under subsection (a)(4),
the department shall not require any additional medical information or records
other than those required by subsection (a)(4). "

����
SECTION 3.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.

����
SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION 5.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Health;
Certificates of Birth; Designations of Sex; Revisions

Description:

Provides
that a new certificate of birth issued by the State shall include a designation
of the sex of the person born, based on the genitalia of the person.
�
Authorizes amendments of designations of sex
on certificates of birth, provided that the birth registrant is an adult, and a
new designation is based on the genitalia of the birth registrant, as confirmed
by a physician or physician's assistant.
�

Requires certain original certificates to be unsealed and new
certificates to be marked as amended with regard to sex designation.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.